[W126 Coupe] Plowed into, literally!

[Sharan Bains]

Relieved to hear you are all ok and I hope and pray your daughter is fully 
fit too.

I don't see that there are any legal ramifications on the repair of the car, 
other than the car being repaired to a satisfactory roadworthy condition, 
which will be known if it passes the annual roadworthiness test following 
repair. The police have been and filed a report - that would be all that 
mattered here in the UK. But I'm not familiar with your local legal 
requirements, so best check.

Not sure why the other party is reluctant to not go via insurance - from the 
damage you describe, this will cost thousands to repair. Not claiming on 
insurance is only worthwhile if the increase in premiums from claiming is 
far greater than the loss incurred. And I cannot see his premium increasing 
by thousands.

Anyhow, the metal matters are easily settled over time. What's important is 
that you are all well and safe.

cheers
talbir


>From: Dick Spellman <spell.yy at verizon.net>
>Reply-To: Mercedes Coupes Mailing Lists <mbcoupes at mbcoupes.com>
>To: "mbcoupes at mbcoupes.com" <mbcoupes at mbcoupes.com>
>Subject: [W126 Coupe] Plowed into, literally!
>Date: Mon, 23 Jan 2006 17:29:10 -0500
>
>Well it's that time of year where storms dump snow, sleet, ice etc etc.  I 
>had been very happy tooling around in my 90 300SE (burgundy color) with the 
>4 snows and 2 rear studded.  Just had the Ding Wizard clear the last of the 
>dings this weekend.  Have the white 300SE Euro in the body shop for a pull 
>of the frame where the hood catches are located so the new hood will close 
>just perfect (final repairs from my oldest son's 100-150 lb leaping dear 
>incident back in November).  I thought I had turned the corner on bad news 
>while driving here in Massachusetts what with crappy rutted and pot holed 
>roads and all.
>
>This afternoon I had picked up my wife and daughter and we were heading 
>home and pulled up to a red light in the city of Quincy.  Unfortunately an 
>independent city plow truck (claims brakes did not work) drove into us at 
>some low speed pushing us into the intersection and causing the plow blade 
>to cant forward so that it basically pushed the rear of the car into the 
>pavement in a downward motion.  So bang, thump, woosh.  Something like 
>that.  I took a photo out the rear view window using the cell phone camera 
>but, the flash only reflected back the light where the yellow blade filled 
>the entire rear view.
>
>My wife, daughter and I are unhurt, all wearing seat belts all with the 
>head bolsters properly set etc.  My daughter is complaining of head, neck 
>and back pain.  We are waiting to see if this goes away after a good 
>night's sleep.  The damage is not that bad considering the size of the 
>truck and the salt load he was carrying flowed off his rear bed and onto 
>the roof of his cab.  I looked up at the guy and saw he was upset with 
>himself so immediately went from my not so friendly stance to it's okay.  I 
>called 911and had an officer write up the report.  Truck owner showed up a 
>few minutes later and asked that I settle with him directly so he could 
>avoid the insurance claim.  Not sure this is a good idea but, he said he'd 
>pay for a complete repair and paint job done right.  Last time I worked 
>with my insurance company they did not treat me well even with the other 
>guy at fault and me with an excellent driving record.  So, I may take this 
>guy up on his offer.  A lot depends on my daughter.  I am thinking I should 
>wait and be certain she is okay.  Are they any other legal ramifications if 
>I do not submit the report to my insurance company??
>
>TIA,
>
>Dick
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