DOJDreams
Contributor
On January 21, 2018 I was hit by a drunk driver for the second time in less than 90 days. Neither accident was my fault and both times my deductible was waived. USAA was required by law to declare the car a total loss. However, since February 15, 2018 I have been driving a vehicle that is legally not supposed to be a vehicle due to the cost of repairs being 125% of the actual cash value.  Pursuant to applicable law,  MICHIGAN VEHICLE CODE (EXCERPT) Act 300 of 194, the vehicle is a total loss and should not have been repaired by USAA. Therefore, it is a violation of Michigan law for the vehicle to be in operation on the road. Per the Secretary of State A scrap title is issued to a vehicle that has one or more major component parts (such as bumpers, fenders, transmission, engine, hood, doors, frame, tailgate, body, etc.) that have been wrecked, destroyed, damaged, stolen, or missing to the extent that the total estimated cost of repair (parts and labor) for the vehicle is 91% or more of its pre-damaged value. I am extremely surprised and APPALLED that USAA would not have offered a rental vehicle during this interim period knowing that my operation of this vehicle is a violation of law in all 50 states.
 
Immediately, I brought this to the attention of the vehicle owner, Daimler/Mercedes Benz Financial Services and USAA. I notified USAA that all communications regarding claims involving my vehicle should be discussed with the owner, Mercedes Benz Financial Services because in accordance with my lease agreement they are my attorney-in-fact. On March 6th a representative from Mercedes Benz Financial contacted USAA'S total loss department to provide payoff information. Unfortunately,  USAA said that my vehicle has not been declared a total loss despite the cost of repairs being 125% of the Actual Cash Value of the vehicle. USAA's Total Loss Department would not take any of the payoff information or even the contact information for the representative from Mercedes Benz Financial.
 
As it stands the vehicle is worthless and as mentioned above pursuant to Michigan law should not have been repaired. The car definitely should not be in operation on the road. Mercedes Benz cannot resell the vehicle nor can I finance it for purchase because the vehicle is a total loss pursuant to applicable state law must be used for parts. Neither Mercedes Benz or I agree to accept a scrap title vehicle nor have we at anytime agreed to accept a scrap titled vehicle. 
 
On Tuesday March 6, 2018 at 7:05PM EST I received a call from Norma Ramirez in the Customer Advocacy Department wherein which I reiterated that the vehicle is a total loss and should not be in operation. Ms. Ramirez instead attempted to have my vehicle inspected by a state vehicle inspector so that it could be retitled as a salvage rebuild. 
 
As mentioned above, to date, the cost of repairs is 125% more than the ACV of the car meaning it should ONLY be scrap titled and auctioned for parts, not fraudulently re-titled and placed back in operation. I certainly should not be driving it! On October 4, 2017 the vehicle was hit by a drunk driver while legally parked overnight and should have been salvaged because the cost of repairs were 82% of the ACV of the vehicle. However, USAA paid $11,000 to repair the vehicle and gave it back to me knowing it had no value.
 
Last Thursday March 22, 2018 at approximately, 8:30PM EST I notified Ms. Ramirez on her voicemail that ALL discussions regarding the 2015 Mercedes Benz should be with Mercedes Benz Financial Services. Specifically, I stated that my lease agreement appoints MBFS as my attorney-in-fact; therefore, all communication regarding the vehicle should be directed Mercedes Benz Financial Services. 
 
In response to my notification last Thursday, Ms. Ramirez called my mother this evening at approximately 7:00PM EST an hour and a half after her business hours and left a long voicemail disclosing confidential information regarding the claim.  My mother is not the lessee of the 2015 Mercedes Benz at issue she is not a co-lessee nor was she involved in the January 21, 2018 accident.  Her actions not only violate my lease agreement but appear to be an intentional attempt to breach the attorney client privilege relationship between myself and MBFS by including a third party. This is the EPITOMY OF UNDERHANDED AND SEAMY! 
 
In response to Ms. Ramirez's voicemail I contacted her at 7:27PM EST and left her a voicemail notifying her that her voicemail was highly inappropriate, reminding her all communication should be directed to MBFS and again providing her with their direct contact information which is where ALL conversations regarding claims involving the 2015 Mercedes Benz should be directed pursuant to my lease agreement.
 
At best this behavior is highly unethical. However, it appears to be an attempt to place a dangerous vehicle back into the stream of commerce by frauduently washing the title when legally it should be scrap titled and auctioned for parts. It appears by the deplorable manner in which USAA has handled this matter, the underhanded dirty tricks USAA has employed, and illegal tactics that they are attempting to resell this TOTALED vehicle to one of the service members they allegedly respect so much! 
 
 Our military members sacrifice too much to be treated this poorly.  Please note that I will hold USAA directly responsible for any damages I incur as it pertains to the extremely poor manner in which claims involving the 2015 Mercedes Benz CLA250 have been handled.  
 
I am so disappointed with USAA and how this has been handled. My father died for this country and the lack of respect that has been shown to his family is absolutely appalling. I am beginning to wonder if this is USAA's standard operating procedure with military families, underhanded tricks and games that harm customers. I plan to research how many other military families have been treated like this especially families who have loved ones in active duty.
 
I cannot impress upon you enough how serious a problem it is to be operating a vehicle that is illegal in all 50 states,  how much financial damage and stress USAA has caused by failing to make me whole. 
 
I have attached photos of my car and photos of comparable cars that are from the same model year and newer with less mileage SAME DAMAGE that were PROPERLY DECLARED A TOTAL LOSS.IMG_3925.JPGIMG_3928-2.jpegSalvage Mercedes-benz Cla Cars for Sale And Auction _ WDDSJ4EB9GN358899.jpg2015 Mercedes-Benz CLA 250 for Sale from Copart Lot #[removed sensitive data].jpg