[ROASTM]

Originally Posted by gopropham

After speaking to several friends, advisors, etc., I'm leaning more towards filing a claim with the dealership's insurance company. Quite frankly, I just don't trust this dealership to follow through with making this right. Unfortunately, this will now most likely show up on the vehicle's history, but I think the truth is owed to the next potential owner. I was planning on keeping the car for a long time, but who knows, that could change. This is my first M car, and it has exceeded all of my expectations. It's hard to know that there could be something better than what I have currently (for its value, that is). But this incident, however, has caused me to re-think that mentality.

Initially, I was thinking of having the dealership complete repairs + provide some form of compensation to offset the diminished value, inconvenience, etc. (via upgraded wheels, etc.) and not have it reported, but I'm not sure if I want to go that route.

I did speak to a friend of mine (who happens to be a claims adjuster), and he recommended that I file a claim with the dealership's insurance. I do have comprehensive coverage, but he stated that if I'm trying to get everything repaired + compensated for diminished value, I should file a claim through their insurance and not mine, and it should be a general liability claim (not the typical auto claim). If I filed through my own insurance, he stated it would be much tougher to get additional compensation for my time, inconvenience, diminished value, etc. since my insurance is not incentivized to go beyond repairing the vehicle to what it once was.

I'm fairly unfamiliar with the process of working with another insurance company, since I've always gone through mine - I've never had an accident with another vehicle, only time I've filed an auto claim with my own insurance was for previously owned cars: 1) homeless person vandalized my car and 2) hit and run on my car (minor front bumper damage).

As of today, the dealership informed me that the car was picked up and towed to the certified collision center (though, my BMW app says it's still at the same dealership.. not sure if it only updates if the car is turned on). I tried calling the collision center but didn't get a response, and they are now closed for the evening. Will follow back up with them first thing in the morning tomorrow. Before the collision center can do any adjustments, estimates, etc., they need a decision from me on how I want to move forward (filing a claim or having the dealership foot the bill directly).

I could absolutely be wrong... but doesn't the car update it's location in real time when you open the BMW Connected/My BMW app?

[Rk-d]

Originally Posted by gopropham

Update: I reached out to the dealership with stipulations on how they could make this whole (e.g. - in addition to the repairs to make the vehicle whole again, upgrade of wheels, replacement of all tires, cash compensation etc.), and they said they could do everything but the cash compensation and the upgrade of the wheels/tires.. so pretty much they just want to repair the car to how it was.

Also, I received the estimate and it looks like slightly less than what the gentlemen said on the phone. ~11k. The number is fluctuating because of some back and forth between what the repair center is saying for some parts vs. what the dealership is saying. I've anticipated that this would happen. The selected collision repair center is not in the same automotive group as the dealership that caused the accident, so I firmly believe there is no conflict of interest.

Welp, I'm just going to file a claim and will then follow through with legal action once repairs are complete.

If I had to guess, I'd have said the total would be $10k

Don't settle for less.

[okla_m2c]

Originally Posted by ROASTM

I could absolutely be wrong... but doesn't the car update it's location in real time when you open the BMW Connected/My BMW app?

I thought so too. But when the battery's completely dead, it doesn't look like that's the case. If it showed the location of the dealership within my app when the collision center informed me they received the vehicle at a different location, that tells me it died while in the care of the dealership. I know this isn't that big of a deal, but case in point, just goes to show the lack of attention this dealership has and bolsters my viewpoint of negligence on their part.

[BigKutta]

Imho, take the deal to get your car fixed to what it was and move on. Taking legal action is not going to net you much. Luckily your damage was cosmetic and there shouldn't be any issues to your car once fixed up

[j0oftheworld]

Bummer man!
Make sure they pull the aluminum control/link arms and verify they weren't bent. I would inspect the alignment marks side-to-side to ensure something isn't way out of whack. They should be relatively equal.

[silvercas]

They only have to fix the car to it's pre accident. condition. You can ask for upgrades for inconvenience. I would seek getting the car repaired, plus loaner and diminished value. Diminished value should be in the thousands.

[Kleinacus]

Originally Posted by ROASTM

I could absolutely be wrong... but doesn't the car update it's location in real time when you open the BMW Connected/My BMW app?

Negative. The updated from vehicle date/time stamp and all the Metadata it pulls is from the last time you car was on. It is for this reason that i dropped an airtag in it.

[MrOhnoez]

I'd honestly would have a broken heart if that happened to me.

[PHX102]

Originally Posted by BigKutta

Imho, take the deal to get your car fixed to what it was and move on. Taking legal action is not going to net you much. Luckily your damage was cosmetic and there shouldn't be any issues to your car once fixed up

Totally agree, get it fixed correctly and try to move on in life. The inconvenience is just the shit sandwich life severs up from time to time… OPs turn to take a bite.

I can empathize though. We just had someone side swipe our family car, and lie about being at fault, amongst other past incidence.

[okla_m2c]

Understood where everyone's coming from. But quite honestly and at this point, it's more about the principle than the money.

I get it, I'm lucky enough to be blessed with a good life, a good job, and a good car. But the fact that a dealership is this negligence to their customers, it's absolutely unacceptable. It's just not right.

Play stupid games, win stupid prizes.. I've spoken to multiple people from the forums and several other folks from my local BMW CCA chapter, and they've had similar stories with the EXACT SAME dealership. I'm sorry, but I just can't accept the repairs and move on. If no one speaks up or does anything, who else will?

Priority right now is to repair the car, then I will determine what we can do to make this right.

[MooMooM2]

I 100% agree with you and I think we are all on your side 100%. The problem is that I don't think you will win and probably why this dealership keeps doing this crap and with little consequence. I admire the fight though and hope for a good outcome

[akkando]

Originally Posted by MooMooM2

I 100% agree with you and I think we are all on your side 100%. The problem is that I don't think you will win and probably why this dealership keeps doing this crap and with little consequence. I admire the fight though and hope for a good outcome

If he gets the press on his side the dealership will suddenly claim it was all a big missunderstanding.

[M2Cmtl]

Basically the same thing that happened to my car, but at my fault I think they just went over a curb or something. total was just under 10k up in Canada. Replacing the bumper shouldn't really affect the value. One note is that I would ask for new wheels. I had one replaced and the other refinished and I'm just not happy with the result. Check all the suspension bits. I had to replace control arms, wheels bearings...

[ROASTM]

Originally Posted by Kleinacus

Negative. The updated from vehicle date/time stamp and all the Metadata it pulls is from the last time you car was on. It is for this reason that i dropped an airtag in it.

Good call - just tried it myself and appears you are correct. Also going to buy an AirTag to put in there as well for when it's at the dealership

[stefan]

Originally Posted by Rk-d

Sounds a little on the high side, but I would have guessed $10k, so it’s not far off. I wonder if insurance will fight it and try to get you to go to some broke down shop. Might need to lawyer up.

I disagree. I looked at the damage and immediately guessed 10 to 15k. You'd be amazed what it costs to fix things correctly. That's why you ALWAYS engage insurance immediately and ensure your car goes to the best shop in town. I was rear ended in my e92 m3 and I'm glad I took the offender to the cleaners. You want it repaired perfectly, not good but perfect. That costs money particularly when you want to match paint right down to the amount of orange peel.

My buyer at the time of sale didn't have concerns. It was extremely well documented (another benefit to going to a high quality collision centre) with tons of photos. People are less concerned about matching vins than they are about a properly repaired car with OEM parts and seamlessly matched panel finishes.

[okla_m2c]

Update: Collision center is moving forward with ordering parts and will begin main repairs. Speaking to the insurance claim company, they're not willing to replace all four tires, only two of the damaged ones on the passenger side. Should I just go ahead and pay out of pocket to replace the driver's side as well? I can perhaps keep the tires, sell them, or use them for track days (there is still ~6/32 and 9/32 tread depth left).

[Brandt51]

Originally Posted by gopropham

Update: Collision center is moving forward with ordering parts and will begin main repairs. Speaking to the insurance claim company, they're not willing to replace all four tires, only two of the damaged ones on the passenger side. Should I just go ahead and pay out of pocket to replace the driver's side as well? I can perhaps keep the tires, sell them, or use them for track days (there is still ~6/32 and 9/32 tread depth left).

I'd replace the tires and hold on the originals as spares if you pick up a nail or something.

[Maynard]

I thought it was common knowledge/established fact that if you mismatch diameters of tires on the driven axle it will produce ongoing wear for the differential (with a LSD, as in the M2c). I was told this applies to all-4 for an x-drive, since it owuld also wear on the center diff/xfer case. Should be able to get documentation of this from dealership or Tire Rack (both were quite definitive w/ me about this w/ past cars; I realize it's self serving to sell more tires, but should back your claim). Best bet would be replace both rears at once, even if out of pocket.

[okla_m2c]

Originally Posted by Maynard

I thought it was common knowledge/established fact that if you mismatch diameters of tires on the driven axle it will produce ongoing wear for the differential (with a LSD, as in the M2c). I was told this applies to all-4 for an x-drive, since it owuld also wear on the center diff/xfer case. Should be able to get documentation of this from dealership or Tire Rack (both were quite definitive w/ me about this w/ past cars; I realize it's self serving to sell more tires, but should back your claim). Best bet would be replace both rears at once, even if out of pocket.

I tried to fight this, but the insurance claim is pushing back. I provided the tire manufacturer's warranty guide and recommendations, but they're not budging. I've asked the repair center to go ahead and replace the other two tires on the driver's side, and I will pay out of pocket for this. I'm adding this to my list of 'recoup' things to go after via legal action once I get my car back.

Tire Manufacturer's Guide:
https://www.shopbmwusa.com/PDF/BMW_2...ide_032521.pdf

[Yak]

Sorry to hear your story. Might be an opp to try a new tire.

[DadVibes]

Originally Posted by Yak

Sorry to hear your story. Might be an opp to try a new tire.

The insurance company won't even replace all 4, like they should. No chance they are going to agree to replace with completely different tires.

Good luck OP, I'll continue to follow along. In the end, your car will be repaired and you'll be able to put the incident behind you. But I wholeheartedly back your gumption on making the dealer do the right thing. It will be interesting to see what the outcome is. I'm pulling for you!

[RyanBMW]

Ouch! Sorry to hear that OP..!! The story from the dealership sounds BS. The M2C is not a fast car, BUT it's fast for its size. The rear breaks lose so easily even in comfort mode. I go sideways all the time with just a little gas after a turn. I'm sure the tech lost control while test driving the car, and joyride was a factor. Get what you can out of the claim. Good luck!