BOO HOO, my '04 ZHP is DEAD! - BMW Forum - BimmerWerkz.com
3-Series (E46, E90) Chat relating to the BMW 3-Series from 1999 to Current. Models include: BMW 316i, BMW 318i, BMW 318Ci, BMW 320i, BMW 323i, BMW 325i, BMW 330i, BMW 328 Ci, BMW 328i, BMW 325i/xi, BMW 330Ci, BMW 320d, BMW 330d, BMW 335d.

 
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#1 (permalink) Old 08-30-2004, 05:28 PM
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My beloved ZHP is sitting in a heap in the body shop parking lot at SF BMW now because some schmuck in a big pick-up truck rear-ended me!
Thankfully, all I have is whiplash, but I do want to point out that, although the rear-end of my car is totally demolished, the passenger cabin was virtually untouched (with the exception of rear-window glass all over) by the impact. Impressive engineering may have saved my life.

SO, damage could range from $15k to the car being totaled. Does anyone know whether I can recover the diminution in value of the car from the other guy's insurance company?
What I mean is, even if they fix my car, won't this major crash show up on Carfax? And it shows up on Carfax, I'll have one hell of a time selling the car privately. Can I recover for this?

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#2 (permalink) Old 08-31-2004, 11:04 AM
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I think it is dependant on what state you are in and how that states law reads. My in-laws tried to recover the diminished value on their leased Honda when my mother-in-law got hit by a city bus, but they got nothing. The insurance company stated that in Colorado you would have to sue (Civil suit) to recover damages from the person. They chose not to go that far.
Ben

"It's not because I'm an aggressive driver, it's because I'm an idiot" actual quote from my wife.
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#3 (permalink) Old 08-31-2004, 12:51 PM
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Quote:
Originally posted by Mach 5@Aug 31 2004, 11:44 AM
I think it is dependant on what state you are in and how that states law reads. My in-laws tried to recover the diminished value on their leased Honda when my mother-in-law got hit by a city bus, but they got nothing. The insurance company stated that in Colorado you would have to sue (Civil suit) to recover damages from the person. They chose not to go that far.
Ben
Thanks for the info, Ben.

I still haven't heard from my insurance adjuster as to whether they will repair or total the damn thing. Either way I will get screwed, I think, b/c the car's only 10 months old.

Anyone know how to push the insurer to total out a car?
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#4 (permalink) Old 08-31-2004, 03:30 PM
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Getting hit is the worst, cause you don't have a chance to avoid it.
I have been hit twice in the last month!
Once waiting for at an intersection for the light to change, and once in a parking spot just as I got in my car.
Luckily for me just very minor paint scuffs.
Do you have a pic?
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#5 (permalink) Old 08-31-2004, 03:36 PM
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If the car is totalled then they should give you the FMV...most likely a few grand less than what you paid. If not, good luck on the diminished value. My fathers Boxster came within literally an inch of being totalled, was in the shop for 7 months, and all he got was $1000 for his loss.

<span style='color:gray'><span style='font-family:Courier'>1995 e36 3 Series RIP
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#6 (permalink) Old 08-31-2004, 05:11 PM
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Quote:
Originally posted by 2001BMW330iRob@Aug 31 2004, 04:10 PM
Getting hit is the worst, cause you don't have a chance to avoid it.
I have been hit twice in the last month!
Once waiting for at an intersection for the light to change, and once in a parking spot just as I got in my car.
Luckily for me just very minor paint scuffs.
Do you have a pic?
I was thinking about going there on my way home from work to snap a pic with my camera phone. If I get one I will post it for sure!

But for the record, I was rear-ended while sitting a red light. And if that other guy's dad's experience about waiting 7 damn months happens to me, I will be supremely pissed off. That's just totally unacceptable!
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#7 (permalink) Old 08-31-2004, 05:23 PM
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My dad's XK8 was totaled 7 months ago when it was about 5 months old! He got $7000 less than the cars value! He decided it wasn't worth fighting. The good news is he replaced it with an XKR!

Dave G.
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OO=[][]=OO
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#8 (permalink) Old 08-31-2004, 07:07 PM
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Ooh...I know the kid whos family owns BMW of San Francisco. Sorry to hear about your car. Hopefully it works out for the best
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#9 (permalink) Old 08-31-2004, 09:47 PM
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Quote:
Originally posted by kassper@Aug 31 2004, 07:47 PM
Ooh...I know the kid whos family owns BMW of San Francisco. Sorry to hear about your car. Hopefully it works out for the best
Thanks!
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