Car heavily damaged in accident - insurance woes

[Hoosierlegend]

I want to come up with estimated amount I could sell the car for prior to repairs. Heaviest damage by far is in the left front wheel area but it's more extensive than that (airbags and damage along left side car).

[boss2k]

Try to get it totaled, and get another M.

[Hoosierlegend]

Originally Posted by boss2k

Try to get it totaled, and get another M.

Definitely the goal is to total it and I believe it qualifies personally. Being resisted by insurance. Their estimates of damage are clearly way too low and they have missed multiple obvious things anyone here would notice on a first glance. Definitely not backing down. Insurance definitely seems to try to avoid car being accurately inspected and has not sent the car to BMW service for roughly 1 month to this point despite me telling them the car has to be thoroughly inspected and to do exactly that.

Seeking alternative routes to get my complete pre-accident value back and not a returned car that is going to be way less in value and difficult to sell. It's cut and dry the other person was at fault (ridiculous mistake) with a very reliable witness not at all associated with me.

[RickFLM4]

Are you dealing with the other driver's insurance company or working through your insurer who can then subrogate back to the other driver's insurer?

[dr.mba]

If the other insurance is giving you the run around I would take it to either a lawyer or to your insurance company and let them handle it. Clearly if you're not at fault and airbags deployed based on what you're saying it sounds like a total loss to me.

M

[Draper]

Originally Posted by dr.mba

If the other insurance is giving you the run around I would take it to either a lawyer or to your insurance company and let them handle it. Clearly if you're not at fault and airbags deployed based on what you're saying it sounds like a total loss to me.

M

This.

No way I'm ever driving a car that had airbags deployed.

[Hoosierlegend]

Originally Posted by dr.mba

If the other insurance is giving you the run around I would take it to either a lawyer or to your insurance company and let them handle it. Clearly if you're not at fault and airbags deployed based on what you're saying it sounds like a total loss to me.

M

I'm going through my insurance. At fault individual doesn't have insurance and likely doesn't have financial resources to pay. They were however driving a rental car. Insurance associated with the rental car company claims coverage up to only 10,000 which is per them the legal minimum.

[dr.mba]

Originally Posted by Hoosierlegend

I'm going through my insurance. At fault individual doesn't have insurance and likely doesn't have financial resources to pay. They were however driving a rental car. Insurance associated with the rental car company claims coverage up to only 10,000 which is per them the legal minimum.

That's insane! So the rental companies charge for insurance and ask you to sign a waiver should you decline only to have a 10,000 limit for their insurance?!
I am sure your insurance company will come through. You should not have to settle for less than what you are owed!

M

[M3 n X5M]

OP,

Give yourself some time to see things in a better perspective. You are very fortunate to be well and healthy. I hope no one was hurt. Don't rush to solve this problem.

I totaled my 2011 M3 at my own fault in 2012. And I was very lucky to be alive and not hurt. The next morning I went to work, and told no one about it ever. The insurance company took some days to resolve. At the time, that 70k car was worth about 14 k salvage per what the insurance company paperwork showed. They figured it all out. Next, they gave me 70k to buy myself another car. I paid off the loan (owing about 45k) and got back the rest. And then I bought another car and lived another day.

I recommend you try the same. This struggle now may not be worth it later. You may be able to squeeze 1-2 k extra if you try to help estimate the cost of the car and they total it. But not if you try to total it yourself. Now if the car is not totaled by the insurance company then you may need to see if you have gap insurance so at least you can break even after repairs and sale. And in that case let them repair it, and then sell it to a dealer.

Op, you being alive is your biggest break in all this. Don't worry about the rest. It will all work out.

[FC]

I don't know how it works in other states but in mine there is a portion for covering underinsured drivers. So this would be covered.

Uninsured or Underinsured Motorists Coverage
Provides protection in the event that damage is caused by a motorist who has no insurance or not enough insurance to cover the loss.

[Hoosierlegend]

Originally Posted by FC

I don't know how it works in other states but in mine there is a portion for covering underinsured drivers. So this would be covered.

Uninsured or Underinsured Motorists Coverage
Provides protection in the event that damage is caused by a motorist who has no insurance or not enough insurance to cover the loss.

Yes, I agree completely. It's not legitimate insurance otherwise. There also have been successful diminished value first party cases in my state. I think they probably intentionally do these things to see if people will settle low.

I also think it really shouldn't matter as car is really not repairable to previous condition and highly likely qualifies as total loss too.

[EABbGD]

Originally Posted by FC

I don't know how it works in other states but in mine there is a portion for covering underinsured drivers. So this would be covered.

Uninsured or Underinsured Motorists Coverage
Provides protection in the event that damage is caused by a motorist who has no insurance or not enough insurance to cover the loss.

So Un/Underinsured (UM) coverage is for bodily injuries, not property damage. It is effectively a 1st party coverage should you be injured by another driver who lacks sufficient coverage. OP's own comprehensive/collision coverage would cover any property damage regardless of fault should he not want to pursue or deal with trying to pursue a 3rd party claim against the at-fault driver. Op's carrier would then likely attempt to recover what they paid (subrogate) from the at-fault driver or rental company and something tells be they had more than $10k in assets/funds if they are a national chain.

Originally Posted by Hoosierlegend

Definitely the goal to total it and I believe it qualifies personally. Being resisted by insurance. Their estimates of damage are clearly way too low and they have missed multiple obvious things anyone here would notice on a first glance. Definitely not backing down. Insurance definitely seems to try to avoid car being accurately inspected and has not sent the car to BMW service for roughly 1 month to this point despite me telling them the car has to be thoroughly inspected and to do exactly that.

Seeking alternative routes to get my complete pre-accident value back and not a returned car that is going to be way less in value and difficult to sell. It's cut and dry the other person was at fault (ridiculous mistake) with a very reliable witness not at all associated with me.

Originally Posted by Hoosierlegend

Yes, I agree completely. It's not legitimate insurance otherwise. There also have been successful diminished value first party cases in my state. I think they probably intentionally do these things to see if people will settle low.

I also think it really shouldn't matter as car is really not repairable to previous condition and highly likely qualifies as total loss too.

Not sure what state you are in but in many states 1st party insurers do not owe diminished value (FL for example).

OP you mentioned that the rental car company is saying they only have $10k in coverage. Not true. If the at-fault was a rental car and the driver individually does not have their own coverage the rental car company is still responsible. Say for instance you lent your car to an uninsured buddy and they caused an accident. You are responsible. Same principle applies to the rental company.

[brian30tw]

For what it's worth, my parents just won a large diminished value claim from a major insurance company in Arizona after my dad's 5er suffered frame damage in a rear end collision but was not totaled. I'd look into it at least if I were you.

[skyline408]

Who is your insurance carrier?

Do you have pics of the damage?

The % of damage needed to total a car is spelled out in your insurance documents, you should check that..