I'm glad you got an attorney. Hope he/she is a very good tort attorney. Through your attorney, attempt to negotiate whatever settlement that you think is fair. In my mind, simply repairing the vehicle isn't adequate. The structural integrity of the vehicle has been permanently compromised. Trade-in value will be significantly lower (at least $5000, maybe double that).
Here are 3 reasonable options:
1. They repair your vehicle PLUS cut you a check for $5000 to compensate you for diminished value
2. They purchase the car at full retail value (not wholesale or trade-in value), plus a small cash payment for your trouble
3. They pay you trade-in value for your car on a trade for a new M3, with a big discount off MSRP (minimum $3000 discount)
Good luck with this, and keep us posted. Man, I would be pissed if it happened to me.
2014 X5 sDrive 35i: xLine, imperial blue, mocha Nappa, premium pkg, 20" wheels, multi-contour seats, Harman Kardon, rear camera, dynamic dampers.
2011 BMW 528i: black sapphire, black Dakota, premium pkg, Nav, Sirius, PDC, rear camera, iPod/USB adapter, heated front seats. Sold 2014.
2005 X5 4.4i: Kalahari beige, truffle brown Dakota, premium pkg, sport pkg, 19" wheels, rear climate pkg. Sold 2011.
2004 M3: silver-gray, 6-spd manual, slick roof, cinnamon Nappa, alum trim. Sold 2005.