Glad you weren't hurt. I have a 2 month old X3 and would be extremely bummed if that happened to me, I feel your pain. I was rear ended in my old (2009) X3 last year and it was repaired to perfection by my local BMW dealer. The damage not as bad as yours but they did a great job.
I also got T-boned while in a new Toyota 3 years ago. the car was very close to totaled but the insurance company wouldn't move on extra 2 grand to completely total it. It took 2 months to repair and was never the same. I don't know what the NY laws are but in my state if its the other guys fault you can (or have your ins) go thru the other guys insurance company. I also found pretty early on that insurance companies are scared to death of lawyers and doctors.