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BMW Diesel Owners / Enthusiasts
Do you own a diesel powered BMW? Maybe a 335d or a BMW x35d? Come and talk about what makes your car great!

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  #1  
Old 02-12-2012, 05:37 PM
cars+ cars+ is offline
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Location: Tustin, CA
 
Join Date: Jan 2011
Posts: 8
Mein Auto: 335d, vw jetta wagon tdi
335d wrecked, advice wanted

Hello folks, longtime lurker 1st time poster in this forum. Cellphone distracted Camry driver going ~45mph runs red light and strikes my 335d with one daughter driving another a passenger, airbags spared them serious harm, +1 BMW safety engineering. Pics attached.

Car is BMWFS leased 24mos/15k/7MSDs ending 4/2013 Euro delivery PCD redelivery. Upgraded tires & brakes. I've had more fun with this car than any I have ever owned -- I had just finished registering for a track day at Willow Springs when the call came for the accident!

Assuming the car is ruined what advice do you have for dealing with BMWFS and my insurer (AAA of Calif)? Too early to be sure but there may be ongoing medical issues. Can anyone PM me a reference for legal help in Orange County CA?
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  #2  
Old 02-12-2012, 08:15 PM
DnA Diesel DnA Diesel is offline
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Location: Kingston, Ontario, Canada
 
Join Date: Jul 2010
Posts: 625
Mein Auto: GLK250BT, 335d, Jetta TDI
Cars+, don't know any legal recommendations, but I sure am wishing your daughters a quick and full recovery! Good thing the hit was as far forward as it was, but good as well to see the airbag cocoon protecting your daughters did its job. My thoughts are with your girls.

Regards
D.
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2014 GLK250 BlueTec - Tenorite Grey, Dark Ash on Black
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  #3  
Old 02-13-2012, 05:37 AM
Savheagle Savheagle is offline
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Location: statesboro, ga.
 
Join Date: Jul 2011
Posts: 16
Mein Auto: 2011 335d and 2011 X5d
I am not from Calif. However, the driver of Camry, and not your insurer, should handle the BI and PD to your passengers and car. Hopefully, you have gap ins. on your car thru AAA or BMWFS. if not, make the "gap" part of your PD negotiation with tort feaser's insurance company, assuming you have police report and other driver was cited and not your daughter. If California allows diminished value claims on newer car PD settlements, I would find out what BMWFS expects before settling. They are an additional insured on your policy and have a right to look at car before a Physical Damage claim settlement with your carrier but you will want them involved (with sign off) before a PD settlement with wrongdoer's insurance company so they can't come back against you. If you are worried about ongoing medical for your daughter, make sure not to sign any medical releases and make sure when you get car fixed to your satisfaction or settle on a total loss that they don't "slide in" a medical release too when signing the PD release. Releases can sometimes be written on back of check so read them as well to make sure you are not releasing them from future claims. The insurer will settle separately with the passenger (unless she sues you or your daughter, in which case she will also settle with your insurer, AAA.)
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  #4  
Old 02-15-2012, 04:00 PM
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Pat_X5 Pat_X5 is offline
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Location: San Gabriel Valley - So Cal
 
Join Date: Aug 2008
Posts: 1,460
Mein Auto: '13 Diesel X5 & MBZ R350
Cars+: You may not need legal representation unless their insurance company is giving you grief. And then you can always go to your insurance company to pressure them. Your insurance company has legal authority and can help you.

But as Savheagle stated not to sign off on anything related to Bodily Injury, I would have an accident / injury attorney to review any settlement paperwork before signing.

Keep us posted!
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  #5  
Old 02-19-2012, 11:50 AM
allseasons allseasons is offline
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Location: Connecticut
 
Join Date: Feb 2012
Posts: 5
Mein Auto: 328xi
I agree with looking at the diminished value aspect of this as well. These aren't in expensive cars, and with damage like that, you could be looking at a large loss in value, ie diminished value. If CA recognizes DV, then consider pursuing a claim against the insurance company. I am pursuing a DV claim in Connecticut. Info I've used: http://matthewforrestlaw.com/diminished-value/
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  #6  
Old 02-21-2012, 02:14 PM
cars+ cars+ is offline
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Location: Tustin, CA
 
Join Date: Jan 2011
Posts: 8
Mein Auto: 335d, vw jetta wagon tdi
Thanks everyone for the advice & good wishes. Daughters are fine, car was totaled, insurance & lease payoffs resolved more easily and profitably than expected, I'm in another 335d already, this one with m-sport package and what a difference that makes!
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  #7  
Old 02-21-2012, 03:07 PM
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Pat_X5 Pat_X5 is offline
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Location: San Gabriel Valley - So Cal
 
Join Date: Aug 2008
Posts: 1,460
Mein Auto: '13 Diesel X5 & MBZ R350
Glad to hear you are sticking with the d again.
Post some photos of your new ride!
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