Bimmer Tire Rub help!!!!!!!!!

I have a 2006 BMW 325i with 235/40 18's all around and 25mm spacers on the back to add a staggered look and fill out the wheel well. I was a victim of a freak flying trire incident where my back quarter on the right side was struck. it has been replaced. When driving home I hit a dip in the road and BAM the right fender struck the right rear tire. I took it back and since then they took it to BMW who of course blamed the spacers and the non stock tires which are less than the 255/35 option they themselves sell. But said well we don't know try the shock and spring. They took it elsewhere to a place that most often knows everything there is to know as I listen to them on the radio every Saturday and they said to also replace the shock and spring which they did. Same rub on the tire however.

So after much frustration I said to yank the spacers and of course it does not rub. I put them back on yesterday and marked the fender to see where it rubs and it does bottom out onto the front lip of the fender at about 2PM if you were looking at the rear tire. I hate the look without the spacers but it really does hit the entire fender lip not just part of it. So I am toying with using 15mm spacers which I think will clear it. The suspension is stock. ANY IDEAS?????