I need help/advice from people who know more about bmw's than i do... Please!!!

Ok so about a month ago I was driving my 2012 328i and some guy rear ended me. His car was totalled but mine seemed like the only damage was to the rear and from bumpers, and one of the front headlights (my car grazed a wall and hit the curb after getting hit). But according to the BMW where mine is at, there was also damage to the suspension, the trunk, and the front tires were crooked. My insurance found the guy that hit me liable, and so did his insurance, BUT the problem is that neither want to pay for what BMW is asking for to fix it!!! BMW's estimate is about $25,000 and I don't know if it is reasonable or not. My buddy who know's a decent amount about cars said that is reasonable since all the parts are OEM parts, thus they will be more expensive, and adding the labor and paint job he said it was about right... But the insurance companies say that BMW is asking for too much, and BMW is saying the insurance companies are being unreasonable as well.

So what do you guys think? Any help would be greatly appreciated!!!!! I am really frustrated at how my situation is being handled and just want to get a better grasp of the situation since I don't know if the insurance companies are trying to screw me over or if BMW is trying to screw the insurance companies over

I want to ask what insurance company do you have that the are even questioning a repair cost?
Let me know so I can switch if I or any family member has them. I hate the fact that you can dump so much money annually to be covered only for them to ask questions when lightning strikes. They KNOW the car they are insuring.
They know the premiums. Your insurance company should not be fighting you or BMW, they should be fighting each other. What BMW says isn't what necessarily goes, but it takes a lot to repair and get it right and these companies KNOW that, that's why you pay higher premiums for higher end cars.

If both insurance companies agree that the other driver is at fault, then your insurance company should be paying for the damage and going after the other insurance company to be reimbursed. Their job is not to tell you that BMW wants too much to fix it, they're job is to get your car fixed.

In California you have the right to take your BMW to the repair shop of your choice. I highly recommend Phil Thearle's Autowerkes, 8809 Mission Gorge Road, Santee, CA 92071, 619-449-0111

I have Safeco insurance.... After this whole ordeal I'm pretty sure my dad realizes choosing them was a mistake and will probably want to switch back to AAA.
The guy that hit me has Allstate, and I always hear good things from allstate, and according to both insurance's, he is 100% liable so i think it is reasonable to assume that his insurance should pay for the damages on my car.

Originally Posted by SD Z4MR

If both insurance companies agree that the other driver is at fault, then your insurance company should be paying for the damage and going after the other insurance company to be reimbursed. Their job is not to tell you that BMW wants too much to fix it, they're job is to get your car fixed.

In California you have the right to take your BMW to the repair shop of your choice. I highly recommend Phil Thearle's Autowerkes, 8809 Mission Gorge Road, Santee, CA 92071, 619-449-0111

Yes, thats exactly what the guy at BMW has told me. So what do I do now? Neither insurance company is cooperating. Would it be possible to move it to another shop since its disassembled now? and would it receive the same service that it would get at any BMW shop?

Originally Posted by SD Z4MR

If both insurance companies agree that the other driver is at fault, then your insurance company should be paying for the damage and going after the other insurance company to be reimbursed. Their job is not to tell you that BMW wants too much to fix it, they're job is to get your car fixed.

Exactly. I believe the technical term is called "subrogration" - your insurance co should fix your car (at the facility of your choice) and seek to be reimbursed from the other insurance co via subrogation.

Originally Posted by Fipo580

Yes, thats exactly what the guy at BMW has told me. So what do I do now? Neither insurance company is cooperating. Would it be possible to move it to another shop since its disassembled now? and would it receive the same service that it would get at any BMW shop?

Not all car dealers have their own collision shop. Some in San Diego do, some don't. Those that don't farm the car out to other body shops. Where is your car now? The fact that your car is already disassembled may be a problem.

I would suggest browsing the information available on this page from the California Department of Insurance, particularly the Auto Body Repair Consumer Bill of Rights:

http://www.insurance.ca.gov/0100-con...10-automobile/

The fact that your car is a 2012 means that your car should be "made right" or your insurance company should total the car and reimburse the cost of your car minus a reasonable amount for mileage and use.

Originally Posted by SD Z4MR

Not all car dealers have their own collision shop. Some in San Diego do, some don't. Those that don't farm the car out to other body shops. Where is your car now? The fact that your car is already disassembled may be a problem.

I would suggest browsing the information available on this page from the California Department of Insurance, particularly the Auto Body Repair Consumer Bill of Rights:

http://www.insurance.ca.gov/0100-con...10-automobile/

The fact that your car is a 2012 means that your car should be "made right" or your insurance company should total the car and reimburse the cost of your car minus a reasonable amount for mileage and use.

It's in the BMW at Escondido since thats the one that was referred to me by the guy who sold us the car. In all honesty I haven't heard great things about them but they seem to be the only ones trying to help me out (probably because they just want the money that they'll get to fix the car)

Would you happen to know anything about the price of new parts or how I would go about getting that information?

Originally Posted by 1985mb

Exactly. I believe the technical term is called "subrogration" - your insurance co should fix your car (at the facility of your choice) and seek to be reimbursed from the other insurance co via subrogation.

Yeah that's what happens if I go through the repairs with my insurance company but the problem is that they are not agreeing with the estimate BMW has given them.

get a lawyer. Sounds like both insurance companies are being jerk. You might want to do a complete physical check up as well. Sometime you don't feel anything right after the accident, but the pains might start after awhile. Just like you don't see that much damage to your car, but things deeper inside are broken.

I think the lawyer charges maybe 30% compensation from your injuries/medical that you've suffered. They don't get the $ from your car. So, 25k is your to fix your car. Spend however you want to.

I got in a car accident a few yrs ago. My car was totaled and my lawyer made the insurance company pay for the retail/dealer price + tax on top of that. He said to the insurance company, "if you don't pay what I asked for it will cost you much more when we go to trial." He was good. The insurance paid for whatever he asked.

You should have gotten approval from your insurance company before letting shop start on your car. Since its too late, I would ask All State or Safeco to call your dealer and work out a labor rate. Since your car is so new, there should be no question that OEM parts should be used. Also, I would insist on having the dealer repair the mechanical issues.

It's my opinion since we're paying BMW rates they should pay BMW prices. If they feel the BMW service facilities prices are too high with respect to comparable service facilities then they need to demonstrate as much. If they cannot then they should pay, no questions asked.

If they fail to do so then I'm with sqa4life in recommending speaking with a lawyer.

Sorry to hear of this experience, Fipo. $25,000 is substantial damage, especially on new car. I agree with the advice above, keep pressing to get it fixed and fixed properly, without compromise. Good luck to you.

Originally Posted by Fipo580

Yes, thats exactly what the guy at BMW has told me. So what do I do now? Neither insurance company is cooperating. Would it be possible to move it to another shop since its disassembled now? and would it receive the same service that it would get at any BMW shop?

I had 26000 dollars in front end damage in August of 2011. My dealership has a certified BMW repair center on site and at the time my car had 9000 miles on it. They replaced everything including the two front frame rails and the car was fixed perfect. I now have 39000 miles on her and have had zero issues. The original tires are still on the car and wearing perfectly. I doubt that any other repair shop would have completed this repair to OEM specs like a certified shop. They even sent me weekly update photos as they rebuilt my car. They are a lot of sub par shops out there that will claim they will fix your car cheaper, but don't give in to the insurance company's BS.

they havent even started working on the car yet though, its been 6 weeks!!!! and now if we take it out of the shop and take it to another then im still gonna get some ridiculous storage fee's slapped onto me. this is terrible, but i think i am going to get a lawyer now, this has gone on far too long

Originally Posted by Fipo580

they havent even started working on the car yet though, its been 6 weeks!!!! and now if we take it out of the shop and take it to another then im still gonna get some ridiculous storage fee's slapped onto me. this is terrible, but i think i am going to get a lawyer now, this has gone on far too long

Usually you must make clear that you have looked up "Tort," know what it means, and have a specialist in that area ready t'whomp one on 'em.

Generally, they respond to your insurance company, who must pay if they don't!

There is provision for arbitration, which may be what they're waiting for as it was the end of the year and their arbitration funds may not have been used up.

Good luck! Any fees you incur as a result of waiting, whatever, the guy who ran into you is liable for. His insurance company covers his liability to the limit of his insurance.

What insurance did you say he has?

Would like to avoid those "businessmen,"

Frankly your insurance carrier is not really at issue here since the other driver's carrier is paying the damage. There was a suggestion to hire an attorney, which I would do ASAP. Usually I am totally against that solution, but in this instance getting a lawyer is sound advice.

In addition you should consider joining the BMW CCA as many of the San Diego Chapter members will be able to be very helpful here.

In the interim I would contact another local body shop and have them send an estimator over to BMW Escondido. Have that person write-up a repair estimate and give it to you only. If it is significantly similar then you have a stronger argument with the offending driver's carrier. If not, then maybe consider having the car fixed elsewhere. Note that some body shops are certified by BMW, and you should only have your car repaired at one of those shops. Contact BMW NA Customer Assistance and they should be able to give you a list of those facilities. One I know of for sure is Spectrum Collision in Irvine. That may be really far away but their work is impeccable and it may be worth the hour drive.

Good luck getting this resolved!