Welcome to Bimmerfest -- The #1 Online Community for BMW related information! Please enjoy the discussion forums below and share your experiences with the 200,000 current, new and past BMW owners. The forums are broken out by car model and into other special interest sections such as BMW European Delivery and a special forum to voice your questions to the many BMW dealers on the site to assist our members!

Please follow the links below to help get you started!

Go Back   Bimmerfest - BMW Forums > BMW Model Discussions > 3 Series / 4 Series > E90/E91/E92/E93 (2006 - 2013)

E90/E91/E92/E93 (2006 - 2013)
The E9X is the 4th evolution of the BMW 3 series including a highly tuned twin turbo 335i variant pushing out 300hp and 300 ft. lbs. of torque. BMW continues to show that it sets the bar for true driving performance! -- View the E9X Wiki

Reply
 
Thread Tools Display Modes
  #1  
Old 03-09-2015, 08:42 AM
pbdrive pbdrive is offline
Registered User
Location: Orange County, CA
 
Join Date: Mar 2015
Posts: 11
Mein Auto: 328i
Exclamation Rear Ended

Hello. New to the forums today out of sheer panic from confusion of the accident I was involved in Saturday. I have a 2011 328i with 7 months left on the original warranty. I purchased the car CPO with 18,400 miles in November and the mileage today is 22,000. The CPO warranty does not kick in until October. As a CPO, the car is super clean and better than mint. It is (was) basically brand new...

Long story short, I was in stop and go traffic on a state hwy traveling approx 5mph when all of a sudden, I was slammed from behind by an Explorer that had to have been traveling at least 20mph, possibly more?? The impact was on the right rear side and was so forceful and completely unexpected (because I was simply traveling at idle speed with traffic) which forced me into the car in front of me. I couldn't believe the force of the impact because this traffic jam had been extended from miles and extended for many more. We weren't even traveling at any point faster than 5mph for the previous 10 miles so how on earth did the driver behind me hit me at such a tremendous speed?

Anyway, the three of us pulled over and exchanged information and the rear driver admitted fault to both me and the driver ahead. I called my insurance company immediately (Progressive) and filed a claim as well as called his company (State Farm) to report the accident Sat night. I'm supposed to hear from the appraiser? Adjuster? at some point today and not sure what to expect. Never been in an accident. No injuries.

I've uploaded some images of the damage but what really concerns me is that when the car is in gear and I come to a stop, the WHOLE car now vibrates significantly and makes a loud vibration noise that sounds like it's coming from underneath the car? Also, when the it's off and I press start, a similar loud vibration clunking noise can be heard until it starts. So the sound is only present during starting and when in D (not R) with the brakes on. Once it's put in park, the loud vibration noise can't really be heard.

From the photos, you can see inside the trunk the right side is warped in. I can't open the trunk floor or get to the panel on the inside right rear. Surprisingly the trunk closes if it's slammed super hard. It's difficult to see in the photo but the rear passenger door gap between the rear panel is nearly touching whereas the other side is at least 3x that width. Also, the front bumper is cracked and will need replacing as well.

After reading previous posts on accidents, I have a better idea as to what to expect regarding repair, OEM parts, diminished value in CA, possible total etc. I'm just curious what the community's opinion is on the damage and how it relates to an in warranty low mileage in perfect condition vehicle that's only 3 months old to me. Not to mention the nightmare of what might be wrong with the transmission/drivetrain or whatever that crazy loud vibration is. Praying for a total...Any thoughts?

Thanks everyone.






_a2_
Reply With Quote
Advertisement
  #2  
Old 03-09-2015, 11:19 AM
tim330i's Avatar
tim330i tim330i is offline
Administrator
Location: SF
 
Join Date: Dec 2001
Posts: 7,959
Mein Auto: Ti Silver 03 M3
Welcome to Bimmerfest! Sorry to see the damage to your baby.

Tim
Reply With Quote
  #3  
Old 03-09-2015, 12:21 PM
Porando Porando is offline
Officially Welcomed to the 'Fest
Location: South OC
 
Join Date: Jul 2011
Posts: 1,020
Mein Auto: 2011 335i, 2004 X5 4.4L
Don't wait not allow Insurance adjuster to do work estimate. Their job is to fix your car as cheap as possible. Your job is to make sure car is restored to the original condition or totaled.
I would contact dealer and ask them for advice because at the end you want car which has manuf and CPO warranty. So dealer may take it to their body shop or will deal with insurance.
If dealers re certifies the car - any other issues which may come after they will take care of it.
Also, keep in mind that if car is repaired - accident will show on Carfax and nobody will like to buy it later or you will have to sell at the discount.
In case like yours where you have double wham - I would like this car to be totaled and get the new one -like that one you have w/o any accidents or damages.

Last edited by Porando; 03-09-2015 at 12:23 PM.
Reply With Quote
  #4  
Old 03-09-2015, 03:40 PM
Pilgrim's Avatar
Pilgrim Pilgrim is offline
Car guy since 1968
Location: Fort Collins, CO
 
Join Date: Aug 2006
Posts: 843
Mein Auto: 2008 E91 328xi Sportwagon
You can take your car to the body shop you want to do the work.

The warranty is irrelevant - the offending party's insurance is primary and will pay for damages, probably including a rental car while yours is laid up. Call your insurance company (I'm with Progressive too, they've been good) and ask how all this works...they'll explain it. Warranties have no role in this repair. Progressive doesn't blame you since the other party caused it. This will not affect your insurance rates because of that.

If you are worried about warranty conditions AFTER the repairs are done, talk with the body shop and the party issuing the warranties. A businesslike conversation expressing your concerns is always in order. This stuff about "car not worth anything after collision" is bunk. It's still perfectly possible to sell it. It's not a piece of collector glass, it's a car.

As it happens, I have a car in the shop right now (my wife's BMW) with the same situation, except hers wasn't driveable after the other party hit it.

Basically:

- Insurance adjuster examines the car and issues a report with estimate.
- Insurance adjuster should then call you and brief you on the situation.
- Adjusters only estimate the damage which is visible; if more damage is visible after the shop gets into the car, the adjuster comes back and issues a supplemental estimate to cover the rest of the damage.
- Progressive will get repairs going and make payment; they then bill State Farm for the costs.

Make your needs known to the adjuster. In my case, I wanted a specific body shop to do the work and had the car flat-bedded 70 miles to that shop; the other insurance company pays. We also needed a rental car and they are paying $30 per day for her rental car - NOTE - go to their preferred rental company because you will get a better rate and better insurance coverage.

You should not be out of pocket for this unless you need a rental car and upgrade above what insurance covers. My advice is to stay cheap to avoid expense.

Hope this helps.

And incidentally - I have a car for sale that was once hit lightly in the LR corner (@$2000), and that incident does not show on the Carfax.
__________________
1983 Datsun 280ZX Turbo
2008 BMW E91 328xi Sportswagon
2009 BMW E92 328ix Coupe

Last edited by Pilgrim; 03-09-2015 at 03:48 PM.
Reply With Quote
  #5  
Old 03-10-2015, 10:39 AM
pbdrive pbdrive is offline
Registered User
Location: Orange County, CA
 
Join Date: Mar 2015
Posts: 11
Mein Auto: 328i
This is such great information!! Thank you for your replies everyone. Taking your advice, I contacted BMW Irvine and they put me in touch with their company owned repair shop.

Now I'm just waiting to hear from the at fault insurance company (State Farm) to accept liability. I ended up not going through Progressive just yet to avoid having to not only pay my deductible up front but also, I don't have rental car reimbursement on my policy. I think I'll add that when my policy comes up for renewal.

Interestingly, the repair center told me that even if I had rental car on my policy, Progressive only pays for 30 days of rental car reimbursement whereas State Farm pays an unlimited timeframe. They told me the estimated damage to the rear and front of the car is approximately $13,000-$15,000 and will take up to 6-weeks for the repair!! But, the car has a very serious issue with the drivetrain or transmission. I drove it about 6 miles to the repair center and the further I got from home, the worse it became. It's mostly un-drivable because under load like when accelerating from a stop, the car feels as though it's fighting acceleration or that I'm dragging a huge weight behind me. The loud vibration coincides with a major drag on the performance. No idea what that is but the vibration and noise is non existent in Park or Reverse. Put it in Drive and hold the brakes and the whole car shakes and makes that awful noise in addition to when accelerating.

So they're going to put it on a flatbed and take it to BMW to determine what that problem is. Hopefully it's severe enough to push the cost of the repair upwards of $20,000. I'd really like to have the whole thing behind me and start over even though I waited months for this particular car to become available. I would miss it but I think it would be best to not have to deal with the 6 weeks he told me the repair may take. What's a bit worrying is that they said it's possible they may determine the problem is not loss related! Seriously? I mean, the car is under warranty and its not even drivable. How on earth could they believe that the issue was potentially present prior to the accident. I mean, who wouldn't take their car in if it's under warranty and exhibiting that problem. I just don't understand it.

Thanks again for your assistance.
Reply With Quote
  #6  
Old 03-10-2015, 10:54 AM
Zeichen311's Avatar
Zeichen311 Zeichen311 is offline
Lost but making good time
Location: Here, there or in transit
 
Join Date: Mar 2011
Posts: 2,913
Mein Auto: '11 335xi 4dr; '03 330Ci
Quote:
Originally Posted by pbdrive View Post
It's mostly un-drivable because under load like when accelerating from a stop, the car feels as though it's fighting acceleration or that I'm dragging a huge weight behind me. The loud vibration ... is non existent in Park or Reverse. Put it in Drive and hold the brakes and the whole car shakes and makes that awful noise in addition to when accelerating.
It is fine in Reverse, fine in Park, vibrates in Drive regardless of whether or not you are moving...I would bet a large sum of money that your transmission is down for the count. Every other rotating source of vibration I can imagine as the culprit will either be noticeable in Park/Neutral (if it were engine-related) or in Reverse also (if it were any other rotating part of the driveline).

You probably need a new transmission. BMW dealers never repair them, only replace, and often BMW's suppliers do not make available to anyone the special tools or technical data needed to rebuild transmissions. So your repair estimate is likely to increase by $2,000-$4,000.

I would not worry about anyone trying to argue the problem predates the collision. You were moving slowly in gear when you were hit, the impact was enough to knock you forward into another car, and now you have a vibration present only when in Drive (i.e., in a forward gear). If they diagnose it as a transmission failure (and I bet they will), it would take some serious nerve to claim it is unrelated. Fight back hard if they try.
__________________
2011 335xi Individual 6MT - Azurite Black Metallic / Oyster & Black / Anthracite Maple + all the good stuff
2003 330Ci Sport 5MT - Black Sapphire Metallic / Natural Brown / Myrtle + the important stuff

   N47 35' 30.13" E11 10' 33.36" - End of break-in...you can guess what came next. BMW CCA

Last edited by Zeichen311; 03-10-2015 at 11:01 AM.
Reply With Quote
  #7  
Old 03-10-2015, 11:18 AM
Porando Porando is offline
Officially Welcomed to the 'Fest
Location: South OC
 
Join Date: Jul 2011
Posts: 1,020
Mein Auto: 2011 335i, 2004 X5 4.4L
If you know what repair shop car is going to - once they get, make sure you go there and talk to manager or person responsible for repair and understand their plan. Tell them that if only possible or if it on the border - you prefer totaling over repairing as they can play it depending what they want to do.
I would never buy car if it had $15k in repairs...No matter if that shows or not on Carfax - you will have to disclose it to the potential buyer or risk of being sued (because you know it)
Reply With Quote
  #8  
Old 03-10-2015, 12:19 PM
kfriceman kfriceman is offline
Registered User
Location: Ferndale. WA
 
Join Date: Dec 2014
Posts: 36
Mein Auto: 2009 E90 335i xDrive
Stop fighting with the other insurance company and hand it over to the one you are PAYING........I never understand why people get so wrap up in this stuff and try to solve it them selves.

-Kevin
Reply With Quote
  #9  
Old 03-10-2015, 01:27 PM
Porando Porando is offline
Officially Welcomed to the 'Fest
Location: South OC
 
Join Date: Jul 2011
Posts: 1,020
Mein Auto: 2011 335i, 2004 X5 4.4L
Done it both ways ...
Logic would suggest that you go to your insurance and let then handle that it makes your life simple and easy (need to wait for the deductible). Though, i.e. if you didn't have car rental coverage - your own insurer wont get you car, other will pay for it if it is their fault. And if you have to deal with one item - let them handle whole thing? Some may actually be taking care of you better than your own reps..
I had one time clear case - and my insurance settle 51/50 to my disadvantage....
Also my very own agent suggested I don't file a claim with my own company unless I have to - even if it not your fault, insurance companies get you negative point for just being in the wrong place at the wrong time of it happens too often...so they better don't have record.
So, it is not so straight forward and simple as it may sound.

Last edited by Porando; 03-10-2015 at 01:29 PM.
Reply With Quote
  #10  
Old 03-10-2015, 01:52 PM
Oaker55's Avatar
Oaker55 Oaker55 is offline
Officially Welcomed to the 'Fest
Location: Iowa
 
Join Date: Mar 2014
Posts: 331
Mein Auto: 2013 650xi
Quote:
Originally Posted by Porando View Post
Done it both ways ...
Logic would suggest that you go to your insurance and let then handle that it makes your life simple and easy (need to wait for the deductible). Though, i.e. if you didn't have car rental coverage - your own insurer wont get you car, other will pay for it if it is their fault. And if you have to deal with one item - let them handle whole thing? Some may actually be taking care of you better than your own reps..
I had one time clear case - and my insurance settle 51/50 to my disadvantage....
Also my very own agent suggested I don't file a claim with my own company unless I have to - even if it not your fault, insurance companies get you negative point for just being in the wrong place at the wrong time of it happens too often...so they better don't have record.
So, it is not so straight forward and simple as it may sound.
That's ridiculous. The insurance company will know. Insurance companies share EVERYTHING. It's to their advantage to share everything. They can charge you higher premiums by sharing everything. At the very least, even if it's not your fault, they will know about any claim and question you about it.
__________________

2011 Z4 sDrive35is Deep Sea Blue Metallic/Ivory White Nappa
2014 X5 xDrive50i Mineral White/Back Dakota
2015 650i xDrive Space Grey/Black Nappa
2015 M4 Austin Yellow Metallic - Daughter's Car
Reply With Quote
  #11  
Old 03-10-2015, 01:58 PM
Oaker55's Avatar
Oaker55 Oaker55 is offline
Officially Welcomed to the 'Fest
Location: Iowa
 
Join Date: Mar 2014
Posts: 331
Mein Auto: 2013 650xi
Quote:
Originally Posted by Pilgrim View Post
You can take your car to the body shop you want to do the work.

The warranty is irrelevant - the offending party's insurance is primary and will pay for damages, probably including a rental car while yours is laid up. Call your insurance company (I'm with Progressive too, they've been good) and ask how all this works...they'll explain it. Warranties have no role in this repair. Progressive doesn't blame you since the other party caused it. This will not affect your insurance rates because of that.

If you are worried about warranty conditions AFTER the repairs are done, talk with the body shop and the party issuing the warranties. A businesslike conversation expressing your concerns is always in order. This stuff about "car not worth anything after collision" is bunk. It's still perfectly possible to sell it. It's not a piece of collector glass, it's a car.

As it happens, I have a car in the shop right now (my wife's BMW) with the same situation, except hers wasn't driveable after the other party hit it.

Basically:

- Insurance adjuster examines the car and issues a report with estimate.
- Insurance adjuster should then call you and brief you on the situation.
- Adjusters only estimate the damage which is visible; if more damage is visible after the shop gets into the car, the adjuster comes back and issues a supplemental estimate to cover the rest of the damage.
- Progressive will get repairs going and make payment; they then bill State Farm for the costs.

Make your needs known to the adjuster. In my case, I wanted a specific body shop to do the work and had the car flat-bedded 70 miles to that shop; the other insurance company pays. We also needed a rental car and they are paying $30 per day for her rental car - NOTE - go to their preferred rental company because you will get a better rate and better insurance coverage.

You should not be out of pocket for this unless you need a rental car and upgrade above what insurance covers. My advice is to stay cheap to avoid expense.

Hope this helps.

And incidentally - I have a car for sale that was once hit lightly in the LR corner (@$2000), and that incident does not show on the Carfax.
I believe that $2000 claim did not show up on Carfax because the magic number is $3000. That could very from state to state. It could also be because the body shop does not participate in Carfax. In any case, there will be an insurance record of it that is of course you filed the claim with an insurance company. No claim more than likely no insurance record. By law, I believe if the damage is over the magic number it must be reported. The question, to who? More than likely, the state of registration.
__________________

2011 Z4 sDrive35is Deep Sea Blue Metallic/Ivory White Nappa
2014 X5 xDrive50i Mineral White/Back Dakota
2015 650i xDrive Space Grey/Black Nappa
2015 M4 Austin Yellow Metallic - Daughter's Car
Reply With Quote
  #12  
Old 03-10-2015, 02:27 PM
Zooks527's Avatar
Zooks527 Zooks527 is offline
Winding up the M235xi
Location: Mansfield, MA
 
Join Date: Mar 2009
Posts: 4,516
Mein Auto: 2015 M235xi
Quote:
Originally Posted by Oaker55 View Post
I believe that $2000 claim did not show up on Carfax because the magic number is $3000. That could very from state to state. It could also be because the body shop does not participate in Carfax. In any case, there will be an insurance record of it that is of course you filed the claim with an insurance company. No claim more than likely no insurance record. By law, I believe if the damage is over the magic number it must be reported. The question, to who? More than likely, the state of registration.
My 335 was rear ended and the details ended up in Carfax because the Mass State Police put them there as part of an accident report (it was a 4 car, with 2 of the cars probably down for the count). I saw it when I looked up my car before selling it.

More disturbing on the Carfax is that one of the BMW dealerships that touched my car as part of a repair from another shop seems to put all info on cars they work on up to Carfax without asking you. That's not right (and I think it may violate Carfax's terms of use). I believe you have the right to stop any private party from putting your info there without your permission.

Now, once they do it, it's out there whether you said they could or not. But you should have the option.


For the OP, details are here, along with pictures: http://www.bimmerfest.com/forums/sho...d.php?t=620070 The inline image links appear to have gone bad, but you can click on the thumbnails to see them. Worse body damage than yours from the looks of it, but no driveline issues.
__________________
2015 M235xi coupe, Black Sapphire Metallic, Black Leather, Fineline Stream trim, Steptronic, xDrive, ZPP, ZTP, ZCW, ZDA, ZDB, 5DP, hk audio, Enhanced BT
Ordered 3/12/15, Off the line 4/7/15, Delivered 5/14/15




Prior 40 years of cars: 1967 BelAir wagon / 1968 LeMans Tempest / 1970 Mustang Mach 1 / 1972 El Dorado / 1978 Corvette / 1981 Subaru GL wagon 4WD / 1983 s10 Blazer 4x4 / 1985 Bronco 4x4 / 1996 Bronco 4x4 / 2004 Passat 4motion / 2009 BMW 335i xDrive E92

Last edited by Zooks527; 03-10-2015 at 02:38 PM.
Reply With Quote
  #13  
Old 03-10-2015, 02:45 PM
DozerDan DozerDan is offline
Officially Welcomed to the 'Fest
Location: NJ
 
Join Date: Dec 2013
Posts: 170
Mein Auto: 335 d
Quote:
Originally Posted by Porando View Post
If you know what repair shop car is going to - once they get, make sure you go there and talk to manager or person responsible for repair and understand their plan. Tell them that if only possible or if it on the border - you prefer totaling over repairing as they can play it depending what they want to do.
I would never buy car if it had $15k in repairs...No matter if that shows or not on Carfax - you will have to disclose it to the potential buyer or risk of being sued (because you know it)
This. When I hit a deer with my last car, I made sure to let the repair shop (that i picked) know that I wanted it fixed right or not at all. They tore the entire car down, and found lots of hidden damage that normally would not be obvious. Got the car totaled and a nice check that went towards my BMW.

OP your car looks to have some serious damage.
__________________
Reply With Quote
  #14  
Old 03-10-2015, 03:12 PM
Oaker55's Avatar
Oaker55 Oaker55 is offline
Officially Welcomed to the 'Fest
Location: Iowa
 
Join Date: Mar 2014
Posts: 331
Mein Auto: 2013 650xi
Quote:
Originally Posted by Zooks527 View Post
My 335 was rear ended and the details ended up in Carfax because the Mass State Police put them there as part of an accident report (it was a 4 car, with 2 of the cars probably down for the count). I saw it when I looked up my car before selling it.

More disturbing on the Carfax is that one of the BMW dealerships that touched my car as part of a repair from another shop seems to put all info on cars they work on up to Carfax without asking you. That's not right (and I think it may violate Carfax's terms of use). I believe you have the right to stop any private party from putting your info there without your permission.

Now, once they do it, it's out there whether you said they could or not. But you should have the option.


For the OP, details are here, along with pictures: http://www.bimmerfest.com/forums/sho...d.php?t=620070 The inline image links appear to have gone bad, but you can click on the thumbnails to see them. Worse body damage than yours from the looks of it, but no driveline issues.
Don't get me wrong, Carfax is a joke but if you had the choice to put information about your car on Carfax or not, that would make it even a bigger joke. Why would anyone ever pay for a Carfax report if the vehicle owner controlled what could and could not be posted?
__________________

2011 Z4 sDrive35is Deep Sea Blue Metallic/Ivory White Nappa
2014 X5 xDrive50i Mineral White/Back Dakota
2015 650i xDrive Space Grey/Black Nappa
2015 M4 Austin Yellow Metallic - Daughter's Car
Reply With Quote
  #15  
Old 03-10-2015, 03:18 PM
pbdrive pbdrive is offline
Registered User
Location: Orange County, CA
 
Join Date: Mar 2015
Posts: 11
Mein Auto: 328i
Quote:
Originally Posted by kfriceman View Post
Stop fighting with the other insurance company and hand it over to the one you are PAYING........I never understand why people get so wrap up in this stuff and try to solve it them selves.

-Kevin
Believe me, I would go through my own insurance right off the bat if I had rental car coverage. I don't. When asking progressive, they said they would in fact go after State Farm to recoup costs but there was not a 100% guarantee...depending on whether they actually admit liability. If my car is repaired and not declared a total loss, it will be at the shop for approx 6 weeks. I'd rather not risk paying for a rental for 6 weeks out of pocket in the hopes I'll get my money back one day...or possibly never?
Reply With Quote
  #16  
Old 03-10-2015, 05:37 PM
Zooks527's Avatar
Zooks527 Zooks527 is offline
Winding up the M235xi
Location: Mansfield, MA
 
Join Date: Mar 2009
Posts: 4,516
Mein Auto: 2015 M235xi
Quote:
Originally Posted by Oaker55 View Post
Don't get me wrong, Carfax is a joke but if you had the choice to put information about your car on Carfax or not, that would make it even a bigger joke. Why would anyone ever pay for a Carfax report if the vehicle owner controlled what could and could not be posted?
Can't speak to Iowa, but in Massachusetts, if you instruct a shop that they can't put your info up, they can't. I would have no recourse against the BMW dealer, as I wasn't their customer and did not give them the direction, but you can (and I do) stop your own shop from doing so. You can't stop the state (RMV, State Police, etc.), but you can stop private parties.
__________________
2015 M235xi coupe, Black Sapphire Metallic, Black Leather, Fineline Stream trim, Steptronic, xDrive, ZPP, ZTP, ZCW, ZDA, ZDB, 5DP, hk audio, Enhanced BT
Ordered 3/12/15, Off the line 4/7/15, Delivered 5/14/15




Prior 40 years of cars: 1967 BelAir wagon / 1968 LeMans Tempest / 1970 Mustang Mach 1 / 1972 El Dorado / 1978 Corvette / 1981 Subaru GL wagon 4WD / 1983 s10 Blazer 4x4 / 1985 Bronco 4x4 / 1996 Bronco 4x4 / 2004 Passat 4motion / 2009 BMW 335i xDrive E92
Reply With Quote
  #17  
Old 03-19-2015, 05:37 PM
pbdrive pbdrive is offline
Registered User
Location: Orange County, CA
 
Join Date: Mar 2015
Posts: 11
Mein Auto: 328i
I finally received the 2-part estimate from both the bodyshop and the dealership.

$13,246 body damage
$1,500 mechanical (motor mounts and transmission mounts both cracked)

Now they are just waiting to hear back from State Farm to determine whether or not the car will be a total loss. Guess I'll know some time tomorrow.

With a near $15k repair on a 2011 with 22,000 miles I'm wondering if that's enough to qualify. Bummer I only had the car for just over 3 months too. While I don't want such a huge repair on the car, I will definitely go after them for diminished value if it's not a total loss. If it is, I'm getting geared up to negotiate a fair price. What's good is I have all my finance paperwork from when I bought the car at the end of November so anything like for like replacement is going to be pretty close to what I paid.
Reply With Quote
  #18  
Old 03-19-2015, 11:22 PM
grussell grussell is offline
02 X5 4.4
Location: Longmont, CO
 
Join Date: Feb 2014
Posts: 185
Mein Auto: 2010 328ix
I will add some more information for you. I have been in the insurance business since 1988 and was a co-owner of a body shop that specialized in repairs for high end cars. I currently am a partner in an insurance agency that specializes in business insurance for automotive related businesses. My first BMW was a 1979 320i. My current BMW is a 2010 328xi. I have had my personal insurance with State Farm for 10 years and with 3 sons have had my fair share of auto claims and never had an issue with how they handled the claims.

From your post it is clear the driver insured by State Farm is a fault. It can take a few days to hear from the adjuster because the claim process goes as follows. 1)Claim gets set up in their system. 2)Claim gets assigned to the appropriate adjuster. 3)Adjuster has to get a statement from their insured on the facts of the claim. 4)If their is a police report they have to get a copy. 4)If needed, adjuster contacts you to get additional facts. 5)Adjuster determines if their insured is at fault, if so Liability is accepted. 6)Adjuster contacts you to makes appointment to have the vehicle inspected and/or write an initial estimate. part of the claim will be Rental Car coverage equal to what you drive. So don't let them put you in a sub compact, you drive a luxury vehicle and you want something as close to what you drive as possible from what the rental car company has in their fleet. Since the vehicle is already at a repair shop they can send an adjuster there or have the repair shop send them a copy of the estimate and photos. Body shops will remove damaged parts such as fenders and bumpers in order to see what damage is underneath and look for structural damage. The body shop and the adjuster will discuss the estimates and the adjuster approves repairs. During repairs if additional damage is discovered, they will write a supplemental estimate and contact the adjuster for approval. The body shop will put your car on the frame machine and check for structural damage.

*Most insurance companies will not total a car unless the physical damage claim is 70-75% of the "actual cash value" of the vehicle. The 6 weeks of rental car cost could be used in this total. $30 per day x 45 days = $1350.
*Your estimate needs to include under the paint part "blend panels". You will get a new bumper, new trunk lid and right quarter panel. If just these parts are painted it does not matter how good the painter is you will be able to see a slight variance in color. In order to trick the eye the right rear door, left quarter panel and the roof will need to be blended with the paint on the new parts. It also very important to make sure the body shop uses high quality clear coat. Cheap clear will eventually fade and/or peel.
*Carfax can use public information on their reports without your permission. If the accident does show on Carfax, then the Diminished Value addition is very important to your total claim. This is the amount of the value of your car lost from the accident.
*Ask the body shop to walk you through their facility and explain how they repair damage like your car received. Ask them about their frame machine, measurement system, paint booth, what type of paint and clear coat do they use. Ask how their equipment compares to the industry and listen to their answer. I will tell you from being in the business and selling insurance to body shops for years you can tell if a shop is good by walking through their facility and looking at their equipment. Even with the damage your sustained, a good shop can put your car back to pre-accident condition and match the paint where the untrained eye can not tell. Years ago I had a Titanium Silver 540i Sport that my wife pulled the front bumper cover off. I had a small body shop that specialized in repairs for German cars paint the new bumper cover and when I sold it the buyer had a BMW dealer inspect it and they told him no paint work had ever been performed.
*If the adjuster totals your car and you think the offer is low, ask him to provide you a list of comparable vehicles with comparable mileage that you can go buy with the money they are offering you.
__________________
2010 328xi e90 Platinbronze
2010 MINI Cooper S Dunkelgrau
2008 328xi e92 Funkelnden Graphit Metallic

Past
2002 X5 4.4i 171k Stahlgrau
2002 Mini Cooper
2000 323ci
2001 540i Sport 6mt
1999 M3 Convertible
1995 525i
1984 533i
1979 320i

Last edited by grussell; 03-21-2015 at 06:57 AM.
Reply With Quote
  #19  
Old 03-20-2015, 07:02 AM
wilt wilt is offline
Officially Welcomed to the 'Fest
Location: SF Bay area
 
Join Date: Jan 2014
Posts: 1,452
Mein Auto: 2011 328i
Quote:
Originally Posted by pbdrive View Post
Believe me, I would go through my own insurance right off the bat if I had rental car coverage. I don't. When asking progressive, they said they would in fact go after State Farm to recoup costs but there was not a 100% guarantee...depending on whether they actually admit liability.
As you described, " I was in stop and go traffic on a state hwy traveling approx 5mph when all of a sudden, I was slammed from behind by an Explorer that had to have been traveling at least 20mph, possibly more??" The guy BEHIND is virtually always at fault...barring extenuating circumstances!

Last edited by wilt; 03-20-2015 at 07:07 AM.
Reply With Quote
  #20  
Old 03-20-2015, 10:29 AM
pbdrive pbdrive is offline
Registered User
Location: Orange County, CA
 
Join Date: Mar 2015
Posts: 11
Mein Auto: 328i
Quote:
Originally Posted by grussell View Post
I will add some more information for you. I have been in the insurance business since 1988 and was a co-owner of a body shop that specialized in repairs for high end cars. I currently am a partner in an insurance agency that specializes in business insurance for automotive related businesses. My first BMW was a 1979 320i. My current BMW is a 2010 328xi. I have had my personal insurance with State Farm for 10 years and with 3 sons have had my fair share of auto claims and never had an issue with how they handled the claims.

From your post it is clear the driver insured by State Farm is a fault. It can take a few days to hear from the adjuster because the claim process goes as follows. 1)Claim gets set up in their system. 2)Claim gets assigned to the appropriate adjuster. 3)Adjuster has to get a statement from their insured on the facts of the claim. 4)If their is a police report they have to get a copy. 4)If needed, adjuster contacts you to get additional facts. 5)Adjuster determines if their insured is at fault, if so Liability is accepted. 6)Adjuster contacts you to makes appointment to have the vehicle inspected and/or write an initial estimate. part of the claim will be Rental Car coverage equal to what you drive. So don't let them put you in a sub compact, you drive a luxury vehicle and you want something as close to what you drive as possible from what the rental car company has in their fleet. Since the vehicle is already at a repair shop they can send an adjuster there or have the repair shop send them a copy of the estimate and photos. Body shops will remove damaged parts such as fenders and bumpers in order to see what damage is underneath and look for structural damage. The body shop and the adjuster will discuss the estimates and the adjuster approves repairs. During repairs if additional damage is discovered, they will write a supplemental estimate and contact the adjuster for approval. The body shop will put your car on the frame machine and check for structural damage.

*Most insurance companies will not total a car unless the physical damage claim is 70-75% of the "actual cash value" of the vehicle. The 6 weeks of rental car cost could be used in this total. $30 per day x 45 days = $1350.
*Your estimate needs to include under the paint part "blend panels". You will get a new bumper, new trunk lid and right quarter panel. If just these parts are painted it does not matter how good the painter is you will be able to see a slight variance in color. In order to trick the eye the right rear door, left quarter panel and the roof will need to be blended with the paint on the new parts. It also very important to make sure the body shop uses high quality clear coat. Cheap clear will eventually fade and/or peel.
*Carfax can use public information on their reports without your permission. If the accident does show on Carfax, then the Diminished Value addition is very important to your total claim. This is the amount of the value of your car lost from the accident.
*Ask the body shop to walk you through their facility and explain how they repair damage like your car received. Ask them about their frame machine, measurement system, paint booth, what type of paint and clear coat do they use. Ask how their equipment compares to the industry and listen to their answer. I will tell you from being in the business and selling insurance to body shops for years you can tell if a shop is good by walking through their facility and looking at their equipment. Even with the damage your sustained, a good shop can put your car back to pre-accident condition and match the paint where the untrained eye can not tell. Years ago I had a Titanium Silver 540i Sport that my wife pulled the front bumper cover off. I had a small body shop that specialized in repairs for German cars paint the new bumper cover and when I sold it the buyer had a BMW dealer inspect it and they told him no paint work had ever been performed.
*If the adjuster totals your car and you think the offer is low, ask him to provide you a list of comparable vehicles with comparable mileage that you can go buy with the money they are offering you.

In closing
Wow, this is great information and I can't thank you enough for providing me with more ammunition. I did end up getting a rental through State Farm but the most they would give me was $25/day and though I pushed hard for more and argued that my car is a luxury vehicle, they wouldn't budge past $25+tax/day. Ended up with a Corolla

But yes, I'm now just waiting for them to determine if they feel it's a total loss. My guess is it's close to 70-75% of the value once the 6-week rental car is factored in. I'll post here once I get the final details.

The good news is that if they approve the repair, Spectrum Collision is my body shop of choice which is owned by the same company that owns Irvine BMW as well as a dozen other dealerships and are one of the few BMW certified body shops in the area. We even discussed the paint issues you mentioned and in fact, they went over every single detail you described above. Thank you again for your help here...It's very much appreciated.
Reply With Quote
  #21  
Old 03-20-2015, 10:32 AM
pbdrive pbdrive is offline
Registered User
Location: Orange County, CA
 
Join Date: Mar 2015
Posts: 11
Mein Auto: 328i
Quote:
Originally Posted by wilt View Post
As you described, " I was in stop and go traffic on a state hwy traveling approx 5mph when all of a sudden, I was slammed from behind by an Explorer that had to have been traveling at least 20mph, possibly more??" The guy BEHIND is virtually always at fault...barring extenuating circumstances!
The problem State Farm was having is they couldn't get in touch with the driver of the car in front of me. They said they couldn't claim full responsibility until they speak to her to determine if she felt 2 hits or 1. They said it was possible that I hit her, then he hit me (which was not the case). They finally did get in touch with her and she told them that she was positive he hit me and that pushed me into her.
Reply With Quote
  #22  
Old 03-20-2015, 12:56 PM
Zooks527's Avatar
Zooks527 Zooks527 is offline
Winding up the M235xi
Location: Mansfield, MA
 
Join Date: Mar 2009
Posts: 4,516
Mein Auto: 2015 M235xi
Quote:
Originally Posted by pbdrive View Post
The problem State Farm was having is they couldn't get in touch with the driver of the car in front of me. They said they couldn't claim full responsibility until they speak to her to determine if she felt 2 hits or 1. They said it was possible that I hit her, then he hit me (which was not the case). They finally did get in touch with her and she told them that she was positive he hit me and that pushed me into her.
When I was rear-ended a few years ago, they tried the same thing. "Are you sure you stopped, were hit, and then hit the car in front of you? Did the person who hit you do it before she was hit by the person behind her?" Multiple variants on the question.
__________________
2015 M235xi coupe, Black Sapphire Metallic, Black Leather, Fineline Stream trim, Steptronic, xDrive, ZPP, ZTP, ZCW, ZDA, ZDB, 5DP, hk audio, Enhanced BT
Ordered 3/12/15, Off the line 4/7/15, Delivered 5/14/15




Prior 40 years of cars: 1967 BelAir wagon / 1968 LeMans Tempest / 1970 Mustang Mach 1 / 1972 El Dorado / 1978 Corvette / 1981 Subaru GL wagon 4WD / 1983 s10 Blazer 4x4 / 1985 Bronco 4x4 / 1996 Bronco 4x4 / 2004 Passat 4motion / 2009 BMW 335i xDrive E92
Reply With Quote
  #23  
Old 03-20-2015, 07:56 PM
pbdrive pbdrive is offline
Registered User
Location: Orange County, CA
 
Join Date: Mar 2015
Posts: 11
Mein Auto: 328i
Received word tonight that my car WILL be repaired and not claimed a total loss. $15,257 for both body and mechanical issues. Not sure if I'm happy or upset about this. On one hand, I am happy I'm getting my car back because I feel it was such a good deal for what I purchased...condition etc. On the other hand, now I have to go after them for diminished value. I was told I might need to get an attorney involved which is more money spent.

Such a nightmare.
Reply With Quote
  #24  
Old 03-20-2015, 08:35 PM
Oaker55's Avatar
Oaker55 Oaker55 is offline
Officially Welcomed to the 'Fest
Location: Iowa
 
Join Date: Mar 2014
Posts: 331
Mein Auto: 2013 650xi
You still have options. Investigate what the salvage value of your car is. If you sell it to a salvage company and combine that with the money from the insurance company you may be money ahead. I did that very thing many years ago and came out much better then if I would of had the car repaired.
__________________

2011 Z4 sDrive35is Deep Sea Blue Metallic/Ivory White Nappa
2014 X5 xDrive50i Mineral White/Back Dakota
2015 650i xDrive Space Grey/Black Nappa
2015 M4 Austin Yellow Metallic - Daughter's Car
Reply With Quote
  #25  
Old 03-20-2015, 09:14 PM
Porando Porando is offline
Officially Welcomed to the 'Fest
Location: South OC
 
Join Date: Jul 2011
Posts: 1,020
Mein Auto: 2011 335i, 2004 X5 4.4L
Quote:
Originally Posted by pbdrive View Post
Received word tonight that my car WILL be repaired and not claimed a total loss. $15,257 for both body and mechanical issues. Not sure if I'm happy or upset about this. On one hand, I am happy I'm getting my car back because I feel it was such a good deal for what I purchased...condition etc. On the other hand, now I have to go after them for diminished value. I was told I might need to get an attorney involved which is more money spent.

Such a nightmare.
You really go to get money back for diminished value? I have not heard about anybody in my wide circle to be successful in this but if you find a lawyer who will do it - he will take a min of 1/3 of what you get....
Reply With Quote
Reply

Bookmarks

Tags
328i, accident, damage, drivetrain, e90, rear ended, transmission


Forum Navigation
Go Back   Bimmerfest - BMW Forums > BMW Model Discussions > 3 Series / 4 Series > E90/E91/E92/E93 (2006 - 2013)
Today's Posts Search
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On



Forum Jump


All times are GMT -7. The time now is 11:16 PM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2015, vBulletin Solutions, Inc.
© 2001-2015 performanceIX, Inc. All Rights Reserved .: guidelines .:. privacy .:. terms