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my pristine F 10 got whacked while parked picture is included

5297 Views 37 Replies 22 Participants Last post by  Needsdecaf
my F 10 was parallel parked on a residential street, unoccupied, locked with the engine off. A 17 year old in a 2005 Honda Pilot lost control coming out of his own driveway and destroyed the left rear quarter panel, trunk lid and bumper. It was hit hard enough that the right side got pushed into the concrete curb, damaging the right rear wheel and suspension. The car is twisted or racked. The service manager at my dealership said that I really don't want this car after it is fixed so I guess I will be getting a new one. I will trade up from a 528 to a 535, I just don't know whether to get X drive or not.

The insulting thing about this is that not only do I not have a car, and insurance companies only pay $30 per day to put you in a ford focus, but in the state of PA there is no provision to be compensated for what is known as "diminished value". When you trade the car in, it is worth less because it was in an accident.

One more thing.....not only that, the trans reprogrammed last week and I finally got rid of the tip in and the car was amazing to drive.

Click on photo to enlarge.

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Damn OP, it looks like there might be some minor frame damage. Best of luck with the repair!

Definitely sucks. Front of my E70 was backed into to the tune of $2k last summer right after I got the car at Wallyworld and another idiot hit the front of my car to the tune of ~$10k last month.

Diminished value claims are ridiculously hard to file and I doubt I'll get anytime so I'm screwed come trade in time.
That's horrible. What is the damage estimate on it?

Why did the person lose control coming out of their driveway? Do you have any indication of imparement, bad car condition, or distraction?

Honestly, it could also just have been a boneheaded move...my mother in law backed into my car once and I know it was a real accident (I had not yet proposed to her daughter, so she wasn't mad at me yet), so it can happen.

You might also want to get a second opinion on it from another reliable body shop, one that specializes in higher end cars or has done a lot of work on BMWs in the past, and have experience with frame straightening. They should be able to let you know if the damage will be completely repairable to within spec or not.

Anyway, good luck with everything.
Feel your pain. Something similar happened to me with my old E60 two years ago. Hit from the left side while stopped on the freeway during rush hour by a girl in a Dodge Durango. Left quarter panel, bumper and trunk had to be replaced. No frame damage. One thing about BMWs is they can take a hit. My BMW body shop manager said frame damage will often show up as a split or crack on the thin pillar that runs up between the back glass and small quarter window. I had no frame damage, just $10,000 in repairs. Everything turned out great and they did a good match on my Black Shapphire paint. No problems during the next year before I traded it in for an M-Sport.
Oh that will buff right out!

Sucks. I guess look on the bright side -- you'll get a shiny new 535 with maybe some additional technology!
Wacked would be like scrapes to me lol that looks like punished!!! :eek:
How does one lose control coming out of their own driveway? And of course, he had to hit the Five Series BMW. The damage looks bad. The only way to ease the pain is to get a brand new 535. Since you are in PA, I recommend the xdrive. After you take delivery of your new ride, post pics and we can all kid about what now is a horrible situation. Also, once you have your new 535, you should return to the scene of the crime and tear past the offending driveway.
Are you saying that PA does not have a law to provide for diminished value or that diminished value law suites do not win in PA? A big difference, 'cause I would seriously consider suing.
Texting?
How does one lose control coming out of their own driveway?
Damn, you can't even park your car without an idiot destroying it?!?! Good luck, hopefully you get a new one.
"In the past decade, a number of courts have squarely addressed the issue of diminished value claims under comprehensive and collision auto insurance coverages."

The majority of these courts have ruled that comprehensive and collision coverage limit liability to payments for proper repairs and do not provide for payments for losses in value, he says. State supreme courts that have set this precedent include those in Delaware, Indiana, Florida, Maine, Massachusetts, South Carolina, South Dakota and Texas. A few appellate courts have made similar rulings, including those in Illinois, Louisiana, Missouri, Pennsylvania, Tennessee and Wisconsin.
Are you saying that PA does not have a law to provide for diminished value or that diminished value law suites do not win in PA? A big difference, 'cause I would seriously consider suing.
Relax, all right? My old man is a television repairman, he's got this ultimate set of tools. I can fix it.
/Jeff Spicoli

Seriously, that sucks dude, and no DV claim in PA either? I hope you at last had Gap Insurance.
:rofl: I forgot about that one...

But it does put things in perspective.

I was feeling sorry for myself because i chipped the paint on my GT's hatch opening it into the roof support in an underground garage yesterday. A little touch up paint and I'm good to go. That first blemish always sucks but its nothing compared to losing your ride.

Good luck on the ultimate outcome.

FWIW
DLM
Relax, all right? My old man is a television repairman, he's got this ultimate set of tools. I can fix it.
/Jeff Spicoli

Seriously, that sucks dude, and no DV claim in PA either? I hope you at last had Gap Insurance.
Diminished value

"In the past decade, a number of courts have squarely addressed the issue of diminished value claims under comprehensive and collision auto insurance coverages."

The majority of these courts have ruled that comprehensive and collision coverage limit liability to payments for proper repairs and do not provide for payments for losses in value, he says. State supreme courts that have set this precedent include those in Delaware, Indiana, Florida, Maine, Massachusetts, South Carolina, South Dakota and Texas. A few appellate courts have made similar rulings, including those in Illinois, Louisiana, Missouri, Pennsylvania, Tennessee and Wisconsin.
One of the reasons courts are ruling as noted above is that it's difficult to determine the diminished value of a car immediately after an accident. The car is not being sold at that moment. If it was, then one could fairly easily calculate the difference in price between an undamaged car of similar age and condition to the damaged car. You would then be claiming an actual loss rather than a potential loss of value.

However, what if the owner of that now damaged car will keep it for 2 more years, 5 more years, etc.? How can someone accurately determine the diminished value that far down the road? If one plans to keep the car, it is repaired to spec and handles as it did before, then there is, perhaps arguably, no difference in economic value.

Now, I understand the anger and frustration of being hit by a nimrod in some POS who chooses to avoid checking his rear view mirror or is texting while driving. I've had each of those happen to me (the first situation twice) and I was pissed.

Good luck to the OP on the repairs. Make sure you thoroughly shake down your car after the repair and check things like uniformity of spacing where the quarter panels, doors and bumper meet. Auto repair is so much better now than back in the day, but even the best shops may occasionally get sloppy. If you haven't done so already, check around to see what body shops in your area really know how to repair BMWs. They will do a better job and find a lot of little things that other shops may miss. Push back at the insurer of the other car, or your insurer depending on how your claim is being handled, if they try to direct you to a shop that isn't to your liking.
That really sux. I hope everything works out. I had a Nissan 350z before I got my BMW a few months ago and i was car jacked at gun point When the Police found my car it was wrapped around a pole and burned from the damn crack pipes an what not. Needless to say it was a total loss. But on the bright side, I was able to get my BMW so I guess everything happens for a reason.

Really crappy experience.

Best of luck with the repairs.
That really is some badluck, I hope you get it all worked out.
But how is the condition of the kid?
I am the starter of this thread.
First, thanks to everyone for your good wishes.
Second, the damage estimate came in a little over $12,000.
Third, most interesting is that if you keep a vehicle that has had any welding performed on it, BMW will not offer you an extended warranty after your original four years have ended.
Also, if you trade it in, the dealer is not allowed by BMW to CPO the vehicle. This is what leads to the diminished value claim. Further, if you pursue the claim through the third party insurance company not your own deductible, diminished value claims are sometimes successful.

So, I am going to the dealer tomorrow.
This is my understanding as well. My dealer ships the car out of the dealership to a wholesaler or private dealer as soon as they get a car with this kind of damage. So when you see those seemlying good deals at the private dealerships you know there is something up. On the other hand, a trade up is likely going to cost you. With what they can do with repairs these days, I would be reluctant to write this one off. I don't think 12k (inder the circumstances is that bad). Now just how good the repair comes out will be interesting. Good luck.
I am the starter of this thread.
Also, if you trade it in, the dealer is not allowed by BMW to CPO the vehicle. This is what leads to the diminished value claim. Further, if you pursue the claim through the third party insurance company not your own deductible, diminished value claims are sometimes successful.

So, I am going to the dealer tomorrow.
Another issue is that there have been plenty of people in the US screwed by the so-called security that BMW CPO provides. Lots of damaged cars have shown up with CPO. Of course, not all dealers are bad. There are some honest ones out there.
This is my understanding as well. My dealer ships the car out of the dealership to a wholesaler or private dealer as soon as they get a car with this kind of damage. So when you see those seemlying good deals at the private dealerships you know there is something up. On the other hand, a trade up is likely going to cost you. With what they can do with repairs these days, I would be reluctant to write this one off. I don't think 12k (inder the circumstances is that bad). Now just how good the repair comes out will be interesting. Good luck.
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