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      01-04-2019, 05:44 PM   #4
Flying Ace
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Drives: G05 45e, 997.1 & 991.1 GT3s
Join Date: Jul 2014
Location: SF, CA

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This is ridiculous. But we all know accidents can happen.

Generally, how this plays out is that the dealership will offer you a solution that is amendable to their insurance policy. If you're not satisfied you should:

1. tell them what you want first (perhaps the two sides are not that far apart)
2. call BMWNA and complain
3. threaten to lawyer up if they are not being fair

I would say what's fair is exactly how you laid out, you should:
A. be paid out to get your car fixed AND
B. get money for diminished value AND
C. get money for the value of the aftermarket parts.

IMO this is all reasonable. I'm guessing their first crack at an offer would simply to give you A and C. But you should demand B, but their insurance will balk at it. This is where you will find the most trouble and only place where BMWNA or your lawyer can step up.

There was an incident like this a few years ago with a M5. https://jalopnik.com/5628903/bmw-dea...ner-out-of-27k
They ultimately went to court and the owner won a judgment of $160k, $60k for a 2007 car in 2011 which covered diminished value and rental costs, and $100k of lawyer fees after 16 months. http://www.m3forum.net/m3forum/showthread.php?t=386265

You may want to start contacting that same law firm for a consultation and see if they practice in FL.

It almost sounds your car had the exact same set of damage, so it's a good basis to understand how deep it'll go. Also your situation is likely different as in the other incident the employee was deemed negligent and fired. Further, note that juries and situations are all different, don't expect the same result.
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Last edited by Flying Ace; 01-04-2019 at 06:06 PM..
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