Vista BMW Dealership wrecked my car

[M6KnightRider]

Unfortunately like the title says Vista BMW dealership wrecked my car. The tech who was driving from my understand is good, had a couple of scrapes and bruises. It's a 14' M6 with the competition package. Service was doing a test drive after supposedly fixing the drivetrain malfunction issue. I say supposedly because that's not the first time I brought it to that location for that same reason. Issue reappeared and I brought it to another BMW location which I would never go back(that's another short story for a different time). I was supposed to get my car late Xmas week. No call so I'm assumed issue was still not resolved. That following week I get a call from my service advisor(I would've thought the GM would be one making the call... I'm guessing that issue wasn't deemed worthy enough for him to call). My car was involved in an accident. Apparently the service guy was heading north and a vehicle in the left turning lane cut across the street and when they realized a vehicle was approaching them, they stopped. To avoid an accident the service tech went right, hop the sidewalk and into a tree. I believe he was speeding. The damage to vehicle shows it. To make the situation worst, I literally just installed over 12000 in carbon fiber parts and rims which is now ruined the night and morning before I dropped the vehicle off and that same 12k if not more is probably how much the value of the vehicle will drop once it hits my carfax. I finally got my car to look how I wanted and this happens. Yes I know it's only materialistic but a lot of blood sweat and tears went into that materialistic thing. Still in the beginning stage waiting to see how BMW will rectify the issue. Right now I'm in a loaner which is my only transportation. If anyone can advise what i can expect that's been in a similar situation or know someone who has and should i get my lawyer involved. Thanks in advance.

[Havy]

OMG I am so sorry to hear that. I hope they will pay also for al the carbon.

[M6KnightRider]

Originally Posted by Havy

OMG I am so sorry to hear that. I hope they will pay also for al the carbon.

Thank you. Me too. I didn't even take any pictures after I did the mod.

[Flying Ace]

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.

[Flying Ace]

heck, I would even show this case to the dealership and tell them, if they don't give you your diminished value back, it'll end up costing them a ton more money for lawyers.

[M6KnightRider]

Originally Posted by Flying Ace

heck, I would even show this case to the dealership and tell them, if they don't give you your diminished value back, it'll end up costing them a ton more money for lawyers.

In all honestly I really not sure if I want the car back. Cars are never the same after front collisions. Regardless if the dealership is the one repairing it. It's a possibility they might even total the car. Option C is definitely a factor. Those parts are brand new. I have another 3k in parts I haven't got installed. Front splitter and rear spoiler. Damages are at least 20k if not more. I'll upload some pictures as soon as I figure out how what's the name of that law firm.

[M6KnightRider]

Pics

[thedza]

that looks terrible - good luck and let us know how they respond

[M6KnightRider]

Originally Posted by thedza

that looks terrible - good luck and let us know how they respond

Pictures are actually not doing it justice and thanks will do.

[Flying Ace]

Oh fuck dude! Lawyer up and buckle up for a fight.

[M6KnightRider]

Originally Posted by Flying Ace

Oh fuck dude! Lawyer up and buckle up for a fight.

Do you have that contact number for the lawyer that handle that case you was telling me about

[Opie55]

Given that it was a fairly large award, you could probably run a few google searches that will show who the lawyer was. But I would not bother since you are in Florida and that case was in Texas. I am a litigator at a very large law firm and I can tell you that the issues here are not legal rocket science. Also, the types of claims here, although they are roughly the same everywhere, are creatures of state law and can vary from state to state. For example, the law of bailment mentioned in the jury verdict form, which is basically another party taking temporary possession of your property, could vary significantly from Texas to Florida. For all I know, there might be a strong dealer lobby in Florida that got a statute passed that limits dealer liability in such cases. Or expands it. You need a Florida lawyer to navigate that for you. Any decent litigator, especially one experienced in consumer rights issues, can help you.

[AECDY]

Sorry to hear. Good Luck.

[brad850csi]

That car is fucked imho, sorry to hear what has happened but I think it is a write-off and I'd be looking for a new car for them to buy you plus replace all of the aftermarket parts.

[Flying Ace]

any updates?

[dclin]

It blows my mind that stories like this continue to happen. It's just simple disrespect of other people's property. It is exactly the reason why I do as much work as I can myself.

[powahousealex]

This is solely base on buying and selling wrecked cars for a living.Normally that car is worth about 40-50k CLEAN TITTLE, Insurance will go based on Current auction yard prices(manheim)you can tell that the passenger strut beam got pushed back,that woul have to cut and weld a new front strut tower panel.this alone is about a 5k job .A insurance company normally salvages a car if the damage exceeds 15% of CURRENT VALUE.so technically you can kiss that car goodbye.if you need help with a lawyer(los angeles)let me know i can connect you with a good lawyer.

[powahousealex]

1

[Vorpel]

That sucks - I sure hope you get what you want/need out of his. From dealing with insurance companies on several issues over the years the offer they make will NOT be in your favor and is NOT what you can get them to do. Here are some things to keep in mind:

Do your research
Get your own estimate
Know your costs and have the paperwork to prove it
Get lots of photos/videos of the car, once it is gone or unavailable this is going to be your only record and way to prove the aftermarket parts
Be calm and respectful when dealing with other parties
Don't sell your time for having to deal with this short - keep track of time (dates and times), time taken off from work and vacation used. I've never gotten push back with properly documented time costs

Take a deep breath and hang in there.

[thebmw]

Originally Posted by powahousealex

A insurance company normally salvages a car if the damage exceeds 15% of CURRENT VALUE

15%? I've always seen 50%, not 15%. Please elaborate.

[tashakes]

I believe the car is a total loss, mainly because of airbags deployment and structural damage.

Take deep breath and relax, not all insurance companies are that bad. I have dealt with multiple total losses and all have been fair. Getting a lawyer involved should be your last resort.

You will most probably get retail value plus some or all your brand new upgrades if you can show receipts. So, no, you will not have your car back, and they will pay you for replacing it with a used one, but that is life and ultimately it's the maximum of their liability.

A positive is that it is a dealership, and if they are smart, they can get you in into a CPO in great condition, payoff your upgrades, and have a happy ending to this headache.

Best of luck and hope this gets resolved to your satisfaction.

[FBMWWINS]

Really sorry to hear that. You should definitely demand some good deal of compensation for the diminished value yes but also for the trouble this will have you go through!
Considering you are not sure you ever want this car back (understandable after such a considerable damage....) you may want to "force" them into suggesting alternatives in this regard.