Rear ended - What to do?

[dnguyen1963]

Depends on where you live. In Wisconsin, only ones with dealer license can buy damaged cars.

[dvnchrstphr]

This week hasn't been the best.

I didn't want to start with much of the personal injury side but that's really what has my mood this way. I have two herniated discs from the accident. Two nights ago I couldn't move my neck at all. Currently on pain meds.

The claims adjuster has (conveniently) taken the week off for vacation, so now I'm dealing with someone else who has valued the car at $7,400, completely disregarding what I've spent in parts and maintenance.

I sent them both articles RLGDiesel has posted (thanks for that!) plus two of the most recent listings of AW 318iS's on the market from EA and another on the BMWCCA classifieds.

Should have a final verdict by the end of the week or early next week.

[ncsubowen]

Alpine! Alpine is the common thread here! Stop buying white cars people!

- Sent by your delphin overlords (who are very sorry for your losses).

[nugentnsb]

Same thing just happened to me today... still in shock

[RLGDiesel]

Sorry to read about this...same thing just happened to me in a clean 1995 E320...same damage too just the rear right side instead of the left. I washed, waxed, and tire shined the hell out of the poor car before the insurance adjuster made his valuation. He even commented, "This is the cleanest car over 5 years old I've ever seen...you must really take a lot of pride in it." I think that's key...they need to consider it "part of your family." I created a folder of receipts, improvements, mods, and similar cars on Autotrader and just handed it to him before he left. I had enthusiast articles about my W124 as "the best Mercedes ever made" and you could probably print the E30 articles like http://voices.yahoo.com/classic-germ...64.html?cat=27 and http://www.autoevolution.com/news/bm...old-55374.html for a little extra help.

In the end, they fixed the car without totaling it. They cut a check for about $4400 and valued the car around $6000-6500 way more than the average 95 E classes out there. It always helps to push harder.

Your E30 is truly impeccable. Sometimes I read your blog and documentation website just to relax on my lunch break. A lot of work went into it and its definitely fixable. My E320 needed the trunk, taillights, rear body panel (basically the core support in the back), bumper, and several hours of pulling to straighten the quarter panel. I bought a used trunk and bumper in the same color at a junk yard and the total body shop bill was only like $2200.

Hope this helps...sorry again for the headache.

[dvnchrstphr]

Rear ended - What to do?

I paid $1100 for a beater e21 320iS, drove the car for a year or two, was in an accident where the other party was entirely at fault, and made out out with over $5k collectively (before parting the car out).

You need to learn how to say "no, that's not good enough." Every offer they threw at me, I rebuttled with a tripled counteroffer and 2-3 good current examples for sale. I knew my car wasn't work $5k but I told them that it was a "rare 320iS" and that they command a much higher premium than the standard 320i.

There are people here who work with insurance claims and adjustments and they know much more than I do on the matter, I'm just telling you what worked for me.

In the end, they cut me a check greater than 4x what I paid, I kept the car at no charge, and parted it out for what I could, and kept all the best parts for one of my 2002 builds.

The moral of this story is to keep fighting. Remember: you did nothing wrong. You didn't ask for this. Your car looks like a really nice example too. You should have no issue finding current examples for sale in the $8-10k range to shoot to your insurance adjuster.

Good luck.

Thanks. This is what I've been thinking as well. There have been quite a few examples lately that have fetched a nicer price. They tried telling me I can only compare with local vehicles... Well, the car was purchased in California, so they should be using those examples. Most cars in Miami weren't in a condition I was comfortable with.

I sent them more figures and all my receipts. We'll see what they say. Ultimately though, you're right; I did not plan for this to happen and it isn't my fault.

Get all of your receipts together. This is the sad moment when you add it all up. Forward it to them, and get it all back. Fight for it, it's worth it.

Skimming through it I was near $5,000. It's amazing what's been purchased without me even realizing. I've been told all types of things like "only expect this percentage back on what you've spent," but like the above post, I did nothing wrong and I should get what was spent.

Thanks everyone. I'll keep you posted


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[mr2peak]

Get all of your receipts together. This is the sad moment when you add it all up. Forward it to them, and get it all back. Fight for it, it's worth it.

[phreshkid]

I paid $1100 for a beater e21 320iS, drove the car for a year or two, was in an accident where the other party was entirely at fault, and made out out with over $5k collectively (before parting the car out).

You need to learn how to say "no, that's not good enough." Every offer they threw at me, I rebuttled with a tripled counteroffer and 2-3 good current examples for sale. I knew my car wasn't work $5k but I told them that it was a "rare 320iS" and that they command a much higher premium than the standard 320i.

There are people here who work with insurance claims and adjustments and they know much more than I do on the matter, I'm just telling you what worked for me.

In the end, they cut me a check greater than 4x what I paid, I kept the car at no charge, and parted it out for what I could, and kept all the best parts for one of my 2002 builds.

The moral of this story is to keep fighting. Remember: you did nothing wrong. You didn't ask for this. Your car looks like a really nice example too. You should have no issue finding current examples for sale in the $8-10k range to shoot to your insurance adjuster.

Good luck.

[jeffnhiscars]

My 2c

1. You can settle physical damage completely apart from any personal injury claim
2. The value of the car is market driven so what's for sale and what has sold in your area are far more compelling than receipts, although receipts help to establish condition
3. If the damage exceeds 80% of the agreed value the. Most states require it be a total loss. It is highly likely they will use after market or used part prices for the repair estimate.
You pretty much always have the right to purchase the salvage rights back and they will take that out of your settlement check.
4. If they have suggested a $7500 value that's pretty generous IME but that doesn't mean you can't push them.
5. If the adjuster thinks its $6k in damage and is a decent guy you are rig at 80% so with a little tweaking! you could get close to $6k, clean title since you are under 80% and no cost to repurchase the car since it's not a total loss.
6. If you don't keep a tight rein on your lawyer he will wind up with your check :)

[Nick_S]

Man that's a gorgeous car. Hope it works out in your favor whether you save it or part it out onto a new shell.

[dvnchrstphr]

Thanks everyone for chiming in so far.

Whatever happens, you need to keep the car so you can put your good parts into the next one you get.

That is currently what's at hand. I'll explain towards the bottom of this post.

Don't use RealOEM for parts price, it's mostly incorrect and out-dated. Get an actual dealer to get you prices... If the car is original and has not previously had accident damage, you'll want it to be repaired with OE panels.

Noted. Originally I'd check Tischer or ECS for parts, but being worried and a little bit too anxious to compile my lists together, I ran to realoem..

That Can be fixed. The E30 Supply is dwindeling at an alarming rate.

Driver side door still open ok?
Roof not Buckled?

If no then it can be fixed. and I would fight to get the proper money to get it fixed right. Its an astonishingly clean car, would hate to see it scrapped.

Thank you.

The driver side door works fine and no, the roof did not buckle.

Week 2 into it, I'm starting to think things can have a happier ending.

I've heard a lot from different parties on how this can be solved and what I have the power to do. One thing I wasn't aware of when I first got hit is that even if a claims adjuster or body shop suggests I bring a car to someone or somewhere, I have full power to bring it there or not.

I've also learned that outside of personal injury, my car can be evaluated and written a check for sooner than I thought. I originally thought the personal injury would turn this into a year + event in which my car would have to sit somewhere for a year, gaining dust without it ever being fixed.

Last week: They valued the damage at $5,000-6,000 and was waiting on the appraisal (their own) to give us a number on the value of the car.

Monday: (May be potential mistake) They towed the car from my original shop to eliminate their expenses as the body shop has a $65/day storage charge. I gave them the okay to Progressive's garage. Both attorney and adjuster agreed to have it towed but only under my instruction.

Today I received a call from the adjuster with my car pending approval - valued at $7,500. That's nice, but I still have the recent parts installed and all maintenance done that wasn't included in there. My attorney said to fax them directly with every purchased receipt and have them add that to the total.

All of this sounds nice - especially with my receipts since I keep every receipt (but gas) in a home folder - but I don't want to expect anything just yet.

I spoke with another attorney - a BMW Enthusiast that fought for his cars in a similar situation - who says I need to get my car from them as soon as possible to put more leverage on my side. I'm going to have the car towed back to me while we await the next number or what we finally decide on for the car.

I'm starting to lean more and more towards saving the car. I'm weighing the options of A) repairing it right B) transferring parts over to another car (though will be impossible to find) or C) getting it to part out. Either way it would have to be based off of what we can settle on. I'd hate to see the car apart but who knows, my thoughts are still all over the place with it.

It would be nice to have the car back and a decent settlement, and option I didn't even think was possible but it may be.

[TimKninja]

That Can be fixed. The E30 Supply is dwindeling at an alarming rate.

Driver side door still open ok?
Roof not Buckled?

If no then it can be fixed. and I would fight to get the proper money to get it fixed right. Its an astonishingly clean car, would hate to see it scrapped.

[Thizzelle]

Before you give up, get a quote from a shop, don't just take the appraiser's estimate. I just had some damage to my quarter panel - it wasn't as bad but the appraiser said it was almost 3k in damage and so totaled... But the shop only wanted a little over 1k to fix, so not totaled.

yeah get own quotes. I did that before and then they wrote me a check and no total. This was for only a convertible top.

[nando]

the quarter panel can be replaced, but my question is - did the roof buckle at all?

you'd be dumb to let the insurance company keep it. they don't own it unless you sign it over to them - the "buy back" is really them just taking the scrap value out of your settlement check, but it'll be like $500. even if you just sell the wreck or part it out, you'll get more than that for it.

[13bpower]

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