[tbonecopper]

Ok. So some of you may remember when I was in my accident on October 25th, 2006.

Briefly re described, I was coming home from Orlando, in between Palm Coast Florida and Daytona Beach Florida, going about 120 mph at 4:30 in the am. It was very foggy and next thing I know, I hit a piece of plastic the width and height of my car, very large.

My 330i never went airborne, or lose traction, however the front end was severly damaged, shattered all my headlights, and I lost all coolant and oil.

In the end, the engine was displaced 8 inches or so to the right, and many part of it had to be repaired or replaced. I had it towed to Tom Bush BMW of Jacksonville, my local BMW dealership, and it took their Collision centre about 1.5 months to fix it.

I paid my deducitble through State Farm Auto Insurance, once it's repairs were completed.

Now, almost 3 months later, I am having engine problems, stalls, transmission slips, problems starting the car, etc... For example, the other day I was pulling out of a road on Atlantic Blvd. In the middle of that road is a divided median that's used as various turn lanes. About 1/4 of the way into that median to merge into the lane I needed, my car 's transmission stalled, iDrive said Transmission Failure, and it wouldn't budge. I was stuck in what seemed like in Neutral.

Seeing that there was a Semi Truck headed about 50 miles per hour towards me, carrying the truck bay part, I threw the car into neutral, then back into drive, step tronic, and 1st gear, and it picked up and I got into that lane just in time. If he had hit me, I would have been killed, and it would have been a horrible accident.

So I turned around once this happened and took it to the dealership. Friday I have an appointment to have it looked at....

It's idling very hard, shakes, and when I start the car, there is this loud clicking noise from the engine...seems I recall a thread about this from a few days ago, it's not the same noise.

My question is: Can I appeal the decision made by my insurance company ? Many people at the dealership believe the car should have been totaled considering the amount of engine damage and the cost. But State Farm insisted it was ok, and paid to have it repaired, minus my deductible.

Now I'm having problems, which the tech's at the dealership said are due to the accident, and the shock the engine itself sustained. Problems that are now arising but weren't detectible at the time of the accident.

What can I do about this? Or what should I do? I know the problems are only going to get worse, and it's going to cost a pretty penny to have fixed. Can I appeal the insurance companies decision not to total my car?

I do not feel safe driving it now. As I've stalled for no reason at red lights, then the transmission failure, idling hard, etc....

What is your opinion on the matter?

Regards
Mike

[John 070]

I'm no expert since I've never filed a claim. But I think it's quite obvious that your car is not in an acceptable condition. We drive BMWs because they perform well--yours sounds like it can't even go from point a to b.

My guess is the insurance co. adjust needs to experience the condition you describe, and then they need reassurance from the dealership that it's related to the accident. At minimum, they should provide a new powertrain. If that's too costly, then total the vehicle. Good luck. I like to think things must make common sense--you're being given the car as you describe would not be a fair outcome.

[HereAgain]

If I were you I'd consult an attorney. It sounds to me like you have a good case. Remember, insurance companies are in existance to make money, not take care of their clients. I'm not a "sue happy" person, on the contrary. But in a case like yours I sue them for sure.

[tbonecopper]

Well the only things the service advisor couldn't duplicate was the sudden transmission problem. Everything else is very obvious...

And you're right. A new powertrain (engine right?) or a new car...

If they total my car, how do I go about getting it replaced? I've never had that happen. Do they give me a check for what mine is worth? And I just use that towards a new model?

[HereAgain]

Originally Posted by tbonecopper

Well the only things the service advisor couldn't duplicate was the sudden transmission problem. Everything else is very obvious...

And you're right. A new powertrain (engine right?) or a new car...

If they total my car, how do I go about getting it replaced? I've never had that happen. Do they give me a check for what mine is worth? And I just use that towards a new model?

Unless you had "gap insurance" you will take an approximate 10K loss on the car if they total it, which is what you want. (Not losing 10K, getting them to total it! )They'd give you high blue book, probably, and yes, you could take that and pay off your existing loan and then go purchase a new car. But again, if I were you, I'd consult an attorney. You have what seems to me to be a very strong case.

[tbonecopper]

Well a major concern is, I put down 22k on my lease as a down payment...something tells me that will be p***ed away lol

[HereAgain]

Originally Posted by tbonecopper

Well a major concern is, I put down 22k on my lease as a down payment...something tells me that will be p***ed away lol

Nah, you won't loose all of that. I don't see how that would happen, but I'm not familiar with leases. Talk to an attorney tomorrow, bro. It's the only way you're gonna get this sorted out.

That's what I'd do for sure. Keep us informed on how things go.

[Lassaxi]

Originally Posted by HereAgain

If I were you I'd consult an attorney. It sounds to me like you have a good case. Remember, insurance companies are in existance to make money, not take care of their clients. I'm not a "sue happy" person, on the contrary. But in a case like yours I sue them for sure.

+1 If you can't get this resolved on your own, you need to talk to an attorney. That doesn't mean you will end up suing anyone, but you need to know what your rights are here.

[Zeroday]

Originally Posted by tbonecopper

Well a major concern is, I put down 22k on my lease as a down payment...something tells me that will be p***ed away lol

who the heck puts down 22k on a lease?

[Lassaxi]

Originally Posted by HereAgain

Unless you had "gap insurance" you will take an approximate 10K loss on the car if they total it, which is what you want. (Not losing 10K, getting them to total it! )They'd give you high blue book, probably, and yes, you could take that and pay off your existing loan and then go purchase a new car. But again, if I were you, I'd consult an attorney. You have what seems to me to be a very strong case.

I thought I read someplace that leases from BMW finance include gap coverage?

[tbonecopper]

Originally Posted by Zeroday

who the heck puts down 22k on a lease?

I did, simply to get the payment I wanted....I know it doesn't make sense. but if you knew the entire situation, it would

[BK]

Originally Posted by tbonecopper

If they total my car, how do I go about getting it replaced? I've never had that happen. Do they give me a check for what mine is worth? And I just use that towards a new model?

I've had a car totaled. Not a leased car, but an owned one. I don't know if it's treated any differently. In any case, they just gave me a check for the value of the car.

[JSpira]

Originally Posted by tbonecopper

Well a major concern is, I put down 22k on my lease as a down payment...something tells me that will be p***ed away lol

In general principle, yes. A cost cap reduction isn't necessarily recoverable if your car is stolen or totalled. This is why it is not wise to put any money down (no matter what the circumstance is, it is a bad idea as you are finding out).

I believe that this is because the insurance company's obligation is to pay off the car's current value to the lessor. The insurance company doesn't really have an obligation to pay anything to you.

My recollection may or may not be entirely correct, but most of it probably is.

[tbonecopper]

Still doesn't sound promising...because of my large downpayment

I'm thinking about calling Financial Services tomorrow and asking them about my downpayment, if I can utilise it towards a new one, like bringing this one into a dealership and just trading it in.

i"m at my wits end lol

edit in ref to jspiras post: fabulous, just fabulous. that's all i can say...i'm screwed out of 22k i'll never get back, quite possibly anywaay...

[JSpira]

Originally Posted by tbonecopper

Still doesn't sound promising...because of my large downpayment

I'm thinking about calling Financial Services tomorrow and asking them about my downpayment, if I can utilise it towards a new one, like bringing this one into a dealership and just trading it in.

i"m at my wits end lol

edit in ref to jspiras post: fabulous, just fabulous. that's all i can say...i'm screwed out of 22k i'll never get back, quite possibly anywaay...

Remember, each situation will vary based on circumstances.

HOWEVER, since the insurnace company made the decision NOT to total the car, they are obligated to repair it and it is NOT uncommon for missed items to be detected after the initial repair.

Therefore, the insurance company may be on the hook to complete the repair (after all, I doubt they would want to total it after footing a big repair bill) anyway. Hope this makes you feel at least a little better.

BTW, exactly why did you put so much money down on the lease? Please don't say lower payments, because you end up paying the same amount whether up front or monthly (give or take a few %).

[tbonecopper]

Remember, each situation will vary based on circumstances.

HOWEVER, since the insurnace company made the decision NOT to total the car, they are obligated to repair it and it is NOT uncommon for missed items to be detected after the initial repair.

Well hopefully when they get off their arse they can send an adjuster to look at my car...and determine the proper course of action...

Therefore, the insurance company may be on the hook to complete the repair (after all, I doubt they would want to total it after footing a big repair bill) anyway. Hope this makes you feel at least a little better.

A little, yes...thanks ... what I'm worried about is if they total it, will I get
to re use that 22k on a new one?

BTW, exactly why did you put so much money down on the lease? Please don't say lower payments, because you end up paying the same amount whether up front or monthly (give or take a few %).

I put so much down to keep my payment at 336.06 per month. I can't afford much more than that per month. I traded in my MINI cooper which had a payment of 389 per month.... I'm aware in the end I'm basically paying the same amount...for now it's a matter of convenience... if that makes sense :

edit: sorry for the various spelling errors, I'm stiting out side the local hookah lounge, and it's bloody cold here in jacksonville

[rrandyy]

I thought I've read multiple times on this forum that if you total a car while on a lease w/ BMW you lose the money you put down as a down payment...

[tbonecopper]

that'd be my luck..i'm pretty sure that's what happens...i have to review my lease paperwrk and talk to the sales folk i originaly dealt with

[JSpira]

Originally Posted by tbonecopper

that'd be my luck..i'm pretty sure that's what happens...i have to review my lease paperwrk and talk to the sales folk i originaly dealt with

tbone, any news?

[carl_lazlo]

Originally Posted by tbonecopper

.... going about 120 mph at 4:30 in the am. It was very foggy and next thing I know, I hit a piece of plastic the width and height of my car, very large.

I'm always amazed at what people admit to on these forums.

[JSpira]

Originally Posted by carl_lazlo

I'm always amazed at what people admit to on these forums.

Ja, it boggles the mind.

Of course, since driving 120 would be gross negligence given the prevailing speed limit, the OP is lucky he got anything.

In Germany and Austria, if you have an accident that is caused by gross negligence (driving in snow using summer tires), you would not be covered.

[tbonecopper]

Well thanks for the support jeez...

And no, I have't heard anything from the insurance company, but the dealership is going to have my car for about 2 weeks for various repairs

maybe it'll be fixed