My Baby Got Smashed Today

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Dec 23, 2004 | 11:48 AM

#51

bobrillings

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Joined: Oct 2004

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Quote:

Originally Posted by PeterF' date='Nov 1 2004, 11:16 PM

I took some pics of the car today, for those who wonder what it looks like when you're rear-ended by a tow truck. Note the closed gap on the door, and on the photo of the roof how the windshield was pushed up and bent up the roof a little...

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Dec 26, 2004 | 10:53 AM

#52

drjbmw

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Joined: Dec 2004

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From: So. California, USA

Quote:

Originally Posted by PeterF' date='Dec 7 2004, 09:43 AM

The car is still in the body shop, being worked on. Once the body shop is done, service will get it to check out and fix all the elctronics, etc. -- in short, they're not sure if I will get it back by Christmas.? :'(

Insurance adjuster is cooperative about paying the repair and rental car, but says I cannot claim "diminished value" in Delaware. My understanding is that this is true for claims with your own insurance company, but this is a third-party claim against the other guy (who was completely at fault), and I believe in this case one CAN try to claim dimished value. Of course, a different problem is to prove just by how much the value of the car has been diminished by this accident.

Any lawyers out there who can confirm (or deny) my understanding of the situation?

Thanks
Peter

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Hello Peter,

Just read your post today.... Not an attorney, but very familiar with Insurance industry as I deal with them on daily basis.

Please contact the Pre-Owned manager at your BMW Center and ask him to provide a "trade in valuation report" for your E60. show him the pictures and ask him to include the depreciation amount caused by the accident in his report. Then ask him to provide a similar report for an E60 just like yours that has not sustained substantial damage in a collision. You may want to have another high end dealer (Lexus, Benz) to do the same for you.

Once you have your reports, contact the insurance adjuster and his supervisor and inform them that you have suffered substantial "financial losses" due to their insured's fault and you intend to seek legal action against their insured to recover your losses. Ask them to respond to you in writing within 72 hours from receipt of your letter stating their position in regards to indemnifying their insured. Make sure you mail a copy of your letter to the driver and the tow company at fault and your insurance commissioner via "certified mail"

The party at fault is legally obligated to restore your vehicle to it's "pre accident condition" and to pay for any and all losses that you have suffered due to their fault.

Good luck and let us know what happens.