Sorry to hear man.
Since it is 2008, it will not be totalled. It would have been if it was an 04 or 05. There is probably about $25K worth of damage, more if airbags deployed. I'm not even kidding.
This was a $16.5K fix:



Ask for diminished value settlement from your insurance!

 

That 2nd to last pic is cool...all unzipped.

Sorry to see your car like that....never a good site.

 

Make sure you use this opportunity to replace the front and sides with MTECH stuff. This loss can transform your E60 into the car of your dreams if you're smart on how you use the repair money. Talk to Trinity, arrange for new front and sides to get shipped to the repair shop, save the remaining money estimated to replace OEM front etc with other mods. Or, put it in the bank. =p

 

If the airbags in the other car posted by texaz3 went off and the ones in your car not, there is definitely something wrong and you can sue BMW and make a lot of money out of this.

 

its only a car dont worry as long as everyones ok don't worry about it, Hope it gets fixed soon

 

seriously if your air bags did not deploy-you have discovered either a one in a million fault in your car or a design flaw depending on how big of a vehicle this lincoln was-to not set off sensors despite totalling your front-very wierd.

I dont know going 20mph my front looked about 1/10th as bad and it ended up being 13k (i had rear damage to from the person behind hitting me after I rear ended someone) but still.

Your entire front aluminum frame will have to be replaced, entire front end rebuilts-hood,-this is easily 28k of damage but no chance they will total this-and nor should it be totalled-just make sure you get an aligmnet afterwards but this is all cosmetic stuff and a front end hit like that will not effect anything once fixed properly-

 

Ouch... looks bad but most importantly, your OK. Good luck with the repairs and I hope to see some more mods with the great opportunity

 

Looks repairable - but only at a BMW Certified Repair shop. Your "hit" is mostly high and the impact force was low enough that the airbags didn't need to deploy. The other passive systems were sufficient to prevent serious injury to the occupants (your Mother)!

That said, don't be shocked about the cost and time to repair your car. It will hit Carfax and BMW's record for the car as well. Long term drive-ability and reliability should not be affected - resale value may take a minor hit. Aside from bodywork it looks like you'll have several part and accessory replacements. Pay particular attention to turbos, A/C stuff, Electronics Modules, cooling system, etc.

Once again, since the hit looks "high" it's not likely the engine and drivetrain suffered any damage but a BMW shop will go thru it in detail. Good luck dealing with your insurance company ... this is when they look to nickel and dime you ...

 

Even if the airbags should have gone off but did not, that is not enough for a successful lawsuit. There would have to be a causal connection between the failure of the airbags to deploy and actual damages. If the OP's mother was not injured in the accident or if she had injuries that could not be linked to the lack of an airbag deployment, there would be no grounds to mount a successful lawsuit.

 

Grammar fix.....Sight....my bad. Shame on me.