AUTOBAHN BMW Fort Worth ragged my car and wrecked/totaled it on a test drive! [case now closed - after 16 months...] - Page 189 - BMW M5 Forum and M6 Forums
E60 M5 and E61 M5 Touring Discussion 2005- Advertiser's Forum

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post #1881 of 1905 Old 25th July 2012, 02:31 PM
chakka
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What car did you end up getting? We know where you didn't get it from and where it won't be serviced.......
I think I was so intrigued with your story that I didn't look at your avatar. 2007 silver/black.........

09' or 10' M5 (NOT SOON ENOUGH!)
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06 M5 Interlagos Blue, Silverstone II(full) (Sucks, but gone)
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post #1882 of 1905 Old 25th July 2012, 07:56 PM
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Again, that was quite an ordeal but I'm glad to see that now, you have an impressive and amazing beast with that VT2!!!

Let me know when you come down to the DFW area next. We'll work on that SMG stuff.
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post #1883 of 1905 Old 25th July 2012, 09:43 PM
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I was on the phone with my service Rep today and mentioned this ordeal and he said everyone in the BMW family has heard the story in one form or another. It sounds like this dealer has earned "black sheep" status in the BMW community over this fiasco. My Rep told me if one of his service techs crashed my car I'd have a check for my purchase price or a new car waiting for me before I even made it to the dealership . . .
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post #1884 of 1905 Old 12th August 2012, 11:06 AM
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Question for the OP and maybe anyone else that understands the inner workings of insurance companies...

I've gone back and read a lot of the initial postings and there's one aspect of the story that I still don't understand. And that has to do with the OP's insurance company. I was taught that when you have an accident, the first thing you do is report it to your insurance company so that they can get involved on your behalf and start the ball rolling on the claim. But the OP's carrier doesn't seem to be part of the story here (or at least this thread), and that seems unusual to me. Wouldn't the insurance company have covered the loss? If the OP had made a claim with them, would that have precluded the eventual lawsuit against the dealership for additional damages? I'm thinking that given the circumstances, the OP's insurance company might have been able to get the FMV loss reimbursed by the dealer's carrier, but perhaps it's not that simple.

If standard auto insurance doesn't cover situations like this it would be interesting to know why.
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post #1885 of 1905 Old 13th August 2012, 02:52 AM
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Originally Posted by Joe X View Post
Question for the OP and maybe anyone else that understands the inner workings of insurance companies...

I've gone back and read a lot of the initial postings and there's one aspect of the story that I still don't understand. And that has to do with the OP's insurance company. I was taught that when you have an accident, the first thing you do is report it to your insurance company so that they can get involved on your behalf and start the ball rolling on the claim. But the OP's carrier doesn't seem to be part of the story here (or at least this thread), and that seems unusual to me. Wouldn't the insurance company have covered the loss? If the OP had made a claim with them, would that have precluded the eventual lawsuit against the dealership for additional damages? I'm thinking that given the circumstances, the OP's insurance company might have been able to get the FMV loss reimbursed by the dealer's carrier, but perhaps it's not that simple.

If standard auto insurance doesn't cover situations like this it would be interesting to know why.
I think it came down to a matter of perceived value, if I understand the course of events.
The value of OP car totaled would amount to, what, <50k.
But a check for that amount would not be able to adequately compensate for the perceived value from OP POV.
Hence the litigation...

Shih-han

2014 CTS-V-phantom gray, manual
2010 Escalade ESV-black raven

Prior Rides:
2010 CTS-V-black raven, auto
2008 M5-metallic sapphire black, SMG
2007 MB GL450-black
2004 645Ci-metallic sapphire black, sport pack., SMG
1997 Nissan Maxima-black
1989 Honda CRX-white
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post #1886 of 1905 Old 13th August 2012, 03:08 AM
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Quote:
Originally Posted by Joe X View Post
Question for the OP and maybe anyone else that understands the inner workings of insurance companies...

I've gone back and read a lot of the initial postings and there's one aspect of the story that I still don't understand. And that has to do with the OP's insurance company. I was taught that when you have an accident, the first thing you do is report it to your insurance company so that they can get involved on your behalf and start the ball rolling on the claim. But the OP's carrier doesn't seem to be part of the story here (or at least this thread), and that seems unusual to me. Wouldn't the insurance company have covered the loss? If the OP had made a claim with them, would that have precluded the eventual lawsuit against the dealership for additional damages? I'm thinking that given the circumstances, the OP's insurance company might have been able to get the FMV loss reimbursed by the dealer's carrier, but perhaps it's not that simple.

If standard auto insurance doesn't cover situations like this it would be interesting to know why.
I might be wrong, but if the Dealer’s employee was driving the car and damaged it, then the dealer (or their insurance) would be liable for the damage, repair or replacement. The owner's insurance could cover the repair, but this could lead to increased premiums for the policy holder.
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post #1887 of 1905 Old 13th August 2012, 04:39 PM Thread Starter
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Quote:
Originally Posted by Joe X View Post
Question for the OP and maybe anyone else that understands the inner workings of insurance companies...

I've gone back and read a lot of the initial postings and there's one aspect of the story that I still don't understand. And that has to do with the OP's insurance company. I was taught that when you have an accident, the first thing you do is report it to your insurance company so that they can get involved on your behalf and start the ball rolling on the claim. But the OP's carrier doesn't seem to be part of the story here (or at least this thread), and that seems unusual to me. Wouldn't the insurance company have covered the loss? If the OP had made a claim with them, would that have precluded the eventual lawsuit against the dealership for additional damages? I'm thinking that given the circumstances, the OP's insurance company might have been able to get the FMV loss reimbursed by the dealer's carrier, but perhaps it's not that simple.

If standard auto insurance doesn't cover situations like this it would be interesting to know why.
You said you were taught the first thing you should do when you have an accident is to contact your insurance. I had no involvement in the events that took place.

There was no benefit to contacting my insurance. I did anyway because I thought they needed to know what happened. They took my report but said they could not get involved unless I filed a claim. They also advised me that I could not receive depreciation through my own insurance. Contacting them actually hurt me because even though I did not file a claim my insurance assigned my report with a claim number. The Defense tried to use this in court as evidence that I could have lessened my damages if I would have processed this claim even though it never was a claim. They actually tried to say that even though I had nothing to do with what happened I should have took a hit on my own insurance. Of course, the jury didn't see it this way as it is ridiculous.

07' M5 SILVER/BLACK
ESS VT2
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post #1888 of 1905 Old 13th August 2012, 06:52 PM
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post #1889 of 1905 Old 13th August 2012, 08:33 PM Thread Starter
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post #1890 of 1905 Old 13th August 2012, 09:12 PM
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congrats to the OP for getting it settled.

Last edited by tradin1; 13th August 2012 at 09:13 PM.
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