have you talked to YOUR insurance company. Representing you by going after the dealership's insurance is what you've PAID them to do!

get your lawyer by involving your insurance company .. .

 

Not sure where OP is located but his insurance company would not go after the dealership's insurance if he's in a no-fault state.

 

Lawyers are sometimes called for in cases of injury where the dollar amounts grow into six-figures, but seldom are involved in a property damage only case. Let this run its course - my guess is that the car will be totaled, the insurance company representing the dealership will make a fair offer, and to make you happy the dealership will put you in something equivalent for a good price.

- Mark

 

That type of front end damage will total a MINI. My 05 was totalled and looked almost identical in damage to yours.

 

that really is unfortunate .
& I must say you seem very calm and nice about this.
But that said . there is NO way I would drive off the lot with the car "fixed", even if they do it all and cover the work you went in for.

The car will have a history (ie: car fax and dealer) as now having an accident . if you later sold it , I for one would pass.

Your car (and I did a quickie on KBB ) is prolly valued at about 15K
If it were me (and your timing could be really good)
I would say a '12 loaner or demo ... value about 20K to 23K . would be a perfect solution.
They can still fix and sell yours, and not have to make bank on the '12.

at least for me the math works and would be fair.

I must tell you ... "squeaky wheel gets the grease"

I was in the Motorcycle and also Car biz (many years ago) still have friends in both .
My advice is to say NOTHING ! Untill they let you know what the can / want to do for you.
My experience is that they can often do MUCH more than you even think is possible.
Dont answer or jump at what they offer .

 

The incident happened in California, but I have not contacted my insurance yet, nor have I contacted a lawyer.

I'm still waiting to hear back from the dealership as to what the damage is and what they're prepared to do. I'll break out the heavy artillery then if I need to.

I appreciate the input guys, it's definitely given me a lot to consider!

--Terminal

 

I live in a no-fault state and my insurance sure went after the folks who damaged my car .... I didn't have to do a thing other than 'turn them on'

my out of pocket cost to repair

zero

my rate change

zero

my effort to get there?

"isn't that what I pay you to do?"

"yes sir, it is . . . "

then: take it anyplace you want to repair it and have them contact us . . .

of course

some insurance companies are better than others . . .

 

Terminal, so sorry to hear about this. Hope it all works out in your favor.

 

You really shouldn't have to come out of pocket for this. The accident was in no way your fault; whether the car is repaired or totaled and replaced, the dealership is entirely responsible for the outcome. Their test driver shouldn't have been negligent and I'm quite sure the dealership has insurance for such instances. You should notify your insurance company so they can hammer out a fair deal for you.

 

Ahh so here's the other PW with bad luck this week. Sorry to see this craziness, terminal. And at the dealership, no less. Really is unfortunate that yours now has a CarFax. Mine is going to be staying in the family so I'm not worried about that - if I were, that dealership would have some tough decisions to make.

Best of luck, compadre.

 

I saw your unfortunate little PW Albie, every PW off the road makes me sad :( the color is really what drew me to my MINI. Pepper White really looks good on these cars...

 

This just makes me sick. I am so sorry. But, I must commend you on your attitude. I wish more often people would assume the best out of others.

 

Judging by the nature of the damage, it appears that the driver was either negligent, or driving reclessly. I'm no lawyer, but my guess is, you might be in a position to bend the dealership over a barrel.

Do you have a friend who is a lawyer? If so, I would consult them to see what your options are. I would be thinking about:

1) No charge for the work they did. They were not able to delive the car back to you after the work was done, so you shouldn't have to pay for it.

2) A new car at dealer cost.

3) Loaner car while it's being sorted out.

 

Oh, give us a break. All you can tell from the damage is that the driver rear-ended someone, probably following too closely. Like this isn't a common accident scenario? Happens thousands of times every day. Maybe the driver was fiddling with the car trying to confirm that an issue was solved, got momentarily distracted, and someone slammed on the brakes ahead of him.

I'm not trying to say that it wasn't the driver's fault, but to conclude that he/she was driving "reclessly" [sic] with no other information is just silly.

- Mark

 

My Aunt just got into a car accident over the summer (she owns a Hamster Car aka Kia Soul) and she was the middle car in a three car accident on the highway.. She had extensive damage on both front and rear of her car, but no frame damage.. They fixed it and it totaled 17k in damages just on her car. So it all depends on the insurance company and what is going to make them profit..

 

Go sit in the showroom JCW and ask them to open the bay doors ;-)

 

Some people choose insurance companies for coverage. Others choose them for service.

 

Isn't the service they sell... coverage?

 

It should not affect your insurance rates. You were not driving. Your insurance company could repair it and they in turn would go after the dealerships insurance company.

 

EXACTLY! The dealer's insurance will probably try and fix it as the cost of repair is probably less than what they would have to give you for it. But the title will 99% most likely be reconstruct/totaled since the airbag deployed. You definitely do not want a car with a reconstructed title. IMO you should fight for a check and just see what kind of deal the dealer will give you on a new (or new to you) one.

Good luck!

 

Is the technician ok ?

Air bag going off means new headliner,.....most cases they are only in Germany and can take up to a month to get, are not cheap and labor intensive to install. Also means total reconditioning of interior as that powder gets all over everything including behind dash controls and buttons and switches. It's like exploded talc powder if you could imagine that.

Damage up front can be deeper than they appear. Radiator, radiator support, brackets, braces, exhaust maifold, turbo impacted (?), seals, gaskets, lines, headlight(s), bumper, paint ect....this stuff adds up pretty quick.

Maybe they will give you top KBB retail for it towards new MINI !

Hope the tech is ok.

 

I like your way of thinking. :-)

 

Texas is a no-fault state. When our newly purchased Samsung refrigerator decided to vomit out water all night long (gasket in ice maker blew out sometime after midnight), ruining 1000 sq ft of hardwood floors and wool carpets, our homeowners insurance covered everything (including relocation costs during restoration), and then went after Samsung's insurance to recoup their expenses.

What I learned was: Rely on Samsung's insurance company, and fight every expenditure, or use my own insurance company (Liberty Mutual... the ones who offer a discount to MINI owners), and get everything taken care of the way I wanted it. My deductible was covered.

BTW: It was Samsung's insurance company that told me my insurance would take better care of me than they would.

 

Actually, no. They sell products (policies), not service. Some companies/agents don't do crap for you other than sell policies. Others will actually act as your advocate in getting things sorted out.

Having a policy allows you to operate your vehicle in compliance with the legal mandate for insurance. It doesn't ensure that the company will "take care" of things when something bad happens. As many people find out, having coverage and getting a claim paid can be two very different things.

 

First of all it's very commendable that you are taking such a level-headed approach to the whole incident. Kudos to you on that as I would have lost it at this point.

Now as for the car, the dealer won't be likely to be able to do anything about this just yet. As far as they are looking at, this is now in the hands of the insurance company. They can't just start repairing it without approval and they can't assume it's totaled without that coming from he insurance company. You would have two options with the insurance claim; either leave it to the dealer's company to pay for the repairs and notify your insurance company of the loss or you can file a claim through your own insurance. The reason so many people will file with their own insurance is that you will now have your company working for you to make the repairs to your satisfaction and then foot the bill to the dealer' insurance co. They want to keep you as a customer and will work with you rather than just trying to keep repair costs down. The downside is that you are out your deductible until you are reimbursed by the dealer's insurance, which really isn't that bad, but can take months.

The value will definitely be diminished if its repaired and for some reason, cars with accident damage just never seem to drive the same afterwards. If it isn't totaled, then I would personally look to trade it in with that dealer and work to get the best deal on a new car or certified one, that they will give considering the circumstances. Also, I wouldn't assume it's totaled just yet, as cars that are more than two years old usually get used parts in repairs and not new parts. This may bring the repair cost within reason considering MINI's high residual value, so long as there is no frame damage.

Best of luck and hope this works out!