Thank-you again for all the replies and input!

I wish I had a real update, but have yet to hear back from the dealership. A couple of people asked about the technician - I don't know his full situation but I know he wasn't hospitalized due to the wreck.

The more that I think about what possible resolutions would be acceptable, the less I like the idea of receiving back my car, even if it is repaired. Apart from the loss of value of having a salvage title, I know that my enjoyment of the vehicle will be significantly lessened knowing that it was pretty seriously damaged in the past. Also, given how delicate the engine has already proven to be I wouldn't trust it's reliability over the long term.

I've also been thinking about what I can reasonably expect (yes, getting the keys to a brand new JCW would be nice, but might be a bit improbable!) If I was driving the vehicle and the same accident happened, then getting the vehicle repaired would be all I could reasonably expect - if it was the other parties fault then add in a claim for the decline in the vehicle's value.

However in this case I delivered a vehicle to the dealership with a clean title, and don't feel I should get it back with a salvage title or an accident notated on it. As such I feel that it's reasonable to hold out for one of the following :

a) A comparably or slightly more expensive Mini with close to the same options with a clean title.

b) A Mini that is much more expensive with a slight out of pocket contribution from me (ie receive good trade in value on the destroyed Mini and a smoking hot deal on a new one).

c) A large check worth the retail value of my Mini plus a little extra for the inconvenience and annoyance of this whole situation.

Either of these seem reasonable to me - are there any other options you'd suggest I should look at, conversely am I aiming too low?


--Terminal

 

I would go with option "a".

Remember. One person caused this, and hopefully not on purpose or because he was doing something idiotic. Accidents are called accidents for a reason (that's what someone told me when I hit them a couple years ago, stuck with me ever since). Yes this situation sucks but don't burn your bridges with the dealership and make it harder on everyone. That's my opinion at least.

 

I'd be on the search for more info on the specifics of the accident.

 

To begin with I am sorry your car got damaged and I am glad the technician wasn't hurt. My wife's Town and Country van had a similar experience about 10 years ago. The van was in for a routine service and we got a call saying the car had been in an accident during a test drive.

The damage wasn't as extensive as yours but it was several thousands of dollars but not sufficient to total the car. We went through many of the questions and emotions you are going through and ultimately - because the car was not totaled - we settled on the dealership repairing the damage plus not charging us for the service which I recall was somewhere in the range of $700.

The dealership while very apologetic and responsive made it clear that anything more than what they offered would require us involving an attorney. Given that the repairs were totally covered and we didn't need to involve our insurance company we were satisfied - we did however talk to our agent.

I also believe that your concern about a salvage title should only be valid if the car is declared as a total and you subsequently elect to repair it and put it back on the road. If the car is not totaled and is repaired and returned to you then you should still have a clean title but it will likely show having been in an accident on a CarFax type report due to the police report that was most likely filed. I may be wrong but I think this is how it works in MA.

If the car is totaled you are in a much stronger bargaining position as this specific car is out of the equation. I would certainly talk to your insurance agent - if you use one - and get their advice. Mine - an independent agent that I have used for 20 years - has always been a great advocate.

In any event sorry about the accident, best of luck getting a satisfactory resolution and I'm glad no one was hurt.

 

As the poster above mentioned, if your car is repaired, you wouldn't get a salvage title, that only happens when you repair a vehicle that was a total loss. In your case, I really think the lack of updates is because the dealer has not heard from the insurance company. In their eyes, once they pay out their deductible, the issue is essentially resolved. Anything beyond that is of their own good will and that is where you may be compensated. Once the repairs are done or your car is declared as a total loss, then you can probably negotiate with the dealer on what they can do to help you given the situation.

In the meantime, I would look for updates from your insurance company's adjuster and not the dealer, since their insurance company will be working with them to limit the cost of repairs, unless you did not plan on using your insurance at all.

 

Make the dealer BUY your wrecked mini. Let them deal with selling it (as you would ultimately end up having to do). Then make a nice lowball offer on a newer mini on the lot. The dealer still gets to sell 2 cars now, possibly recoupe some loss, and you get a great deal on a newer mini. Everybody wins. Sorta...

 

If not totaled, this is what I would want to do. They should be reasonable enough to work with you and keep you as a customer. They can recoup the cost of the repair through the sale of the used car and not make much on you new/newer car you buy as a good will gesture. You are inconvenienced with having to start a new payment and possibly pay more, but if you can get more car it could be worth it, assuming you are in a position to do that...not everyone is.

 

Update : Sadly, no real update as of yet - apparently the dealership, dealership's insurance company, and body shop are still figuring out their options.

Fortunately I have a loaner car to move me around, but it will be nice to see some forward movement on this sometime soon!

--Terminal

 

hope your beating the living **** out of that loaner! lmao

keep showing up and bugging them, like, daily. then watch how fast they make you a decent offer just to get rid of you! and be super nice the whole time each day! it will drive them crazy. dont suppose youve made Them an offer? howd you like my idea of selling them your ride and buying one of theirs?

 

Sounds like if its taking this long to make a determination, they are not leaning towards totaling it. They may be searching for some estimates of pricing/ availability of used parts. If they can't find those they will have to use new parts which will cost substantially more and that would lead them down the path of totaling it.

 

Well, if it's not totalled then I am going to be pursuing the option of getting them to take it as a trade in!

Just got off the phone with their insurance company - they have requested an outside appraisal of the damage, so I have another 3 days or so of waiting before finding out total/repairable/etc.

What fun, fweee....

-Terminal

 

Color me naive, but I did not realize that an insurance companies' first estimate is based on using used parts. I found this out today (mine was in an accident a day or so after terminal's) as my estimate was just prepared. But according to my body shop, you can refuse the used stuff. He always does since he won't put a car back together with used parts unless he has to.

I'm sure there's plenty of people who don't know this/don't care, but I'm not one of them.

Really curious how your situation turns out, terminal. I know how it should turn out...

 

If that. Could be someone pulled out in front of him without looking. That, too, happens all the time.

I'm a bit surprised by all the vitriol over the guy who was driving it. Accidents happen. That's why they're accidents. Nobody does it for fun. (I think.) And the poor mechanic who was doing the test drive? Neither he, nor anyone he works with, are ever going to forget it.

 

If you have decent insurance .... you should turn this over to them . . . 'they' are figuring out their options. Shouldn't you be in those discussions? You will be once you turn on your insurance .. unless:

if your insurance does not want to get involved

if then

after this is over, get new insurance.

I'm old ... have probably dealt with insurance companies many more times then you have. aka I have experience. (but GOOD insurance too)

 

I'm wondering with the advent of on-line insurance if there is truly anyone there to advocate for you as a customer. I had someone back into the front of my Clubman earlier this year - in a no fault state - and my insurance company wanted to use used parts because the car was over 24 months old. Initially, at the advice of the MINI recommended body shop, I contacted the adjuster directly and after some conversation was told sorry but it was policy - used parts would be used. Fortunately, I still use an independent agent and when I approached the owner of the agency she got involved and within 24 hours I had new parts - no problem. I'm not sure what the cost delta was on the parts but given that both the radiator and intercooler were replaced I'm much happier having factory OEM parts. It was amazing what looked like a very minor scratched bumper ended up costing $3K.

 

I believe the dealership is waiting for the insurance company to determine if it's a total loss or not, at which point they will be in contact with me for discussions.

If at any point I am unhappy with how things are turning out then I will be bringing in my insurance company and/or lawyer.

I can afford to give them a bit more time to get their crap together - I have replacement wheels (loaner from them - it's an automatic but I can rough it I suppose)!

Also, someone else mentioned that they were surprised by the amount of vitriol raised against the tech who crashed it. I still like to believe it was in fact an accident and do not bare him any malice or anger. Really, at this point it is up to the dealership to make things right by me.

--Terminal

 

30 years ago I had an accident

the other guy backed into me .... {if you are backing you are wrong in the fault world} ....

he was very sorry and begged me to not call the cops or involve insurance. Here's all my info and I'll pay . . .

wanna guess how this turned out?

now I call my insurance FAST ..... and incidents that are obviously not my fault have never - NEVER - caused an increase in my rates

but I'll repeat, not all insurance companies are the same .... and a new customer vs a 25 year customer MIGHT make a difference

 

Call YOUR Insurance Company NOW!!!!!!!!
The longer YOU wait the worse it will get. You pay for them to do their JOB.
CALL THEM NOW!!!!!

 

I will second with dealing with your insurance company.

If anything you have two estimates or two options to compare against.

Some drunk driver hit my truck a few years back and took off and got caught.

I called my insurance company with police report. Fixed everything that was broke and then some due to modifications that work with another. No deductible either as I ask the other insurance to pay and they agreed to pay that up front.

Situation as obvious as this, take advantage of it man. It is their fault.

If anything I wouldn't trade it in to that particular dealership. Go to another dealer have the deal done and take the settlement there. Don't believe for a second they will give you a deal because they crashed your car. That is as naive as you can get.

Get a fair market value for your vehicle and call it done with that dealership. Why bother dealing with them? Didn't they crash your car and taking sweet **** time?

 

I'm surprised you haven't contacted your insurance yet. I'd do that immediately, as others have said. It can only help. IF the dealership is considering trying to settle this with you unfairly, it will be in your best interest that they know your insurance company is standing behind you.

 

Let me jump in the "call your insurance company now" bandwagon. Why have you chosen not to do so???? Like some have said so, this would have been the VERY first thing I would have done. Best of luck getting this sorted out.

 

As someone pointed out above, it's a fairly standard practice to use used parts on cars that are older than 2 years. This will depend on what your policy states and in this case, what the dealer's policy stipulates.

Depending on how good your insurance is, this is where filing the claim with your insurance can be beneficial if your coverage is superior.

I'd be curious as to what the adjuster figured for repair costs. I would also have an independent shop have a look at it if it can be driven. You should probably pick up a copy of the police report as well for your records or if you end up needing to go to your insurance company but have waited at this point.

Also, don't forget to look into being reimbursed for loss of value in the vehicle. Minis are known for very high residuals so you should look to be made whole for the difference in what the vehicle is worth after repair vs the fair market value prior to the accident.

 

Lots of great advice given here, however, CALL YOUR INSURANCE COMPANY is by far, the best advice of ALL!!!

 

I believe that you should not take back your vehicle as it will never be the same as it was before the wreck.
Make the dealership purchase it at total value before the accident and and get a year end model at their cost !

 

Also,
I would contact a lawyer before you contact your insurance company.

Why involve your insurance when its not your fault this all happened . . . . . . . . . .