Need advice: new cooper S rear-ended
Need advice: new cooper S rear-ended
Hi
I got my 2013 cooper S 2 weeks ago (~600 miles), and got rear-ended!!!
I don't know if my adjustor will deem it totaled or repairable. People tell me that most likely it will get totaled, but I really am pessimistic and feel that somehow it wont and i will have to deal with it getting repaired.
In addition to smashed in hatchback door, messed up bumper, scratched up wheel, front bumper crack, and possibly frame damage on front hood area (there was a crease), the emergency break and traction indicator lights are on and stays on. If ever my car will need to be repaired, i prefer taking it to a certified mini body shop so that my 4 year warranty will not get voided.
I called Mini, but i was told there are only 3 certified shops around the bay area (i am from San Jose, CA). All are about an hr away from me. The yelp review on one of the collision centers certified by MINI has horrible yelp reviews so i am not sure if i want to take it there. Last thing i need to deal with is horrible customer service and overall bad service. I already feel horrible for getting into an accident especially on a new car that i waited for almost a month!
Do you knw of any certified body shop around the bay area? preferably closer to San Jose. Your input would be greatly appreciated. Thank you!
Last edited by Angelicavia; Dec 10, 2012 at 08:35 PM.
I am sorry about your new mini. IMHO it does not look "totaled" to me. There really is no frame under a mini as it's a unibody so frame damage is not an issue. The body could be tweaked but a good body shop will straighten it out. That doesn't mean, however, that you should accept a repaired brand new mini.
If I were you, because it's a brand new car, I'd be very insistent that it be replaced with a new mini and the insurance company of the person that was responsible for the accident pick up the bill. They can buy you a new mini, have your current mini fixed and sell it at a diminished value. Your insurance company should stand behind you on this to help you get a new car. If need be, don't hesitate to get a lawyer and don't sign ANYTHING until you get exactly want you are in titled to- a new mini!
Your current car will always be "a diminished value car" as the damage will be shown on places like CARFAX so even if it's fixed, it will be worth less and you will not be made WHOLE with a repaired mini!
Good luck, here's where you stand strong and remember, the other persons insurance company only wants to get out of this a cheaply as possible, they could care less about you, ONLY you can see to it that you get what your entitled to.!
If I were you, because it's a brand new car, I'd be very insistent that it be replaced with a new mini and the insurance company of the person that was responsible for the accident pick up the bill. They can buy you a new mini, have your current mini fixed and sell it at a diminished value. Your insurance company should stand behind you on this to help you get a new car. If need be, don't hesitate to get a lawyer and don't sign ANYTHING until you get exactly want you are in titled to- a new mini!
Your current car will always be "a diminished value car" as the damage will be shown on places like CARFAX so even if it's fixed, it will be worth less and you will not be made WHOLE with a repaired mini!
Good luck, here's where you stand strong and remember, the other persons insurance company only wants to get out of this a cheaply as possible, they could care less about you, ONLY you can see to it that you get what your entitled to.!
Sorry to hear about the accident...Have you checked out Fremont BMW yet? Might be a little out of your way, but not too far I believe.
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I am sorry about your new mini. IMHO it does not look "totaled" to me. There really is no frame under a mini as it's a unibody so frame damage is not an issue. The body could be tweaked but a good body shop will straighten it out. That doesn't mean, however, that you should accept a repaired brand new mini.
If I were you, because it's a brand new car, I'd be very insistent that it be replaced with a new mini and the insurance company of the person that was responsible for the accident pick up the bill. They can buy you a new mini, have your current mini fixed and sell it at a diminished value. Your insurance company should stand behind you on this to help you get a new car. If need be, don't hesitate to get a lawyer and don't sign ANYTHING until you get exactly want you are in titled to- a new mini!
Your current car will always be "a diminished value car" as the damage will be shown on places like CARFAX so even if it's fixed, it will be worth less and you will not be made WHOLE with a repaired mini!
Good luck, here's where you stand strong and remember, the other persons insurance company only wants to get out of this a cheaply as possible, they could care less about you, ONLY you can see to it that you get what your entitled to.!
If I were you, because it's a brand new car, I'd be very insistent that it be replaced with a new mini and the insurance company of the person that was responsible for the accident pick up the bill. They can buy you a new mini, have your current mini fixed and sell it at a diminished value. Your insurance company should stand behind you on this to help you get a new car. If need be, don't hesitate to get a lawyer and don't sign ANYTHING until you get exactly want you are in titled to- a new mini!
Your current car will always be "a diminished value car" as the damage will be shown on places like CARFAX so even if it's fixed, it will be worth less and you will not be made WHOLE with a repaired mini!
Good luck, here's where you stand strong and remember, the other persons insurance company only wants to get out of this a cheaply as possible, they could care less about you, ONLY you can see to it that you get what your entitled to.!
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Floor, rear body panel, rails not withstanding I agree w/ richardsperry - not near totalled & his $$ is probably close. It would be a cleaner solution if it was since you would just replace it. It would be nice if you could leverage a new car but it is unlikely unless YOU have a policy w/ that provision. It also is dependent on how the law reads in CA. I would have both your company & the sodomizer's company inspect it & see what the numbers & logistics turn out to be. In the end you might be able to take the insurance repair money, diminished value settlement (if applicable), possibly a generous rental settlement (50% ?) for actually not renting a car for 4-6 weeks if you can avoid it & the car to trade in for new one & hopefully not get resodomized. I don't know if you can sue for any difference that you might get stuck with.
Dealer upside on such a deal is selling another car, gaining a job for the body shop, and gaining a car to sell either wholesale or retail.
Only bright side is if you realize you made any errors or ommisions in optioning your car, you may have them figured out already & can adjust if replacing the car.
Definitely a crappy situation, you can only try to come out as minorly scathed as possible. Might not be a bad idea to consult w/ a lawyer but you might want to see what direction things go in & decide whether it appears necessary.
Good luck, I hope things work out without too much hassle.
Dealer upside on such a deal is selling another car, gaining a job for the body shop, and gaining a car to sell either wholesale or retail.
Only bright side is if you realize you made any errors or ommisions in optioning your car, you may have them figured out already & can adjust if replacing the car.
Definitely a crappy situation, you can only try to come out as minorly scathed as possible. Might not be a bad idea to consult w/ a lawyer but you might want to see what direction things go in & decide whether it appears necessary.
Good luck, I hope things work out without too much hassle.
Last edited by bccan; Dec 11, 2012 at 11:59 AM.
thank you all! crossing fingers that all will go smoothly as possible and in my favor...new mini with $0 out of pocket.
waiting for adjustor to take a look, but all your posts definitely help me know my options. my 1st mini is tainted....and it really sucks!!!!!!! it hurts to see my new toy all messed up, but could be worst i guess...yeah i try to convince myself! Thanks!!
waiting for adjustor to take a look, but all your posts definitely help me know my options. my 1st mini is tainted....and it really sucks!!!!!!! it hurts to see my new toy all messed up, but could be worst i guess...yeah i try to convince myself! Thanks!!
Here's part of your argument. You will be paying for a new car, full price, that has now been dramatically devalued. The other driver's insurance company will not help you, but your own insurance company (and/or lender) might help you get the proper settlement. Neither of them want to be responsible for a devalued car at a full value rate.
The big thing here is to NOT feel and ACT like a victim! Take the attitude that you are in charge, stick to your guns, do not let the "other" or your (for that mater) insurance company steamroller you. Be confident and polite, act in charge, clearly state what you want--do not ASK!!!!!, tell them what you expect and want very clearly and without a lot of emotion and then, STICK to your guns. They will not agree upfront, that's the way they play the game! Doesn't mean you are without rights so don't stand by and let them work this accident to their advantage.
If you need to get their attention, you might just mention that your neck hurts since the accident and you're planning to see a Dr/a Specialist to have everything checked out. That should get things moving as THEY don't want thousands of dollars in medical bills flowing to them as a result of their customer causing a rear end collision!
Be smart and tough--YOU are in the drivers seat, not them!!!!!
If you need to get their attention, you might just mention that your neck hurts since the accident and you're planning to see a Dr/a Specialist to have everything checked out. That should get things moving as THEY don't want thousands of dollars in medical bills flowing to them as a result of their customer causing a rear end collision!
Be smart and tough--YOU are in the drivers seat, not them!!!!!
Last edited by RSchleder; Dec 11, 2012 at 03:06 PM.
Everything RSchleder is telling you is bang on! I just doubt you will get any "diminished value" settlement. I've been involved in two accidents where I've been rear ended. It's state dependent, but because it's very difficult to prove the claim, it's near impossible to win.
This damage was significant enough to warrant you a new car especially that the car is so young.
I am also TRULY sorry for you and your MINI. Trust me, I'm a hugely perfectionist car guy, just got a Coupe S, and accidentally put a dent on the door at 300 miles. And I thought that was the end of the world... That will make me rethink that little dent that can easily be pulled out.
If you need any general questions help, PM me for my phone number and give me a call. I have a pretty large experience with these matters and I know it can be stressful.
This damage was significant enough to warrant you a new car especially that the car is so young.
I am also TRULY sorry for you and your MINI. Trust me, I'm a hugely perfectionist car guy, just got a Coupe S, and accidentally put a dent on the door at 300 miles. And I thought that was the end of the world... That will make me rethink that little dent that can easily be pulled out.
If you need any general questions help, PM me for my phone number and give me a call. I have a pretty large experience with these matters and I know it can be stressful.
Diminished value is a state by state thing.
But really guys, we're talking about a Mini here not a rare or exotic car. You lost maybe 10% of the value when you drove it off the lot.
If it's repaired properly, (and doesn't get a salvage title), it will probably be worth almost what any other Mini of it's vintage is. In fact if you put a JCW body kit on it, it might me worth more....lol
Now, I'm not saying roll over and take it, if you can get a new car out of it, go for it. If not, take lots of pictures, and keep all the receipts and invoices.
If it were me, I'd have been at the doctor later that day or the next with neck and back pain. They'd toss $10K at you just to go away at that point. (which should cover any diminished value...)
Just saying.
But really guys, we're talking about a Mini here not a rare or exotic car. You lost maybe 10% of the value when you drove it off the lot.
If it's repaired properly, (and doesn't get a salvage title), it will probably be worth almost what any other Mini of it's vintage is. In fact if you put a JCW body kit on it, it might me worth more....lol
Now, I'm not saying roll over and take it, if you can get a new car out of it, go for it. If not, take lots of pictures, and keep all the receipts and invoices.
If it were me, I'd have been at the doctor later that day or the next with neck and back pain. They'd toss $10K at you just to go away at that point. (which should cover any diminished value...)
Just saying.
We're all wondering how this situation is progressing. Any resolution yet? Please take the time to inform those that took their time to help you as to the resolution or progression of your dilemma. 
Thanks in advance.

Thanks in advance.
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