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R56 Rear ended. by my SA..

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Old May 8, 2009 | 10:50 AM
  #26  
Carlisle's Avatar
Carlisle
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From: Ontario
Originally Posted by iwashmycar
eh technically if there isnt any damage at all (not even scuffs) whats the point in a new muffler?... If there is the smallest scrape on it, by all means, its thier fault!
I thought there WAS damage to the muffler? Did it not get pushed in and compressed?

New muffler. Exact same one you have. That is what they should install. New bumper-- exactly as you have.

They screwed up. You caught them-- awesome. Don't push your luck though demanding for better replacement parts and paying the difference. That's not cool IMHO.

But-- holy crap to the fact that someone that works for your dealership damaged your car with his/her careless driving, THEN didn't own up to it. Shame on them. But like I said-- you caught it, and it will get fixed.

You're car will be looking amazing again in due course. (I'd even advise against the letter that your dad wrote-- I am not sure what the letter will accomplish except upsetting people-- they already agreed to make restitution.) I mean-- what else can you get out of them? I wouldn't get a person fired over something like that... that is not right either.
 
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Old May 8, 2009 | 11:03 AM
  #27  
CR&PW&JB's Avatar
CR&PW&JB
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From: PA
Originally Posted by iwashmycar
eh technically if there isnt any damage at all (not even scuffs) whats the point in a new muffler?... If there is the smallest scrape on it, by all means, its thier fault!
The OP could also ask the dealer to do what we (State Farm) do sometimes when there is minor property damage. I recently had a claim where the claimant had some power tools in the back of his truck that were damaged in an accident. Instead of paying for the tools at a depreciated cost and taking possession of the tools, we paid an Appearance Allowance which compensated the claimant for the perceived lost value due to the minor scratches on the tools.

The claimant doesn't have to spend more money than we paid him to replace the tools with new ones and we save money in not paying big bucks for minor damage to tools that still function properly (and when insurance companies save money, the policyholders save money).

In this case, if the muffler still works fine but has some minor scratches, take some $$ for it and use it for other mods. Looks like some of the exhaust pipes may need to be replaced though... dealer should replace those at cost.
 
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Old May 8, 2009 | 11:10 AM
  #28  
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miniola
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Originally Posted by Topmini
...the question still remains SHOULD i get the Aero kit and pay the difference, or just beat out the mini they lend me and crash it into a sidewalk like they did and turn it in and not say anything.
Sucks about your car... and I've definitely had my own issues with stupid service people. But you say that your father is a lawyer? Does he know that you're writing about this on NAM? Thinking it and putting it in writing are two different things... especially if there's any chance of litigation. At this point, if you get a loaner from the dealership you might want to do a walk around it noting ANY scratches, scuffs, etc in writing so that you don't get blamed for it. Maybe want to consider deleting/editing your posts. Just sayin'. Good luck with getting your car fixed.
 
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Old May 8, 2009 | 12:17 PM
  #29  
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Topmini
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From: mty, Mexico
haha thanks about that but i was just fooling around. im not gona crash a car on purpose.
and yea my dads a lawyer but i doubt they can use this forum against me (i live in mexico so maybe differnt laws?)

anyways, just got reply from adam he says replace everything including DP.

i took some more pictures to asses the damage, and it looks pretty hardcore.

some big crash caused the mufflers to go in 2 inches here are some pics.





 
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Old May 8, 2009 | 12:21 PM
  #30  
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Topmini
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From: mty, Mexico
what i orginally went in for was leaking transmission.......



ended up with a @#$% up muffler and a crashed rear bumper.

also LOOK at the mouting bracket for the DP seems like it twisted and cut/scraped the metal close to it.



while i was under my car i noticed this......
on the transmission or whatever this big block of metal is, there seems to be a missing bolt

 
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Old May 8, 2009 | 01:34 PM
  #31  
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iwashmycar
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From: Columbus, Ohio
dayumn... thats waay more damage than it seemed. and yeah if there is a threaded hole there youd think itd have a bolt in it...
 
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Old May 8, 2009 | 03:25 PM
  #32  
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Topmini
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From: mty, Mexico
just got back from dealer.
i got a dark blue just-a-cooper, in the mean time since they were out of mini S.
i would have gladely gotten a 1series but they didnt have any either.

it went rly well actually, i talked to my SA and when the manager came in i went to talk to him less than 1 minute of talk time.

they were basically going to put a new bumper and try and fix the muffler in their shop, i gladly corrected him and said "no, i want a new one this one is 3 weeks old and im not throwing 1.5k down the drain for some valet/mechanics fault.

he was a little shocked and just told the SA to get in touch with their insurance rep.

im supposedly gona get a call tomorrow to asses the damages, and if they feel like a new muffler isnt needed im gona kindly ask adam to make me a letter since he already saw the pics.

lets hope this turns out smooth.

ps: i already named the just-a-cooper loaner his name is Hawk.
(i accidentaly hit a bird and killed it 1 block from my house)
 
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Old May 8, 2009 | 03:35 PM
  #33  
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Tygo
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Originally Posted by Topmini
just got off the phone with my dad (the lawyer), he says hes gona make a letter addressing the issue if things dont get solved quick, since they damaged private property and didnt take responsibility.
... they did take responsibility.... they're fixing it for free??
 
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Old May 8, 2009 | 03:41 PM
  #34  
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Topmini
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From: mty, Mexico
well no word yet on the muffler, the rear bumper yes.
but now i have to wait for the insurance company to come by and take a look at my car and asses the damage.
il show them my receipt (which i dont know where it is), and hopefully they can give me the money so i can buy a new part, problem is i dont want to install it again its a PITA, so i take it to someone else and make sure they cover the installation cost.
 
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Old May 9, 2009 | 06:37 PM
  #35  
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willsblackmini08
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I'll say what everyone is thinking, swing for the JCW aero kit. whats the worst that can happen. Make a joke about it but make them realize you a serious that you want it. it was there mess up and a rather bone head one at that. Something liek that should never happen. Make them work to make you happy.
 
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Old May 14, 2009 | 05:47 PM
  #36  
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Topmini
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From: mty, Mexico
they still have yet to give me any concret info as to when im getting my car back and when im getting my new stuff.
 
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Old May 14, 2009 | 06:42 PM
  #37  
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orangecrush
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From: Charlotte, NC.
Originally Posted by CR&PW&JB
The OP could also ask the dealer to do what we (State Farm) do sometimes when there is minor property damage. I recently had a claim where the claimant had some power tools in the back of his truck that were damaged in an accident. Instead of paying for the tools at a depreciated cost and taking possession of the tools, we paid an Appearance Allowance which compensated the claimant for the perceived lost value due to the minor scratches on the tools.

The claimant doesn't have to spend more money than we paid him to replace the tools with new ones and we save money in not paying big bucks for minor damage to tools that still function properly (and when insurance companies save money, the policyholders save money).

In this case, if the muffler still works fine but has some minor scratches, take some $$ for it and use it for other mods. Looks like some of the exhaust pipes may need to be replaced though... dealer should replace those at cost.
I personally would take the money to replace the damaged parts, not take an appearance allowance.

Taking an appearance allowance is basically taking less money and saying "I'll live with it". (there are times that this works but in your case, I don't think so)

People pay insurance to keep their cars at the value at which they were before they were damaged.

Once the claimant receives the money, unless there is a lien holder, the owner can spend the money as they see fit. There is no law (unless they have a lien holder) that says you have to fix the car.

So, if it were me, I'd have them pay for damages done and then decide what works best for you. Don't accept an appearance allowance, you're going to receive a much smaller amount.


BTW, you were asking about what the bodyshop is going to do in repairing your car. From the damage viewed in the pic, it looks repairable but for me on my car with as little miles on it as you have, I'd replace it.

Mark
 
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