Scratch one 535iM -may need some advice??

[Patrick]

Hello, some of you may remember me as I spent a lot of time here posting and reading about 10 years or so ago. I rarely post now but I do surf the board occasionally because I like to see what's happening with everyone; it's always good to see people so passionate about their cars and helping each other.
Today wasn't such a good day for my 1992 5er.

I live in Denver and my plates, required emissions test, and an oil change were due. Needless to say, after an overpriced oil change from my BMW indie shop yesterday, and early this morning an emissions test that passed with flying colors, and then directly to the DMV for a new registration -I had JUST left the DMV parking lot and as I entered an intersection going west (at the 30 mph speed limit) under a veeerry solid (for me) green light an older woman in a Jeep Wrangler turned in front of me. She was following, and too focused, on the pickup truck in front of her (who also turned and I thought cut it kind of close) to notice me (IN the intersection at that point) and I tried to swerve to the right, hoping that we might just minimize the impending collision, but she just kept on her course and we hit solidly -I don't think I even had time to brake. The seatbelt locked as it should but it somewhat knocked the wind out of me, which was further complicated by the dessicant in the airbag system so there was this big cloud of smoke and powder I was choking on for a while and couldn't breathe. Then I couldn't open the door all the way to get out. Went to the ER for left wrist xrays (just badly bruised) and was a little "shocky". Bruised and sore but otherwise okay. I'm pretty sure it is totaled. Jeep driver openly admitted fault and was ticketed. Has insurance and we go from there.
The army of police, fire and EMT personnel that showed up kept going on about how nice the 535 was and really expressed regret about it. Even the officer that came to the ER to follow-up with me complimented me about it.
I put about 20,000 miles on it since 1999 but only 900 miles on it in the last two years, never drove it in the snow or rain for 12 years and kept it under a car cover in the garage.
I could be in the hospital, or worse, and still have a wrecked, rare car so there's a lot to be thankful for.

I've kept every receipt for everything. I modified the car over the years with chip, injectors, Sachs Sport suspension, M5 Touring swaybars, Euro smileys with integrated HID, polished T Stars etc. etc. As of today it had 114,500 miles on it. I carried full coverage on it with a $500 deductible. My insurance company (Amica) gave me two options, they will deal with Geico (Wrangler owner's insurance) or I can, with the option to contact Amica and tell them to handle it if I don't agree with how things progress. My question is, for anyone who has experience or insurance industry knowledge, what should I do, and what can I do to expedite this and be fairly reimbursed, as much as one can considering the age but also the mods, at this early stage?? About all I can pull from the car mod-wise would be the T Stars (I still have the stock rims) and maybe the chip -advice there appreciated as well.
Thanks in advance,
Patrick
-tried to attach pics, not sure if it worked.

[Ross]

Ouch. Good that you are in good shape, same can't be said for your 5er.
If it were younger that would be considered repairable damage but you'll certainly face a total now, sad.
Grab all you can or buy it back at salvage and part it out. If you have the stomach for a part out you'll get a couple thou for your efforts.
If you were closer I'd offer to buy but shipping would double the cost. If it is in any way driveable contact me.
Good luck

[Russell]

Sorry to see this. The fear of total loss is upon most of us on for a fairly small accident. No way you can get the money you spent on it from teh insurance company. Might get a few bucks more but not much more than the average book value.

I have thought about insuring mine with someone at an agreed value. However, not sure with what comapany or what can be done with/for a car that is not a collectable?

[ScottyWM]

I'm probably wrong... but in hearing about similar situations in the MG world, it is up to her insurance company to "make you whole" as you were before the accident. Gather all the ammo you can - your receipts, what similar cars in equal shape with equal mileage are selling for, get 2 or 3 unbiased appraisals of the car as it was, etc. Present this to her insurance and accept no less. If that doesn't work, I bet that wrist pain might just last your whole life!

I'm currently fighting insurance over my daughter's E36 wreck a few weeks ago. One thing I've learned is that if you are not happy about what the adjuster is telling you, definately go over their head and start stirring it up. Some of them are just lazy pencil pushers just wanting to get through a stack of claims before the weekend (which is what I seem to have run into.) And their managers want to know that... or at least should want to know that. You were not at fault and they need to satisfy you.

[Patrick]

Thanks guys for condolences and the advice re: insurance
I spoke with the at-fault driver's Geico rep today and that went well enough. I asked her 'Ya' know those weird anal-retentive BMW owners that are all-into their cars?" My file of receipts and records amount to just over $7000 -split about evenly between maintenance and mods. I will meet with the adjuster next week with them in-hand and they can make copies.
My indie mechanic told me hope for between $5-6K, at best. He also mentioned another customer had his E34 540i6M (the 1 of only 212 model) totaled this week here in Denver. Oh well, we'll see how this plays out and I'll keep you posted.
My best.

[Ross]

Thanks guys for condolences and the advice re: insurance
I spoke with the at-fault driver's Geico rep today and that went well enough. I asked her 'Ya' know those weird anal-retentive BMW owners that are all-into their cars?" My file of receipts and records amount to just over $7000 -split about evenly between maintenance and mods. I will meet with the adjuster next week with them in-hand and they can make copies.
My indie mechanic told me hope for between $5-6K, at best. He also mentioned another customer had his E34 540i6M (the 1 of only 212 model) totaled this week here in Denver. Oh well, we'll see how this plays out and I'll keep you posted.
My best.

GEICO, eh. Curious to see how this plays out.

[Dave M]

Have they confirmed that it is, in fact, a write off?

I narrowly missed having my 91 525im 'totaled' after similar, but less severe damage. The car had ~ 480,000 km on it and it some convincing, a lot of records and receipts and an independent vehicle appraiser to agree on the condition of the vehicle in order to have it repaired. I had nothing to lose and was actually quite surprised when they finally agreed to fix it. Given the age and damage, it may very well be a gonner. I don't envy your position if you're attached to the car, but hopefully you can negotiate a reasonable sum and find something 'new' to enjoy.

Best of luck,

Dave

[Patrick]

Good question. No determination yet (maybe early next week) however based on airbag deployment and coolant/fluid loss most opinions (insurance reps and my indie mechanic who I emailed pics to) are telling me that. Who knows though, maybe the adjuster will see it differently with receipts and records?

[genphreak]

I just don't get it.. legally speaking, and it is a dilemma that affects all of us:

E.g. In these cases where someone hits you, has insurance, but some 'experts' agree that the value of the repair is higher than the car is reasonably worth.... what gives them the right to force you to write it off - for any amount?

Say your car is worth $5k, the damage $10k, why would anyone other than you have an option not to fix it? Sure they can offer you $5k, but how is it that everyone seems to reach such an agreement -and write off a car for anything less than what you think it is worth?

1. Can you not just refuse such offers (on the grounds of preferring one's car to any replacement for personal reasons) and force them to fix it?
2. Has anyone on this board achieved a repair paid by an at fault person that was more than the value of their car?

If it were me with any of my e28/e34s, nowadays I would just say, no thanks, make it good: If you like your car and want to keep it, that should be more than enough for them to act in the interests of their client (and you).

I was thinking about this the other day: One option would be to send a letter of demand to the at fault party, refuse offers from the insurance company and accept no less than the full amount of the repair.

PS. If you can't afford to fix it whilst they procrastinate, buy a 2nd car if you need a replacement (that you can sell once the good car is fixed) and put the good car in storage, with the invoices going to the at fault party, until they agree to pay to fix it.

[Paul in NZ]

So sorry to see this Patrick!.I agree with Gen phreak,Stick to your guns and demand its fixed,Surely some good used parts will be a cheap basis for a repair.Hope there is no structural damage