[David3]

Well, our new car didn't last very long. And, my wife and I took delivery on 6/21 and have maybe been able to drive it for 4.5 weeks total. Otherwise, it has been in service.

To top it off, my wife got rear-ended a couple days ago. The trailer hitch took most of the force, but the lower tailgate is bowed inward slightly, the bumper cover is obviously damaged and head restraint (anti-whip lash) deployed. I will definitely ensure that hitch mount/unibody was not damaged...if so, a whole different discussion and probably will demand the vehicle is replaced due to safety concerns.

Guilty party has acknowledge fault and wants to take care of this outside their insurance (small construction company van). I guess this is ok, until it is not. I notified my insurance just in case...will let that claim just sit open for now. Even if the guilty party pays all the repair costs and loss of use cost, etc. I am concerned about lost resale value. But, not sure this will ever show up on Carfax if not repaired through insurance company.

I am not a litigious person, so don't want to go there first but will if unibody damaged (see above). Generally would love advice on how to ensure I am made whole and don't have a vehicle with a lower future resale value.

What sucks the most is this experience so far has certainly taken the excitement out of owning a new car. After 1.5 months our X5 does not feel new anymore...bummer.

[rainmn60]

I would be very apprehensive not to process through insurance. My ‘17 X5 was rear ended during a winter storm a couple of years back. I took it to a local body shop and got a quote. I had to wait 6 weeks for them to schedule the work and inbetween that time I had the car scheduled for service at the BMW dealer. Long and short, I had the dealer’s auto body shop do the repair and they ‘supposedly’ found more damage once bumper, parts, etc. was removed. The liable party’s insurance covered it all including a vehicle for me to drive while it was being repaired. It took just over a week to repair. You have more leverage with insurance. If it was a minor incident , I’d say yes, let them pay. In your case, no, process through insurance and let them know that it’s a brand new car and you want the dealer to complete the repairs.

[Lionel Hutz]

Sorry, that's a bummer. Personally I'd want to go entirely through insurance for this. The guy says he will pay out of pocket now but wait until he gets the $10k+ estimate for repairs. You may also want to call a local attorney to consult on a diminished value claim.

[David3]

On the surface, the damage seems minor and limited to bumper cover, lower tailgate, and headrest. I have notified my insurance and if the guilty party does not pay, then I will let my insurance company fight the battle to make me whole. I really do not care who pays, just so it gets paid. But, the hidden damage discovered months later is a concern...good point. Will have to try and guard against that.

[Jongp3]

Originally Posted by David3

Guilty party has acknowledge fault and wants to take care of this outside their insurance (small construction company van). I guess this is ok, until it is not. I notified my insurance just in case...will let that claim just sit open for now. Even if the guilty party pays all the repair costs and loss of use cost, etc. I am concerned about lost resale value. But, not sure this will ever show up on Carfax if not repaired through insurance company.

I am not a litigious person, so don't want to go there first buy will if unibody damaged (see above). Generally would love advice on how to ensure I am made whole and don't have a vehicle with a lower future resale value.

What sucks the most is this experience so far has certainly taken the excitement out of owning a new car. After 1.5 months our X5 does not feel new anymore...bummer.

Sorry to hear of your situation. That's very stressful and the brunt of the stress will be ongoing until you are made whole.

I would let this company come back with their offer and throw in a diminished value request as well. If they you don't accept their offer, I would turn to a lawyer next. The insurance game is a hard one to navigate.

As much as people will say it won't affect your Insurance Premiums if you make a claim that is not at fault, it absolutely will. I know from experience.

Just remember you can make all the "demands" you want, ultimately you are at the mercy of the insurance companies. They have way more resources to drag this out as long as they want. My ex-wife had a diminished value claim ongoing for 3years and in the end got way less than she was pushing for.

If it were me I'd get as much as I can out of that company. Take it to a shop I trust to fix it right and pay whatever the difference is out of pocket. My mental health is worth more than the time fighting with insurance companies.

Good luck, I hope things turn out the best for your situation.

[LDT]

It's after the fact but always, always file an accident report with the police. That serves as a record of what happened and who is at fault.

[P1]

Certainly frustrating. I wouldn't feel comfortable going outside insurance on a new 50e. If it was an old truck, maybe. But not a vehicle that might end up racking up a $20K repair bill.

Which body shop are you taking it to for repairs and estimates?

[David3]

Thanks for the responses so far. What I have done, will request, or plan to do:

Police report filed online. In Austin, police refuse to respond to minor accidents.
Loss of use compensation.
Mentioned diminished value, but will need time to determine. depends on whether or not repairs show up on Carfax (or similar).
Reimbursement of out of pocket medical. Wife's back is hurting.
If Unibody structural damage (due to hitch receiver taking most of the impact, then will demand car is replaced.
Car rental reimbursement, if needed.
Supplemental costs reimbursed after initial estimate, if needed.

At any point responsibly party refuses to pay, then I will call on my lawyer friends...we have a lot of them.

[Jongp3]

Originally Posted by LDT

It's after the fact but always, always file an accident report with the police. That serves as a record of what happened and who is at fault.

Good advice, but looks like OP is in Austin, APD doesn't do police reports for accidents. They have an online form for that you can fill out.

[LDT]

Somewhere, There's a PI lawyer salivating over this

[David3]

Originally Posted by P1

Certainly frustrating. I wouldn't feel comfortable going outside insurance on a new 50e. If it was an old truck, maybe. But not a vehicle that might end up racking up a $20K repair bill.

Which body shop are you taking it to for repairs and estimates?

BMW of Austin affiliated Austin Collision Center. Dealer and collision center have same owner (Penske Automotive) and apparently the only BMW certified body/paint repair shop in Austin.

[aaaaaaaaaz]

Highly suggest go thru insurance

At this point of time if they find any component need replacement highly likely it will be quite a dalay.

Although your accident sounds minor, at this crazy period of time insurance might elect to total it (if in California) for any fender bender. It sounds crazy but the skyrocketing repair cost and delay made insurance do a lot of total loss recently…

[Jongp3]

Originally Posted by David3

BMW of Austin affiliated Austin Collision Center. Dealer and collision center have same owner (Penske Automotive) and apparently the only BMW certified body/paint repair shop in Austin.

If BMW of Austin told you that, I would take it with a grain of salt. I've had such awful experiences with their Sales and Service Depts. You may want to give BMW of South Austin a call and see what they say. BMW of Temple is also an option and generally less congested, I've had nothing but good experiences in Temple.

[David3]

Originally Posted by LDT

Somewhere, There's a PI lawyer salivating over this

Yeah, but they generally drool all over themselves and not my MO. First priority is to get the vehicle repaired and let the responsible party pay the bills. Once that goes south, if it does, then I will call on my high power lawyer friends.

[David3]

Originally Posted by Jongp3

If BMW of Austin told you that, I would take it with a grain of salt. I've had such awful experiences with their Sales and Service Depts. You may want to give BMW of South Austin a call and see what they say. BMW of Temple is also an option and generally less congested, I've had nothing but good experiences in Temple.

I am in the opposite camp and do not like BMW of South Austin. Austin-Round Rock Collision Center website confirms what BoA told me.

[Lionel Hutz]

Originally Posted by David3

Yeah, but they generally drool all over themselves and not my MO. First priority is to get the vehicle repaired and let the responsible party pay the bills. Once that goes south, if it does, then I will call on my high power lawyer friends.

My $0.02: if you think your wife may have been hurt or you're looking at a diminished value claim, talk to a lawyer now. Don't risk waiving any future claims by doing things informally with the other party.

[Gilles79]

Originally Posted by Lionel Hutz

My $0.02: if you think your wife may have been hurt or you're looking at a diminished value claim, talk to a lawyer now. Don't risk waiving any future claims by doing things informally with the other party.

And she should see her physician to document her medical status.

[Jen4BMW]

I am sorry but on a new $85K BMW there’s no way in a million years I wouldn’t file a police report and insurance claim. Glad to hear you did! Nice guys usually finish last in matters such as these.

You might end up being shocked once you see the final repair bill which is almost always higher than the estimate.

Like you say there’s diminished value to be compensated for too.

Man, I feel for you. First, new cars gremlins and now this. Hang in there!

[David3]

As a father of 3 boys, and the real potential for automotive insurance rate increase if they are in an at fault in accident, I can appreciate anyone wanting to handle a "claim" out of pocket and not getting their insurance involved. One boy totaled an E46 (singe vehicle accident) and I claimed it under insurance...paid dearly for that privilege.

I really don't relish working with someone else's insurance anyway. So, l am willing for the at fault party to make me whole, if they don't, I go from there.

[FireMedic]

I would agree with others and saying to chose the insurance company route.
What if said construction company bails on paying when the invoice comes? What if the construction company goes out of business in two months?
What if the fix goes bad mid way through the repair and you're left hanging? What if your wife has more complications in a couple of months?
All this can get very costly and at a point you would need to involve an atttorney and backtrack.
Get a stone chip from a gravel truck and they say they will pay to fix it, I would be up for that.
Get rear ended with personal injury and they say they will cover the cost. I personally would not risk it.