[NN]

Originally Posted by bmodzelewski

why do you have to pick up the $1000 deductible? even if this doesnt work out between copart and the ins co. you shouldnt be paying a deductible for this... they should be covering the deductible for all the shit youre going through

Totally agree. It's the insurance fault they sent it to copart. Regardless if the insurance company gets anything back from them, you should NOT pay a deductible... I would make this very clear to them.

[BOBKUR]

When will the truth be told?

[ny325]

This story is giving me a migraine. Good luck with whatever you do.

[BMWSOZE]

Walks away.....

[lorinser]

Ha you have a migraine. Try living it
Dealer is picking up my car today. They will assess from head to toe and report back.

Notable- insurance estimate vs dealer: $42/hr for labor. Vs $120/hr.

Round 1. Fight!

Also. Dealer said insurance is saying use "used" parts. And my dealer doesn't do that. Which means for new parts, id have to pay difference which is thousands of $ alone just for radio. IF that does happen, then what do I do? I'm not paying a dime. Nor getting used parts.

[Turb0Surge]

Originally Posted by lorinser

Ha you have a migraine. Try living it
Dealer is picking up my car today. They will assess from head to toe and report back.

Notable- insurance estimate vs dealer: $42/hr for labor. Vs $120/hr.

Round 1. Fight!

Also. Dealer said insurance is saying use "used" parts. And my dealer doesn't do that. Which means for new parts, id have to pay difference which is thousands of $ alone just for radio. IF that does happen, then what do I do? I'm not paying a dime. Nor getting used parts.

It's the insurance's fault your car was damaged. You have a right to demand New OEM parts.

[GChase]

This is crazy. Don't individually talk to your insurance. Let your lawyer do all the talking, and just tell your lawyer the objectives: oem parts, $0 paid, car in new condition returned to you, free rental car, and others you may have.

[BOBKUR]

Originally Posted by lorinser

Ha you have a migraine. Try living it
Dealer is picking up my car today. They will assess from head to toe and report back.

Notable- insurance estimate vs dealer: $42/hr for labor. Vs $120/hr.

Round 1. Fight!

Also. Dealer said insurance is saying use "used" parts. And my dealer doesn't do that. Which means for new parts, id have to pay difference which is thousands of $ alone just for radio. IF that does happen, then what do I do? I'm not paying a dime. Nor getting used parts.

Seem's that the advice you have received has went in one ear and out the other. LISTEN and hire an attorney and quit talking with insurance company since they will SCREW you.

[gunsekun]

okay.. I really want to ask you a question why the heck did you insure with encompass in the first place. If you have $40k to spend in a car but can't afford a good insurance.....I have nothing to say to that

[lorinser]

I'm not disregarding comments. I appreciate any all comments here. My lawyer said cant fight this case, however if repairs with BMW go sour and insurance refuses to pay, then I will be back with lawyer without a doubt, and rip them a new one

As for Encompass, it's something I have to discuss with my father. He insures his S550 on it too, we haven't had problems with them in ages. But, will be leaving them regardless.

[Fitz335]

Looks like your car got lost in the shuffle of all the salvage vehicles the insurance company was dealing with. Sucks man.

As for the insurance company requesting them to use "used parts", that's ridiculous. Taking it to the BMW shop was smart and should ensure that the car gets fixed correctly. Insurance companies can't pick and choose what they want you to pay for if they're at fault, if BMW does the work and it costs 10,000 dollars, the Insurance company has to negotiate with the dealer, they can't just "pawn" off excess cost to you. Considering this whole ordeal was their fault I'm shocked they are trying to screw you, it's terrible for future business.

[krhodes1]

Originally Posted by Fitz335

Looks like your car got lost in the shuffle of all the salvage vehicles the insurance company was dealing with. Sucks man.

As for the insurance company requesting them to use "used parts", that's ridiculous. Taking it to the BMW shop was smart and should ensure that the car gets fixed correctly. Insurance companies can't pick and choose what they want you to pay for if they're at fault, if BMW does the work and it costs 10,000 dollars, the Insurance company has to negotiate with the dealer, they can't just "pawn" off excess cost to you. Considering this whole ordeal was their fault I'm shocked they are trying to screw you, it's terrible for future business.

To play Devil's Advocate for a moment - the car is NOT a new car, the parts that are missing were used to start with. Thus replacing missing used parts with used parts in equivalent condition makes the OP whole, which is the insurance companies obligation.

That being said, in my state insurance companies cannot force you to agree to using used or non-oem parts, or to go to a shop other than the one of your choice. They can, however, entice you to agreeing to do so by offering longer warranties on the work, or free rental cars, or some such if you do it "thier way". And of course, if using new oem parts causes the damage to exceed the point at which they deem the car a total loss then that is an issue as well.

The OP may well have to pay his deductible - I would assume that had there been damage from the storm he would have had to pay. Or at least he would have to pay whatever his comprehensive deductible is for vandalism. Though that said, in this case the insurance company SHOULD waive the deductible just for the hassle that the OP has been put though. But they are probably not in any way obligated to do that.

[Fitz335]

Originally Posted by krhodes1

To play Devil's Advocate for a moment - the car is NOT a new car, the parts that are missing were used to start with. Thus replacing missing used parts with used parts in equivalent condition makes the OP whole, which is the insurance companies obligation.

That being said, in my state insurance companies cannot force you to agree to using used or non-oem parts, or to go to a shop other than the one of your choice. They can, however, entice you to agreeing to do so by offering longer warranties on the work, or free rental cars, or some such if you do it "thier way". And of course, if using new oem parts causes the damage to exceed the point at which they deem the car a total loss then that is an issue as well.

The OP may well have to pay his deductible - I would assume that had there been damage from the storm he would have had to pay. Or at least he would have to pay whatever his comprehensive deductible is for vandalism. Though that said, in this case the insurance company SHOULD waive the deductible just for the hassle that the OP has been put though. But they are probably not in any way obligated to do that.

The insurance company should be bending over backwards in this scenario, they basically sent his car to a salvage yard when there was nothing wrong with it.

The car doesn't even run and has been out of his hands for MONTHS, I'd be tearing that insurance company a part and by the time I was done I may own a part of it. This was some serious negligence on their part.

[krhodes1]

Originally Posted by Fitz335

The insurance company should be bending over backwards in this scenario, they basically sent his car to a salvage yard when there was nothing wrong with it.

The car doesn't even run and has been out of his hands for MONTHS, I'd be tearing that insurance company a part and by the time I was done I may own a part of it. This was some serious negligence on their part.

I don't disagree with you at all. But there is a big difference between what that company SHOULD do and what they are contractually obligated to do. Ultimately an insurance company is in business to make money, not make us happy. READ your insurance contract and be amazed at how little they actually owe you in the event of a loss.

I too am a bit baffled as to why the OP allowed the car (which seemed to have nothing wrong with it) taken away for "inspection". But hopefully the insurance company will make it right in the end. Going to the media was probably smart - I suspect that will be more effective than a lawyer.

[bmodzelewski]

not sure if you have seen this but...

http://www.weather.com/news/hurrican...-cars-20121231

[Anon007]

^ wow

[N55]

Lawyer up!

[luv135i]

I am assuming you are using your insurance and if thats the case it is spelled out in your policy jacket what kind of parts can be used in the event of a losswhich you accepted when you obtained the policy. No one reads that thing You will more than likely be stuck with used parts but if its the auction company insurance you are dealing with that is a diffrent story

[gunsekun]

Ur car has salt water damage... Seriously best advice is to burn it down

[sammk]

So whatever happened in the end..?

[E90_boostjunky]

So you have a horrible insurance company and on top of that, I read that your lawyer can't deal with this case because he can't win or something? What kind of people/companies are you dealing with? Are you in Mexico? Or the US?

[lorinser]

it's at the dealer. essentially making it look better than it was before i even gave it to insurance. as of now, costs are totaling $7k (all new parts, not used), and nothing out of pocket.

I've used my own attorney and sought outside help, but same conclusion. Can't take it to court because it was a 3rd party company who did the "stealing," not my insurance itself. They have the contract with Copart, not me. So insurance deals with Copart if they want their $7k+ back.

I'm very well "over" this whole debacle. Just waiting for the car back looking to be 100% and will move on. Just going to keep it and use it at the new vacation home. Will post pix when I get it back, hopefully next week.