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BMW 3-Series (E90 E92) Forum > BMW E90/E92/E93 3-series General Forums > General E90 Sedan / E91 Wagon / E92 Coupe / E93 Cabrio > HELP SAVE MY e91 6MT!!! PLEASE!



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      11-14-2019, 06:26 AM   #45
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Originally Posted by RNByrd3 View Post
I'm going to get the car from the body shop once the insurance company pays for the work already completed (hopefully this week), and will take photos myself. As I mentioned, I personally saw the damage because there was a timespan of about 3 weeks from the time of the accident until I got it into the body shop (I drove the car on several occasions after the accident and felt no difference from before). During that time, I put in a 3-stage intake manifold from a 330i and noticed the rail while I had the intake out of the car. It just looked to have a slight dent on the inside of the rail nearest the engine. The whole rail looked straight (meaning it didn't look bent either toward or away from the engine compartment), but with a slight buckle just passed the wheel well toward the front end of the car. I wasn't sure if it was damaged or supposed to look that way, so I looked at the opposite rail (on the side that was hit), but saw that one was completely without a dent. I wish I'd take a photo or two. Hopefully what I'm describing makes some sense.
So I just took my intake out 2 weeks ago and took pics of the engine bay so I should have a good shot at what the rail looks like. I've had my car since new, so I know there is no frame damage. The pics are in my phone and I'll need to upload them to my PC. I also have some old pics of my car on the lift from 2006 when I bought it and started looking the car over. They are bottom up shots with the under panels removed. I don't have time this morning to dig them up.

But I think the conversation with your insurance company changes if you have Carfax evidence that the frame was damaged in a previous accident that you were unaware of when you bought the car. Unfortunately that is the risk of buying used, people lie their ass off (even CarMax). But you shouldn't be held accountable for existing damage because of malfeasance of the previous owner. Obviously the pre-existing damage to the frame did not affect the alignment of the car, because it would affect handling and tire wear. Also, if you say the bend is where it is, I doubt your accident caused it since the panel alignment on your car post accident is near perfect. If your car can be repaired to the condition it was when you bought it, that is the responsibility of your insurance company to compensate you for.
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      11-14-2019, 06:32 AM   #46
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Originally Posted by gbalthrop View Post
Even tho' "F30" still has "MARLAND" as his location, I take it from his recent description of commute "habits" that he is in VA, "Fq'here Co." or points S to SW.
That would make the "Bambi's" (deceased) #1 thru #4 former VA residents. It would appear that "F30" has carefully avoided leaving any surviving witnesses.

Oh, AND it ONLY looks red due to doppler shift due to speed.

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Deer#3 lived to tell the tail to his friends. Deer #1, #2, and #4 didn't make it. IMO BMW should make deer hunting rifles with the Roundel on the stock. It seems if the apparatus one uses to hunt deer has a BMW Propeller Badge on it (yes I know...) there is a good change he'll hit his target.

All deer strikes are VA. You have it right. Mar'land is my inside joke to me. Goin' Downtheoceanhun, as the folks from Bal'mer say.
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      11-14-2019, 12:05 PM   #47
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Now they're trying to tell me that I don't need a second option. This is really starting to frustrate me.
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      11-14-2019, 01:13 PM   #48
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Now they're trying to tell me that I don't need a second option. This is really starting to frustrate me.
Time to up level the discussion to supervisor level.
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      11-14-2019, 01:18 PM   #49
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It's important to know that they work for you. There are things that you can request and another appraiser is one.
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      11-14-2019, 02:03 PM   #50
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It's important to know that they work for you. There are things that you can request and another appraiser is one.
The other thing they're trying to tell me is that I cannot have the vehicle towed to my home.
If the car is going to salvage (which I'm doing everything in my power to avoid), they are allowing me to remove all of my aftermarket parts, but are telling me that they're going to tow it to an auto auction yard an hour away from me. I'd then have to somehow haul all of the OEM parts and my tools to this auction yard and then spend who-knows-how-long to remove and replace the parts. I told them that I want it back at my house in order to do the work. I even offered to pay for towing to my house.
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      11-14-2019, 02:26 PM   #51
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Originally Posted by RNByrd3 View Post
The other thing they're trying to tell me is that I cannot have the vehicle towed to my home.
If the car is going to salvage (which I'm doing everything in my power to avoid), they are allowing me to remove all of my aftermarket parts, but are telling me that they're going to tow it to an auto auction yard an hour away from me. I'd then have to somehow haul all of the OEM parts and my tools to this auction yard and then spend who-knows-how-long to remove and replace the parts. I told them that I want it back at my house in order to do the work. I even offered to pay for towing to my house.
Good grief. Just go get it and drive it to your house. It is YOUR car. You have been driving with "frame damage" since February. There is zero reason not to pick it up.

If you decide to total it and give it to them, then ask for forgiveness. If you decide to total and then buy it back, then it is where you want it. If you take the time to fight the claim value then you can drive it for the next few months. Ironically you picking it up can save them on storage fees.
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      11-14-2019, 02:43 PM   #52
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Quote:
Originally Posted by smassey321 View Post
Quote:
Originally Posted by RNByrd3 View Post
The other thing they're trying to tell me is that I cannot have the vehicle towed to my home.
If the car is going to salvage (which I'm doing everything in my power to avoid), they are allowing me to remove all of my aftermarket parts, but are telling me that they're going to tow it to an auto auction yard an hour away from me. I'd then have to somehow haul all of the OEM parts and my tools to this auction yard and then spend who-knows-how-long to remove and replace the parts. I told them that I want it back at my house in order to do the work. I even offered to pay for towing to my house.
Good grief. Just go get it and drive it to your house. It is YOUR car. You have been driving with "frame damage" since February. There is zero reason not to pick it up.

If you decide to total it and give it to them, then ask for forgiveness. If you decide to total and then buy it back, then it is where you want it. If you take the time to fight the claim value then you can drive it for the next few months. Ironically you picking it up can save them on storage fees.
I totally agree, but the insurance company has to pay the shop for work completed prior to me being able to get the car. At last check, yesterday morning, the shop has not yet received payment.
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      11-14-2019, 02:48 PM   #53
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I'm assuming it's been disassembled somewhat at the shop so driving it home might not necessarily be an option. However, YOU still own the car (well..., your CU does, but NOT the ins. co.) and YOU should be able to decide what you want to do with it.

What I find kind of interesting is that they are already in the process of wanting to get it to Copart, yet are telling you you can take your stuff off it. I'm pretty sure there is no way you can go to Copart's yard and remove any stuff, so be careful.
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      11-14-2019, 03:07 PM   #54
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I'm assuming it's been disassembled somewhat at the shop so driving it home might not necessarily be an option. However, YOU still own the car (well..., your CU does, but NOT the ins. co.) and YOU should be able to decide what you want to do with it.

What I find kind of interesting is that they are already in the process of wanting to get it to Copart, yet are telling you you can take your stuff off it. I'm pretty sure there is no way you can go to Copart's yard and remove any stuff, so be careful.
Thanks for the heads-up.
Below is the email from them in regard to Copart.
And indeed, they are acting as though the salvage is a done-deal, which angers me all the more.
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      11-14-2019, 03:24 PM   #55
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Some success?
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      11-14-2019, 03:26 PM   #56
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Quote:
Originally Posted by RNByrd3 View Post
Thanks for the heads-up.
Below is the email from them in regard to Copart.
And indeed, they are acting as though the salvage is a done-deal, which angers me all the more.
The insurance company can not take the car from you and sell it as salvage until you sign paper work that agrees to do so. Do not sign anything. You have the option to buy it back. But still, the insurance company has to take into consideration that the car may have been previously damaged and it was unknown to you. You have evidence that it was in a prior accident where the car sustained damage to the left front end, exactly where the frame is perportedly damaged. That issue must be resolved before anything else.

You need to be forceful and demand that your case be moved up to a managerial level and reassessed. Do you have a local insurance agent?

And anyone who states that you don't own the car and your credit union does, is wrong. You own the car. The credit union agreed to lend you the money to buy it. You agreed to pay the credit union back for the loan.
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      11-14-2019, 03:29 PM   #57
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Quote:
Originally Posted by RNByrd3 View Post
Thanks for the heads-up.
Below is the email from them in regard to Copart.
And indeed, they are acting as though the salvage is a done-deal, which angers me all the more.
The insurance company can not take the car from you and sell it as salvage until you sign paper work that agrees to do so. Do not sign anything. You have the option to buy it back. But still, the insurance company has to take into consideration that the car may have been previously damaged. You have evidence that it was in a prior accident where the car sustained damage to the left front end, exactly where the frame is perportedly damaged. That issue must be resolved before anything else.

You need to be forceful and demand that your case be moved up to a managerial level and reassessed. Do you have a local insurance agent?
I do. I have an independent agent who I work with.
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      11-14-2019, 03:32 PM   #58
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I do. I have an independent agent who I work with.
Then call his ass and explain the situation. He does not want to lose your business. Be stern and in a nice, adult way, say WTF dude, what is going on with your insurance company, they are trying to fuck me over... again in a calm, stern manner.
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      11-14-2019, 04:06 PM   #59
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Still can't believe someone in the same situation can't help you.

I mean probably a ton of people with a smashed classic, something like a 69' camaro SS, even with a bent frame, no way the owner would send it to a salvage yard.
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      11-14-2019, 04:06 PM   #60
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Quote:
Originally Posted by tsuintx View Post

What I find kind of interesting is that they are already in the process of wanting to get it to Copart, yet are telling you you can take your stuff off it. I'm pretty sure there is no way you can go to Copart's yard and remove any stuff, so be careful.
+1 on this. Lots of people on the internet have been told they can take parts off only to be denied once the car was at the yard or storage lot.
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      11-14-2019, 04:12 PM   #61
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Quote:
Originally Posted by smassey321 View Post
Quote:
Originally Posted by tsuintx View Post

What I find kind of interesting is that they are already in the process of wanting to get it to Copart, yet are telling you you can take your stuff off it. I'm pretty sure there is no way you can go to Copart's yard and remove any stuff, so be careful.
+1 on this. Lots of people on the internet have been told they can take parts off only to be denied once the car was at the yard or storage lot.
I'm taking it home tomorrow.
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      11-14-2019, 08:11 PM   #62
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Originally Posted by Efthreeoh View Post
Time to up level the discussion to supervisor level.
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Originally Posted by RNByrd3 View Post
The other thing they're trying to tell me is that I cannot have the vehicle towed to my home. If the car is going to salvage (which I'm doing everything in my power to avoid), they are allowing me to remove all of my aftermarket parts, but are telling me that they're going to tow it to an auto auction yard an hour away from me. I'd then have to somehow haul all of the OEM parts and my tools to this auction yard and then spend who-knows-how-long to remove and replace the parts. I told them that I want it back at my house in order to do the work. I even offered to pay for towing to my house.
Up the discussion level to "LAWYER-LEVEL" -- consult one TOMORROW AM!! You are being Taken/Defrauded by the INSURER. It's YOUR car, and YOU have the right to authorize or refuse ANY repairs, towing, relocation to salvage yard or whatever!

Make sure you have ALL the details before talking with the lawyer, including name of insurer, contact info for adjuster, name & contact info of any shop that has done any work, shop's statement for services rendered to date, AND MOST IMPORTANTLY, anything YOU have signed either at repair facility, or with the Insurer.

If the claim is being made under your collision coverage, you can always deal with/SUE the insurer for payment later. The shop has a lien on your vehicle and can require payment (by you if NOT by Insurer) BEFORE releasing the vehicle. It has NO right to authorize removal of vehicle by Insurer, to salvage or otherwise, UNLESS you have authorized/ approved that and effectively signed title over to Insurer.

I do NOT practice law in PA. You need someone who DOES -- NOW!!

George
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      11-14-2019, 09:36 PM   #63
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And anyone who states that you don't own the car and your credit union does, is wrong. You own the car. The credit union agreed to lend you the money to buy it. You agreed to pay the credit union back for the loan.
Well, Iíll be damned. Got me on that with my bad choice of words... LOL!

Yes, OP owns it, but CUís interest still comes first when it comes to any other settlement than repair.
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      11-15-2019, 05:57 AM   #64
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Well, Iíll be damned. Got me on that with my bad choice of words... LOL!

Yes, OP owns it, but CUís interest still comes first when it comes to any other settlement than repair.
True that. Regardless of what happens to the car, the OP owes the CU the loan.
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      11-19-2019, 05:14 PM   #65
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We're wasting a LOT of electrons here with NO ACTUAL PHOTOS of the "alleged frame rail damage". The definition of BS is an expression of opinion WITHOUT any factual knowledge.

You have stated that the vehicle drives, steers & handles just as well as prior to the collision, so any "frame" damage is cosmetic & NOT functional. If the fenders, hood & door gaps are all proper, you are looking at a new bumper cover (painted) RF Fender liner and R grill according to the photos.

That "frame rail" is NO RAIL. It's a rectangular cross-section sheet metal "tube" which can get bent or dented without affecting anything. WHAT has changed dimensionally that affects performance or appearance? Even if the bumper beam is NOT perfectly aligned any more, does THAT affect anything? It's covered by the bumper cover, and still functional.

Sounds like a shop or adjuster is doing a number on you, and you are buying the scam. Just fix what affects performance (including alignment which you have NOT discussed) and repair the cosmetic damage.

HEY, if you want to play the Scam game on the Insurer, ask them what the salvage value is and what their FMV is. Then have them write you a check for the difference, pocket the change after repairs described above, and laugh all the way to the bank, driving your "same as before" 2011 E91, but NOW a new bumper cover.

George
Okay, so I was finally able to get the car today and was able to snap a few photos prior to it getting too dark. Without further ado...
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      11-19-2019, 05:21 PM   #66
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I was wrong about which side the defect was on. I thought it was on the side toward the engine, but it is not. After looking at the damage without the bumper cover, I can see that this accident likely caused the damage.
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