Insurance Claim Help

[DJAM3]

Not E46 related but there are a lot of experienced knowledgeable people here. Mods please move if necessary.

Unfortunately, last week a un-licenced, un-insured driver turned right into my 128i and totaled it. Airbags deployed but no injuries to me.

Couple questions:

• Initial proposed payout by the insurance is lower than I'd like. All their comps are automatics which, as you know, sell for thousands less than manuals. They are telling me WA state requires comps within 150 miles of my address. Any advice on trying to get a more accurate payout?
• If I don't get the payout I would like, is it worth taking the driver to court? Even if I win the case, I feel like collecting anything would be another story.
• This car was supposed to go to my 16yo son when he was ready. He learned to drive manual on it. Last month I bought a second M3 and was planning to sell old M3 in the spring. Am I crazy if I keep both M3s and let my son drive the old one?

[Rekpoint]

Rule #1, Never accept your insurance company's first offer. EVER. They are in the business of making money and will offer you less to see if they can get away with it.
Another suggestion if you do not get a payout you feel is adequate, Hire an independent appraiser to appraise the value of the car before the accident with comps etc. (I have never done this, But a good friend of mine when E36 M3s were still selling all day for 7k ended up getting 14k from his insurance company by doing this.)

[Cronenberged]

Glad your ok and that there wasn't further concern for a train.

[bmw m3 s50]

That's definitely totaled in today's market. As mentioned here, you need to get a independent appraiser. Insurance companies are going to use lowest valued cars for comparables. They do not care about color, transmission, and to a degree options or mileage. You kinda need to fight them and just brace yourself for headaches. I had a two month fight with an insurance company over a Honda Accord which they ended up paying out double then their original offer once the dust settled. Insurance Companies will always try to screw you because they make more money when they do.

Here is another piece of information to piss off everyone. As soon as they are done settling with you, provided to you don't buy the car back, is sell that car at auction. They will probably make back 50% or more of their payout to you once they are done.

[DJAM3]

I'll definitely look into an independent appraiser. Haven't called anyone yet because I wanted to relax during the holiday. The payout offer is not too far off but if I can squeeze out 10-15% more I'll feel a little better about this situation. My adjuster also told me they will sell the car at auction and if I wanted to keep the car and fix it myself they would give me 70% of the payout.

[PSUEng]

No experience here, but I'd take the driver to court just to make his/her life more difficult. Because, well...I'd enjoy it.

[bigjae46]

No experience here, but I'd take the driver to court just to make his/her life more difficult. Because, well...I'd enjoy it.

Werd. Sue his ass for a $1,000,000 just for shits and giggles. Probably would make the news.

[maw1124]

I'll definitely look into an independent appraiser. Haven't called anyone yet because I wanted to relax during the holiday. The payout offer is not too far off but if I can squeeze out 10-15% more I'll feel a little better about this situation. My adjuster also told me they will sell the car at auction and if I wanted to keep the car and fix it myself they would give me 70% of the payout.

Take the payout.

Sue the driver with some contingency lawyer (no fee unless they win -- all upside for you).

Keep both M3s and give the lesser one to your son. Use the insurance money to get both E46M up to snuff.

Buy a cheap beater from auction because there are too many unlicensed, uninsured drivers (apparently) where you are. And more importantly, WA insurance law requires comps from within 150 miles (which likely excludes all rare / special cars). This is why beaters are beaters.

So if you can get the payout and bring both E46M up to snuff, forget the 128 Manual (it's served its purpose) and buy a cheaper beater. Some A4 no one gives a shit about but it's still a good AWD beater for the area.

EDIT ... lately I'm all for paying cash for beaters and keeping my special ones special.

maw