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Originally Posted by BavarianFanatic
Quote:
Originally Posted by EnerJi
But there is also no proof that it wasn't a manufacturer fault. The reasonable solution is to meet somewhere in the middle, which BMW obviously tried to do, but the OP apparently wasn't ready or didn't have the available cash on-hand to jump up to a brand new car, despite the $7,500 discount.
The OP has gone silent so we may never know, but in this case if the first offer (a discount off of a new car) was unacceptable, then BMW should have offered alternatives, such as a lesser amount of cash towards a used or CPO equivalent model. This would have paid for his deductible, offset some of his inevitable premium increase in the coming years, and ensured he could get into an equivalent model without an out-of-pocket expense.
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Here's the thing to remember in all of this. The losing party was the insurance company. They had to pay the claim to make their insured whole. Both THEY and BMW did their own separate investigations. Both were inconclusive. If even a hint of blame could be definitively placed on BMW following either investigation they would have denied the claim.
What BMW offered as goodwill was very generous. They had no obligation to do so. Attempting to push for compensation sufficient to bridge the gap with a brand new car was ridiculous. |
Just to clarify. The insurance company, in the USA would never deny the claim in this case. They would only deny the claim if the OP intentionally set fire to the car. That's all the insurance company is looking for in their investigation.
They don't care if BMW was at fault. The insurance company rarely subrogates in cases like this since it is so hard to prove one way or the other.