.....

[SkeptiKal12]

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[Crisqo]

What action did you want to take?

Your insurance company is covering for your repairs as well as your medical expenses, and you don't have to pay a thing, correct?

You have rental coverage with your policy I assume, so you are able to drive while your car is in the shop for repairs.

[aznxtambOy]

What action did you want to take?

Your insurance company is covering for your repairs as well as your medical expenses, and you don't have to pay a thing, correct?

You have rental coverage with your policy I assume, so you are able to drive while your car is in the shop for repairs.

That's what I'm thinking too. If it's not your fault for the accident then you don't have to worry as everything should be covered by insurrance no?

[SkeptiKal12]

1

[thephenom]

I am concerned about the depreciation on the vehicle which I am obliged to pay for. I feel its safety, structure and performance has been compromised. And I am concerned about the long term health of us involved. What I am really asking is, is there possibility for compensation regarding these two factors.

It's a lease, you don't own the car, so the lost in value actually belongs to the leasor since residual will be even lower. On the other hand, if the car was financed, I believe you can take action to get the value adjusted. But make sure you go to a BMW approved dealer since you do have to return the lease. For the safety and structure of the car, try to find out if there are frame damage, from the looks, it doesn't look so, so it's more cosmetic more than anything. Performance? What could be affected here, it doesn't seem like it did any damage to the drivetrain or suspension.

What type of long term injuries have you or your family sustained?

If you really want to pursue the best options, go to one of those auto accident consultant.

[diamond94]

As for the personal injury aspect, depending on how much of a impact it has had on you and the passengers in your car, you can always apply for accident benefits. If you’ve been out of work for more than a week, you can get income replacement benefits. If you can’t do your general housework, you can get housekeeping benefits. This applies to both you and anyone else who may have been in the car.

Again, its dependant on how serious your injuries are and if you’ve sustained the above losses/inconvenience. If you feel you have, then you’d apply for these benefits through your insurance company (forms can be found at http://www.fsco.gov.on.ca/english/fo...forms/claims/). You’d fill out the first form OCF-1 to kickstart the process.

I’ve worked at a personal injury firm for a couple years so I’m familiar with these things. Doesn’t sound like your injuries are too severe though so not sure exactly the extent of your injuries and the impact it has had. But like you said, you never know down the road exactly how some injury you may not take too seriously right now, keeps deteriorating and turns into something serious.

So think about it. You don’t have to go through a lawyer to get the Accident Benefits and can do it yourself. But, it would help to have representation when they start screwing you around and withholding benefits.

[Tomy]

what if op wanted to buy back the car in the first place..

now he lost half the value if he buybacks at the "agreed" price.. from what you're saying.. the contract's residual value will significantly decrease since the accident occurred?

actually on a side note... it sucks to get into an accident if the car isn't written off.. since regardless of lease/finance/100% owned.. ur left with a car that's half in value.. when you're not the one who caused the accident.

that's gonna suck.

It's a lease, you don't own the car, so the lost in value actually belongs to the leasor since residual will be even lower. On the other hand, if the car was financed, I believe you can take action to get the value adjusted. But make sure you go to a BMW approved dealer since you do have to return the lease. For the safety and structure of the car, try to find out if there are frame damage, from the looks, it doesn't look so, so it's more cosmetic more than anything. Performance? What could be affected here, it doesn't seem like it did any damage to the drivetrain or suspension.

What type of long term injuries have you or your family sustained?

If you really want to pursue the best options, go to one of those auto accident consultant.

[BartBandy]

On May 8th my family and I were involved, in what I would consider, a major car accident.

The picture says it was a minor accident. Your rear quarter panel, rear bumper, and trunk lid are all a bit mangled, your rear window is now pretty gravel, and your taillight is broken. There is probably a little bit of damage below the surface as well. I can believe it's still $16K in damage, but it's still a minor accident.

Shortly after the police showed up, my mom left to see a doctor while I remained to take care of what had happened. To this day I still feel pain in my neck from the impact.

Really? From that? You have a very good head restraint on a 335i. Very supportive seats. I'm not calling you a "liar", but I'm skeptical. "Fragile", if nothing else.

You didn't mention the airbags, and I don't see any in the picture. I assume they didn't discharge. You have 2-stage airbags in that newish 335i, and they didn't even discharge at the lowest setting.

I mean, in terms of impacts and g-forces, you can do much worse in typical jostling on a go-kart track.

The estimated damage to the car is $16,000 and as far as I know it is going to be repaired. Since the car is a lease I was told that I have no option but to remain making the monthly payments while they fix the car to working order. I feel unsafe driving it now even if they do fix it, and the car will never be the same again.

Life is not fair and I understand that but I wanted to ask the opinion of the members on what I should do (and can do) to try and remedy this situation so I don't end up losing big in the end? The car's value has obviously been impacted greatly (BMW 335) and as far as I know I am still forced to pay the same price for it. Me and my mom have missed work, lost sleep, are/were in pain and lost time because of this and we did absolutely nothing wrong.

"Forced"? Did BMW Canada rear-end you? Of course you have to keep making payments on it, and of course it is going to be repaired. That's the insurance company's call, and $16K is a lot less than a new 335i. Again, that's a minor collision. It's bodywork. I'd be shocked if the frame was bent in any way. It will drive fine. It probably drives fine right now. A bit loud with the missing rear window, but you can call it a quasi-convertible.

Be glad you're leasing it - you can walk away. BMWs usually don't make for great lease buyouts. The residuals are high.

As for your pain, lost sleep and missed work...

I am willing to take any legal action I can.

You were leasing a 335i. And you're asking for legal advice on RFD. What's wrong with this picture?

[SkeptiKal12]

2

[SkeptiKal12]

3

[thephenom]

what if op wanted to buy back the car in the first place..

now he lost half the value if he buybacks at the "agreed" price.. from what you're saying.. the contract's residual value will significantly decrease since the accident occurred?

actually on a side note... it sucks to get into an accident if the car isn't written off.. since regardless of lease/finance/100% owned.. ur left with a car that's half in value.. when you're not the one who caused the accident.

that's gonna suck.

Insurance only guarantees the work to bring the vehicle back to its original shape. If everything is not fixed, ie safety, structure, parts fitment, performance, then they have to do it right again. From that sense, you are getting back a car that is in mint condition. The rest is in your head.

The real loss comes in when one try to sell the vehicle because buyers tend to pay less for a vehicle involved in an accident even if it's repaired to a full 100%. As a lessee, you don't bear this loss since you're driving a vehicle good as new. Upon the end of the lease, you could give it back to the lease company without any monetary loss incurred.

I know it sounds like you got shafted, but that's how it goes. If you own the vehicle, then I think you can probably file a diminished value claim. I've read it online before, some states in the US require insurance company to compensate the lease company for the loss, but if you buy it back, you get the credit. So it might be worthwhile to see if the insurance company offers this.

If the OP wants to buy it back, which he doesn't, he can probably work out a deal with BMW Canada too.

[thephenom]

It'd be hard to guestimate the extend of the damage from just a picture. The rear passenger door couldn't be opened and was actually shifted rotationally from the impact, which lead me to estimate that a major repair was needed. $16,000 would cover more then just trunk and bumper replacement.

Long term injuries can't be determined acutely.... so who knows how my back will feel 1 or 2 years down the road.

I would obviously return the car at lease end (if the decision to keep making payments is made) but fear what they might say when I do turn it in.

What does it mean when you say it shifted "rotationally"? Your door can't open probably because the rear quarter panel is jammed into it.

$16k isn't all that much considering the price of OE BMW parts and professional labour. Just paint alone on BMW are expensive since they have an insane amount of colour coating on the cars. And for your rear quarter panel, that trim goes all the way to the front door. There are still the trunk wall lining they got to fix. I'm just saying, for 16k, it's probably not sub-frame damage. It could be, but probably not.

The only way out from making payments is to get someone to takeover your lease, or take a penalty to return the car early. It's not BMW's fault you got into accident even not at fault, much like it's not their fault if someone has to leave the country for work and want to turn the car in. That's why you take the car to the BMW-approved body shop to get the work done. You should call up the lease company and ask for such. Then they can't complain about the car not being "in-shape".

[D-3vil]

You didn't mention the airbags, and I don't see any in the picture. I assume they didn't discharge. You have 2-stage airbags in that newish 335i, and they didn't even discharge at the lowest setting.

I don't think airbags are supposed to deploy when hit from the back ...

[Tomy]

I know it sounds like you got shafted, but that's how it goes. If you own the vehicle, then I think you can probably file a diminished value claim. I've read it online before, some states in the US require insurance company to compensate the lease company for the loss, but if you buy it back, you get the credit. So it might be worthwhile to see if the insurance company offers this.

that's good to know for future ref.. can anyone expand more info on this....

[thephenom]

that's good to know for future ref.. can anyone expand more info on this....

Might want to inquire about it with your insurance agent next time you meet with them since I haven't seen anything related on the CDN side.