[Scuttles]

FOUR weeks ago now...driving at night and a lifted bro truck started harassing on the road, forcing us into a tree, totaling the 2013 335i.

Besides the police trouble (we werent actually hit - gut reaction when a big ass tire is in your face is to turn away from it - hence the tree part), insurance has been a total PITA. Progressive.

First reason is they put a new hire who knows literally nothing about cars on the case. After calling her out multiple times on being flat out wrong on their explanations, we are now dealing with the manager, who while helpful can only do one thing at a time, not addressing all the concerns we are having with this claim.

Progressive was unable to find com parables that met their requirements. They first tried to comp it to 2x 328i. Then they did comps in CA (we are in Seattle, WA), and dinged us because "its more $ to live in CA so car prices are higher//if it was a subaru, itd be worth more here"... bullshit.

Finally we found a comp - they mess up on multiple options (as they have in the past with other comps), have all sorts of deductions and stuff thrown in greatly diminishing our nearly perfect, just spent $5k on maintenance, fully loaded (yes -- every option unlike every single other ones of these - with an amazing interior color combo we havnet seen a single one like this).

Sorry for the short rant, we are just trying to get the value out of this car. Does anyone have any experience/tips/tricks for how to negotiate with these guys? Its been five weeks and hasnt really lead anywhere, largely due to the car being fairly rare in this area and not having any similar comps - as well as their valuation system being totally f'd with hwoever the contract the adjustments.

Thank you in advance for your help! We look forward to settling this asap

[bvrider1]

What do you think your 335i is valued at?

[Yessir]

Sorry to say, but you don't determine the value of your car, the market and what others are willing to pay does. The 5k you put in is a sunk cost, you will not be getting that back. Just because your car is a one off in your eyes doesn't give it anymore value. Bvrider asked the correct question. What you answer with will determine how this crowd will respond.

[Scuttles]

Totally understand. They should be giving us some $ back for our brand new tires...but thats it. Not the new battery, work we did, etc. Sucks but OK.

We are OK with market value...there arent any 2013 335i in our 150mile radius (just one), and they arent offering enough to buy it (even though ours has more options). $19.5k seems very reasonable for us, before taxes fees deductible etc. They are offering $16.5

[jkoral]

I went through this in June. I looked up the regulations in my state and what determines the total loss value. Here's an excerpt from my letter:

The relevant regulation from Massachusetts Division of Insurance for determining the total loss value lists four distinct factors that must *all* be taken into consideration. Regulation 211 CMR 133.5 (2)(d), specifically states:

133.05: Determination of Values
(1) Actual Cash Value. Whenever the appraised cost of repair plus the probable salvage value may be reasonably expected to exceed the actual cash value of the vehicle, the insurer shall determine the vehicle's actual cash value. This determination shall be based on a consideration of all the following factors:
(a) the retail book value for a motor vehicle of like kind and quality, but for the damage incurred;
(b) the price paid for the vehicle plus the value of prior improvements to the motor vehicle at the time of the accident, less appropriate depreciation;
(c) the decrease in value of the motor vehicle resulting from prior unrelated damage which is detected by the appraiser; and
(d) the actual cost of purchase of an available motor vehicle of like kind and quality but for the damage sustained.

I addressed each of the 4 points with specific concrete examples. Their initial offer was 10K for my 2009 135i with 77K, I asked for $16K in my letter, they countered with $15K which I accepted.

Typically they are in a position of power because many owners need the payout to put towards a new vehicle. I had already bought my M2 to replace my 135i and was in no hurry. In my case it took ~6 weeks.

[bvrider1]

14 Results from CarsForsale.com

I was bored and just avg out the selling price of...................

$10,262.50

[bvrider1]

Curious to see if you can get them to pull in the remaining 9k you want. I am rooting for you!!!

[BayE30]

Be an asshole with the insurance. For some reason, this is the only way to get what you want, when they will do whatever to get rid of you.

[DanG]

Go to BMW Seattle and have London give you a fair market estimate. Then present the estimate to Progressive. By the way, Progressive is a very poor company to work with. Alternatively have Haury’s Lake City Collision help you. Jeff Butler is the owner and BMWCCA member who is an insurance specialist.

[thebmw]

OP, you've given absolutely no details about your car. But I'm still going to try to help you out.

All numbers are assuming 75,000 miles on your car. Wholesale 335 sedans are as low as $10k and as high as $15k fully loaded xDrive M Sport. 335 coupes are $12k. Even the 335is is $18k in perfect condition. Add 10% to get the retail price.

So there is no way you're getting 19k for it unless Progressive screws up.

[Scuttles]

Thank you everyone. Not trying to add a lot of detail, as it doesnt really matter for this. Im not sure what area you guys are in finding those for $10-$16k, but in my area, within 150 miles as determined by the insurance company, there is a total lack of f30 335i on the market & being sold at a dealership (also insurance requirement).

Im asking if anyone has any tricks here for negotiating valuations with the insurance company. They add in a "condition adjustment" which we have gotten several answers as to what it is -- with no proof or evidence. They also add "Projected Sold Adjustment" which we were told is because the dealerships will neogtiate the value -- the the insurance company is putting that risk and burden on us. Around here, they dont really negotiate on used cars due to the influence brought on by Autonation. Not exactly sure how this is legal honestly, unless they go and negotiate that price for us, which they wont (we asked)

I will visit Seattle BMW tomorrow - thank you for that advice.

[thebmw]

Area adjustment is really not that much. Maybe $500 maximum. You have to remember that they have online access to National databases. All the data is based on sold data not asking price data.

[IK6SPEED]

Originally Posted by Scuttles

Totally understand. They should be giving us some $ back for our brand new tires...but thats it. Not the new battery, work we did, etc. Sucks but OK.

We are OK with market value...there arent any 2013 335i in our 150mile radius (just one), and they arent offering enough to buy it (even though ours has more options). $19.5k seems very reasonable for us, before taxes fees deductible etc. They are offering $16.5

Last 7 of VIN so we can see options?

Mileage?

[thatBimmerBloke]

Originally Posted by bvrider1

Curious to see if you can get them to pull in the remaining 9k you want. I am rooting for you!!!

Aren't they already offering him $16.5k? So just remaining 3k?

In my opinion $16.5k for '13 335 is more than generous, regardless of the options and availability of the car in that particular area.

[Dheeth-G80]

Originally Posted by IK6SPEED

Last 7 of VIN so we can see options?

Mileage?

On 3-24-19 he had 65k miles (based on one of his previous posts), I'd assume he's somewhere between 70-80k now.

[Dheeth-G80]

https://www.cargurus.com/Cars/invent...ting=258765021

[IK6SPEED]

Originally Posted by thatBimmerBloke

Aren't they already offering him $16.5k? So just remaining 3k?

In my opinion $16.5k for '13 335 is more than generous, regardless of the options and availability of the car in that particular area.

Depends on if M Sport and options.

[Savageenterprise]

Originally Posted by Yessir

The 5k you put in is a sunk cost, you will not be getting that back.

This is why I lease cars now.

[F36GC_NYC]

Originally Posted by Savageenterprise

This is why I lease cars now.

even if you kept receipts for everything?

[Orion4]

Oops! Just saw the mileage estimate:

What is the mileage on the car. $16.5k sounds like a decent number for a 13 335i in excellent condition and low to moderate mileage.

I dont know what else may inflate that number to the $19k range

[AlpineX]

Judging from the 4 rwd 13 335i's I saw on car gurus within 150 miles suggests that your car is worth more than 16k. Truly fully loaded, near perfect, with $5k in maintenance last 60 days?
I think a 13 335i is bad value for a buyer but that's not how the car business works.

[SeattleLSB]

Progressive gave me 7k for my 2003 330XI with 250K miles last year. Stay after it in Washington.

I would just hire an independent appraisal for $500 bucks and I would also talk to the Insurance Commissioner as living in Washington you have strong rights.

https://www.autoappraisal.com/total.htm

Remember, they need to offer you a fully loaded offer, Taxes, Licensing etc. Remember ST3 adds $500-700 in lost value.