08 has auto tailgate option- main reason why I waited.

Think most issues have been addressed by BMW (ie: via software updates, etc). I don't think there is too much difference.

But seriously consider 2010 model if you can possibly wait (yeah. car's wrecked and all, maybe you have other cars in the house that you can drive first). Newer iDrive will definitely make it better than 07-09 models.