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Originally Posted by Bnagy4.8
Update: After a long conversation with the insurance company yet again, the insurance company is going back to the board to see what they can do. At the same time I have involved my insurance company to prevent them from diminishing my cars value. Being that this car is owned my bank they will not allow my vehicle to receive a rebuilt, reconstructed, branded, totaled title.
I got in touch again with my legal advisor/attorney and they said that "if" they put used engine into my vehicle (which they have the right to do) and my value of the car is compromised (which it will) then they are required to pay me for the loss in value based off of a car appraisers opinion. They also suggested that we contact my insurance to get them in the loop on the issue so they can "lean" on the insurance company for BMW.
I will keep this thread updated on any progress.
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I know that I'm late to this, but yes, get your insurance company involved asap, that's what you pay them for, and they will use their lawyers to fight with the dealer and the dealers insurance company so that you're not paying your own attorney (assuming he's not giving you advice pro bono).
In fact, you can probably work out a deal with your insurance company, get paid, and they'll go after the other company for you.