Great stuff, all of you and lx4life is right. So here is the end of the story...

For Swissfrank, they never did cop to the whole story. My assumption is that for the first five days it was at their shop, someone was using my car as their daily driver. Then, after the rebuilt tranney was put in they test drove it, blew a radiator hose and drove it all the way back to the shop with the gauge pegged. Hence the major over heat and dead car.

For quicksilver and weasel...I ultimately came out of this in real good shape. I listed and sold the car (as is) on ebay. The winning bid was $6500. Add that to what I got from the insurance co. and It's more than I ever could have gotten for the car anywhere.

Thanks to you all for the advise. I'm looking for and Acura MDX the wifey ;)

Take the check, and sue the repair shop. There is no reason you can't do both. Just remember to check first to see if you will have to pay the ins co back if you win.

The reason you should sue... Because bastards who destroy other people's property should not be able to get away with it and then do it again with the next BMW - or any other car.