I don't think so, since you had insurance and provided them with proof of insurance. They are named on the title and they know it. I'd suspect that if you notified them they'd just say "Uh, OK...well, if it is totaled let us know and we'll tell you how much you owe us- until then there is nothing we can do"

my 2 cents

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Just got a message from my insurer, they are going to consider the car a total loss. Part of me is happy that I don't have to deal with DV or repairs, etc. etc. But the other part of me is sad that I have to look for another X5 with my particular requirements!

Hopefully they won't nickel and dime me on the total loss, it should be pretty clear given that I just bought the car. In fact, I can argue that I got a great deal on the car so the actual market value is higher. At this point, I guess I would be happy with breaking even......

Thanks to all who helped me through this process. The virtual hand-holding is certainly appreciated.

Buy a lotto ticket. Trust me you hit the jackpot. The headache you have been saved in lost time, cursing, and diminished brand loyalty to BMW is immeasurable. Even if your next car has half the options you want you will have come out so far ahead you have no idea. Having said that, they WILL nickel and dime you, that's their job. Fight tooth and nail and get as much as you can.

Good deal.

Remember, they also owe you sales tax, and any and all license/title fees that you will incur for the replacement.

Don't breath a word of what you paid....at least initially. If they are lower than your purchase price I'd press the CPO issues (ie they need to use only CPO cars from BMW dealers to make their comparisons)... remember, their pricing service is using every POS X5 sold in the US, including wrecks and auctions- they need to compare only cars that match yours. You can demand their comps (ie the description of the cars, and their location and sale price, they are using to define their value). You can point out if they are not comparable.

GL

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