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Puma, I don't see anywhere in your post where you say you don't understand...because you don't.
First, I did talk to BMW and because the car is at an approved repair facility and USAA guarantees their work, everything should be OK on that part. As long as the car is turned back in repaired properly everything will be OK. If it isn't repaired properly I can just take it back to the body shop.
Back to Puma. The other driver carries the minimum insurance for property damage in Nevada - $10k. The amount of diminished value for the car will likely be more than $10k. If that is the case, who should be responsible for that amount? Right, the other driver.
Out of 36 lease payments - 36 months - we will enjoy the car as we leased it for 9 days...and it was no fault of our own. Of those 36 payments, we may have the pleasure of driving a Ford Taurus for up to 4 payments...and it was no fault of our own. If we want to trade the car in to get a car without extensive repairs, diminished value will come into play. If we were to get any money for diminished value I don't mind passing that money right on to BMW assuming it will be enough to cover what will be owed to get into another vehicle. But keep in mind, if we get any money for damages other than the repair, I will not ignore money out of my pocket - sorry if you disagree, but I am not in the habit of paying for someone else's mistakes. That seems kind of stupid to take money from my family to pay for the mistakes of someone I don't even know.
If I receive an amount for diminished value that covers my expenses and the difference to get out of the car there is no reason for a lawsuit. If I get an amount from the insurance company and the other driver steps up to make up the difference BECAUSE HE IS RESPONSIBLE there is no reason for a lawsuit.
In reviewing your post you said, "Not the other driver's fault that you leased and the worst case scenario happened and you are now stuck with the car." This is where you make no sense because it is absolutely the other driver's fault. Would THIS situation have occurred if he was paying attention and didn't make an illegal U-Turn? While you are telling me not to be "sue happy" would you tell the other driver to step up and make the situation right if you had the chance to? Insurance companies to not pursue other insurance companies for diminished value and the insured party's own insurance company does not pay diminished value. I would hope you would have known that before passing judgement. Underinsured motorist insurance has nothing to do with diminished value and I do have that coverage. Again, you are making assumptions about things you don't know.
You called me low-class and you don't even know me. I being responsible for what I do and expect others to do the same. I don't know you and wouldn't want to pay for your mistakes just like I don't want to pay for this guy's mistake. It has nothing to do with whether it was an honest mistake or not, it was a mistake he made. Accountability and responsibility is a problem in the world today and you happen to be someone making the situation worse. I think your logic is totally flawed and you spoke (typed) about something you don't really know about. Do I know everything about it? Certainly not, but I wouldn't call someone names even if I thought I did.
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