Valet company won’t use their insurance for car they totaled

Puffy Lux
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[Cross posting in r/legaladvice as well]

A valet driver inexplicably didn't use the parking break in my manual transmission car, and also didn't put the car in gear. It subsequently rolled down a hill and into a concrete pole. I've just found out the car is totaled.

For four weeks, I fought the valet parking garage company to use their own insurance. They insisted I use mine because it would be easier and because their deductible was higher than the value of my car. During this time my car–which is no longer drivable–is just sitting in their garage. They told me my insurance wouldn't increase my policy because it wasn't my fault, and they ensured me they'd waive my deductible as well. Surprise! Geico won't waive my deductible and it still may affect my policy…

My car is not easily replaceable, and I don't really want a different car. It took me 14 months to find the one that's totaled, and I'm not really trying to do that again. It's a 2007 BMW 328xiT (wagon) with a 6-speed transmission and sport package, no rust because it's lived it's whole life on the west coast of the USA. Insurance is saying the value of my car is roughly HALF what it would take to buy the same car, AND it would take me roughly another year to find another one. My mechanic recommends not seeking repairs, as it would become a salvage title vehicle, and it would have mechanical gremlins forever.

Background on my make/model: https://totallythatstupid.com/2014/02/28/2011-bmw-328i-wagon-m-sport-the-unicorn/ which insurance companies don't care about, but which is the reason why BMW enthusiast pay top dollar for one.

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The valet company eventually conceded that they would pay my deductible, so I went forward using my insurance until now… I've asked my insurance to halt proceeding with my claim so I can seek advice. The claim has only gone as far as estimating damages (done by Geico, a body shop, and mechanic). What do folks think I should do here? I did ask for a police report to be filed, but the officer refused to do so because the valet attendants did their job… even though I couldn't get insurance information from them. Not sure what else I can/should do here.

submitted by /u/TrueBruuuce
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