Auto Insurance advice needed - Non Cobra

[GASKETBOY]

Need to know if this is possible.

On July 3rd, I purchased a 2003 BMW 330CI. That's the good news.

On Saturday, August 9th, while my girlfriend was driving it home from her job she stopped to yield to traffic entering the freeway. Unfortunately, the driver behind her did not share her opinion and planted his 2003 Hummer into the trunk. Well, it wasn't really his Hummer - it belongs to the local dealership where he works. Good news is that there were no major injuries and everyone was insured.

My girlfriend is ok, a bit rattled and sore, but what can you expect from that much mass impacting from behind.

I am not certain if my request is feasible, and this is where I need some feedback:

Right now in my garage, I have a one month old ride that I have yet to make my first payment on. The damage affects the rear bumper and related hardware, both tail light assemblies, trunk lid, trunk pan, both quarters, rear window trim, and just about every part aft of the doors. Not a pretty picture by any means.

We decided last night that we do not want this car repaired and returned - we want his insurance company to take this car away, pay off the loan, and send a check for our original down payment. All I want from the automotiove side of this accident is to have a new car again - I really do not (will not) pay new car money for a rebuilt, repainted, pieced together car.

I have heard the term "diminished value", but not being in the insurance business I do not know how ins. compnaies work. If fixed, I will have a new car that has a black cloud looming overhead - considering services such as Carfax etc. the car is now worth a fraction of its former self.

Is my request reasonable? I fully understand that the insurance adjuster does not represent my best interests so I am looking for some insight from those who may have been here on how best to proceed. Right now I am dealing directly with his adjuster.

The accident was just reported Monday, so no action has taken place yet. The car is at my house, although it was driven home, it is not a driver - too many parts hanging off.

I do not want to play the "hire a lawyer they have deep pockets" game. I just want what I paid for a month ago - a new car. How should I proceed in my dealings with the adjuster so they agree to buy the car outright and send me a check. Wishful thinking right?

Help!

Jeff Guisto

private email at: jguisto@fenderusa.com

Thanks.