2006 MINI COOPER S — SERVICE BRAKES, HYDRAULIC:FOUNDATION COMPONENTS:DISC:ROTOR

I WAS DRIVING MY BRAND NEW MINI COOPER S, HOME FROM THE DEALERSHIP ON THE INTERSTATE, I WAS CUT OFF BY A SPEEDING CAR WHEN I WAS TRYING TO CHANGE LANES. I BEGAN TO BRAKE AND TRIED TO GO BACK IN MY LANE (I DID NOT OVER-CORRECT), AND MY CAR BEGAN FISH TAILING WILDLY AND PULLING TO THE RIGHT. I COULD NOT CONTROL MY CAR FROM PULLING TO THE RIGHT, AND MY BRAKES WERE NOT WORKING AT ALL. I FOUGHT THE CAR, BUT I INEVITABLY WAS FORCED ACROSS THE INTERSTATE AT 65 MPH INTO A TREE, AND SLID UNDER A FENCE. I WAS NOT SERIOUSLY INJURED, BUT I WAS BRUISED AND VERY VERY UPSET. I CRIED FOR A WEEK, AND EVEN AFTER THAT I WAS SO DEPRESSED I DID NOTHING FOR A LONG TIME. HAD THE ACCIDENT OCCURRED A FEW MILES UP THE ROAD, I WOULD HAVE BEEN KILLED BY BEING THROWN OFF A CLIFF. MY INSURANCE COMPANY HAS HAD SEVERAL PEOPLE LOOK AT THE CAR. THE FRONT PASSENGER BRAKE WAS DEEMED FAULTY. MY INSURANCE COMPANY DEEMED IT AN "UNEXPECTED SEPARATION OF THE RIGHT FRONT ROTOR". FROM THEIR OWN DOCUMENTS " NON-DESTRUCTIVE HARDNESS TESTS ON BOTH FRONT ROTORS SHOWED AN ABNORMAL VARIANCE ON THE RIGHT FRONT ROTOR MATERIAL." ALLSTATE HAS REPEATEDLY TRIED TO GET BMW TO REIMBURSE THEM, AND US FOR THE AMOUNTS OF MONEY WE ARE OUT. BMW CONSISTENTLY CLAIMS THAT THE DAMAGE IS IMPACT RELATED, EVEN THOUGH THE VEHICLE WAS NOT IMPACTED ON THE PASSENGER SIDE, WHERE THE FAULTY BRAKE WAS DISCOVERED. THEY HAVE HOWEVER ASKED TO HAVE THE ROTOR SENT TO GERMANY FOR ANALYSIS, WHICH ALLSTATE WILL NOT DO. NO REPAIR HAS BEEN DONE TO THE C