Let me clarify, when I said BMW I meant the dealer.
And the dealers insurance is responsible, it would be no different if someone hit your car, their insurance is responsible for the repairs, not yours.
And while I know his insurance went after the dealer and their insurance for reimbursement, my buddy was told he had to take it up with his insurance the dealer would not repair the car otherwise.
His car ended up being totaled and it took two years and a full civil trial before he got anything out of it.
In my case the Lexus dealer tech was hot rodding my RCF, doing 75 in a 40 zone, taking high speed turns, did a donut style u-turn and it was all captured on my
dash cam and the data logger I had hard wired in the car. It even made the local news.