of course it will probably be 4 new tires

 

Ouch...did you curb the wheel? How did that happen? How many miles to you have on these tires?

 

only about 10K miles on the tires at this time. I don't remember hitting a curb or anything that terrible.

 

At 10K miles, you should be able to replace only the damaged tire, assuming the tread life on the other three is pretty good. I replaced a damaged OEM tire at 18,000 miles and kept the other three until I replaced my tires at 40K miles.

Based on your photo, it looks like your wheel may have scraped up against a sharp object, given that the rim appears to be scratched/discolored near the tear.

 

Yep, that doesn't look like a warranty failure, looks like damage from a curb or something else based on the wheel. You might be able to get away with replacing just one (assuming it's not a driven axle), but it's not recommended with a significant difference in tread depth or wear or if the tires don't match.
FWIW, even if it were a warranty failure, they'd just cover the tire on a prorated basis based on remaining tread life.

 

Well Ihave the BMW tire and wheel warranty as well... so I wonder if that will cover it. covers damage from potholes and such. I didn't hear back from BMW yet.

 

roadside assistance is coming to pick it up. looks like buying all those nonsense warranties is paying off, lol. BMW said it will be covered with my wheel warranty

 

looks like buying all those nonsense warranties is paying off, lol. BMW said it will be covered with my wheel warranty

It's an interesting calculation and the evaluation includes your risk tolerance. Kind of depends on the cost of the insurance, the repair cost, and expected frequency of a claim. If they recommend and cover four tires and a rim, that shifts the evaluation a bit.

 

I still prefer the certificates that one can buy via Discount/America's Tires. I have used them twice in the recent past, once with a defective expensive Michelin tire on my Mercedes that was completely replaced for free and again this week on a tire on my i4 that ran over a nail and got a slow leak. In both cases everything was replaced or repaired for free with quick and friendly service. Not bad for just over $100 for each set of 4 tires. Ok, the rims are not covered, but the cost for repair/replacement ratio has been quite good for me, which I question with the relatively expensive BMW policies.