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Power Sport News, Vol. 11, No. 2, 2007
Has ICBC Declared Your Vehicle a 'Write Off'?
By
Daryl Brown
Have you ever been in an accident where your motorcycle was
extensively damaged and the Insurance Corporation of British
Columbia (ICBC) told you it was a 'write off' or 'total loss'? This
meant your vehicle was not worth repairing and instead, you were
entitled to a cheque for the 'actual cash value' or market value.
The amount you received, however, was less than reasonable given
your custom upgrades or recent repairs.
In the process
of arriving at a dollar figure, ICBC uses a valuation tool known
as, Autosource. This is a computerized program that searches local
databases for advertised vehicles of similar make, model, mileage,
etc. The adjuster will often calculate an average price from the
search and present this amount as the actual cash value. While Autosource
is capable of locating similar type vehicles, it is not always capable
of noting the unique condition of a particular vehicle, such as
if you recently upgraded the chassis, modified the engine or made
significant general repairs. In order to negotiate an amount indicative
of what you feel your market value is, consider these three options.
The first and simplest option is to gather all receipts noting
your upgrades or repairs and any photographs depicting the condition
of your vehicle. You should also gather comparable advertisements
for vehicles of similar year, make, model and condition. To present
your position effectively, visit the vendors to photograph the condition
of advertised vehicles. Once you have a comparison portfolio, conference
with your adjuster and the manager. Always present your position
in a calm and rational manner. If this fails, you can proceed with
either the Evaluation or the Arbitration procedures described under
Part 9 of the Revised Regulation (1984) Under the Insurance (Motor
Vehicle) Act, B.C. Reg. 263/2006. It is important to remember
you only have two years from the date of the accident to invoke
the Evaluation or Arbitration options.
Under the Evaluation
option, you and ICBC retain separate evaluators to negotiate
with each other to arrive at a fair figure. To trigger this course
of action, you must serve ICBC with written notice by registered
mail. You then have 21 days to produce your own evaluator, of which
some restrictions apply. You are not permitted to hire yourself,
your mechanic, your employee or an employee of ICBC, a family member
regardless of where they live or anyone living in your household.
The evaluators then have seven days to contact each other and another
21 days to present the agreed amount or provide notice of their
inability to reach a decision.
Your third option
is to request the British Columbia Arbitration and Mediation Institute
appoint an arbitrator. Within seven days, an arbitrator will gather
all evidence and set a date in which a binding decision will be
rendered. The arbitrator's fee is split equally between you and
ICBC. While any of these options may appear onerous, it is reassuring
to know that you need not accept whatever amount you were offered
initially.
Note: This site is for information purposes
only and is not meant to be construed as legal advice or motorcycle
riding instruction. Circumstances concerning proper riding technique
are subject to change with conditions and experience. Contact your
local riding school for more information. For legal consultation,
contact Motorcycle Lawyer, Daryl Brown @ 400-713 Columbia St., New
Westminster, BC, 604-526-1821 or 604-612-6848. Content provided
by Motorcycle Lawyer.ca is not to be reproduced without authorization.
Motorcycle Lawyer.ca is a pending trade mark and any unauthorized
use of the name or likeness is prohibited.
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All Rights Reserved.
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