Help with ICBC Claim

[xerograv]

So I did a search through the topics, but I couldn't find exactly the info I needed, so I figured I'd make a new thread.

So back in September my CSX got written off, but I've been fighting with ICBC pretty much ever since, the lowballed the hell out of my car, and I went to see a lawyer, well, 3 months later, not much has happened, up until last week, they called me to come in today and discuss options with them.

They're willing to offer me $11,700 for my CSX, and while I'm glad its up from their original $7000 offer back in October (a whole bunch of nonsense because it was an ontario car etc), it's still not at all what I put into it. coil overs, camber kit, new tires/rims, and also halogens and the sound system I put in, I've got nearly $5k into it. of which about $2k of that is just labour.

My question are these, what are the odds they'll take that into account and add that to my Writeoff? as in, will they give me the $5k, will they discount the labour and just use the parts costs or some variation of that?

I know you can buy back the car after it's been written off (and whats the usual value?), but the Claims adjuster wasn't very helpful today, or in fact ever in this case. He's been very cagey about the whole process in general. So I'd like to know if Can I buy the car back and just fix the damages myself at a cheaper body place (the frame isn't gone, but it's pretty close) and then register it? if i can, what does that mean in terms of insurance, is a written off car eligible for collision, etc?

What exactly is the process for writing off a car, do they give me a cheque, do they send me off to a dealer to find another car? can I get them to find me a similiar model and purchase it for me?

I'm really not familiar with this at all, I've never been in an accident but I have heard horror stories of people getting ripped off which is why I've thus far refused to sign anything.

Any help would be awesome.

[van_city23]

You went to go see a lawyer, did you hire a lawyer? I'm sure he could answer your questions but I'm assuming you didn't hire one. Good luck trying to get anything for passed labour.

[godwin]

coil overs, camber kit, new tires/rims, and also halogens and the sound system I put in

The only way you can recover the cost of those is to swap those parts out and sell them separately as parts.

Only licensed wreckers can buy wrecks now.. they have tightened up the rules.

[Nssan]

Tell us what year is your CSX..

I'd say take the $11,700. Then, swap the aftermarket parts out, or just leave it. Up to you!

You will not get any more money from ICBC!

[xerograv]

I did hire the lawyer and $1000 later I was no where but with bills for back and forth emails between him ICBC which amounted, no pun intended, in nothing much at all so I fired him.

Anyone know what the rules are for swapping stuff out for stock, or if that'll cut into the payout? I guess since I wont be able to buyback the car, I'm pretty much stuck with what I initially paid for the car, ($12k), and the rest is toast. unless they add onto that. I'm just wondering if anyone has had a recent experience with that.

[knight604]

If you have the receipts to prove that you have done maintance on your car, please give to the adjuster, to increase the payout for your car.

[trollface]

Originally Posted by knight604

If you have the receipts to prove that you have done modifications on your car, please give to the adjuster, to increase the payout for your car.

I never understood this part. Is it even true? When you insure something, you insure it at a agreed value. Why would the insurance company pay out more than they normally would when the car owner decides to increasses the precevied value of the car without telling the insurance company so they can use the lower insurance rate?

Imagine me wanting to insure a shoe box full of pogs and you tell me it will be $20 a year. Then I go ahead and fill it with gold bars while still paying the $20 because I've never told you about the contents.

The box gets stolen and you pay me the value of the pogs. Then I turn around and say hey! I filled it with gold bars! You need to pay me more! I diden't tell you about the gold bars because I don't want to pay more than the $20/year.

I don't understand this.

[SpeedStars]

IIRC, if your car was written off with modified aftermarket parts, ICBC will NOT reimburse you for the after market parts but just the face value of the car. But you are free to swap those parts out if you provide the OEM part and install that in.

[Eff-1]

If you're saying you paid $12k and they are offering you $11,700 then consider yourself lucky.

Modifications usually don't increase the value of a car. So think of the $11,700 of the value for a stock CSX. For people with really expensive mods and upgrades worth more than $5k, you can buy optional extra insurance coverage for these types of situations.

They will give you a cheque for the payout plus 12% for HST. Buying a replacement car is up to you.

In some cases, you can convince ICBC to add a bit of money to the payout if you show them receipts for maintenance. For example, if you just bought brand new tires, you can argue that a car with brand new tires is worth more than one with used tires. That may increase the value of the offer but unlikely you'll receive more than what the new tires cost.

[xerograv]

thanks guys, appreciate the help. I'll post an update in a couple of days when they get back to me.

[lowside67]

Originally Posted by trollface

I never understood this part. Is it even true? When you insure something, you insure it at a agreed value. Why would the insurance company pay out more than they normally would when the car owner decides to increasses the precevied value of the car without telling the insurance company so they can use the lower insurance rate?

That is not always the case.

When you insure something rare and exotic, say a classic car, you typically will have two independent appraisals done and from there you will agree with the insurance company on a value. This means that if the car is stolen or written off, you will get a cheque for exactly this amount.

However, when you insure a car through ICBC, your rate is exactly the same whether you are insuring a rebuilt CSX with 150,000kms or a pristine 1-owner with 35,000kms. However, clearly, if you need to be paid out for the car you are not going to get the same value. ICBC clearly doesn't have time to have an appraisal done on each unique value so your rate is based on an average valuation of that year, make, model, and trim. However, you can certainly negotiate when it comes time to settle as the purpose of insurance is to make you whole again, that is that in theory if your exact car was for sale, you should get just enough to be able to buy an identical condition car. Clearly with used cars this isn't possible, but that's the theory. Here is the important part: the value that your mods add to the price of your car when you settle with ICBC is neither the amount you paid nor is it some depreciated value of what you paid. It is simply the amount more than a "standard" model of your car that a seller would reasonably expect to be able to get on the open market. Adding an upgraded stereo does not affect the value of a car. Adding an exhaust and a CAI does not affect the value of a car. Adding a turbocharger might.

With all that said, it's all just theory - the net result is it is a simple negotiation with ICBC. The more facts you have that support your case, the easier it is to argue it. Best of luck.

Mark

[freakshow]

ICBC will not, and should not compensate you for your aftermarket items, especially if they replace existing items.

Eg #1. You buy new rims. you sell the oem rims and pocket the money. you get into an accident. You think ICBC is going to pay you more because you have some TSW wheels on there?

Eg #2. You buy new suspension. ICBC doesn't care, because chances are, it's going to cost the same (if not more) for them to replace the suspension with OEM parts.

If you feel that ICBC has given you fair market value for a stock version of your car, then that is all they are required to do.

[Phil@rise]

Any autoplan agent should be able to provide you with an answer but from what I recall your comprehensive will cover up to $1000 in stereo and $5000 in accessories IE wheels tires and suspension/performance mods.

[noclue]

ICBC ain't a teenager drooling over your aftermarket mods and willing to pay extra for it.
Guess you learned the hard way that mods do not increase the value of a car, more likely to decrease it.

I had the same experience as OP when I crashed my car except it was repairs that I paid the day before

[bing]

You hired a lawyer for a used car that you bought for 12k? Lawyers charge roughly $300-400/hr for their time and no hiring one doesn't mean you automatically get what you want. You should have just handled this matter yourself and lowered your expectations. Mods aren't worth much if at all.

[dohboi]

Since the car was written off, you should see if you can bluff them out. They cannot sell or remove your vehicle until you have settled and signed off on the vehicle payout. A lot of times within days after of them declaring your vehicle written off they usually have already sold your vehicle to a wrecker, who has already stripped all your aftermarket goodies.

You should tell them you still have some personal belongings in the vehicle and you need to get them from the vehicle and ask them where its located.

As well. what Phil at Rise says is partially true, the comprehensive coverage for aftermarket stereo equipment maxes out at $1000.00 for aftermarket modifications is $5000.00 but this is for theft only, they actually have a different premium plan for coverage of your aftermarket equipment for collision. In a collision they will not compensate you up to those amounts especially since your aftermarket items replaced oem items. If you have your OEM items still, like original radio, speakers, springs, muffler, wheels, and they can locate your vehicle at one of their holding facilities, you need to send someone (cannot be yourself) to go remove your aftermarket goodies and leave the oem parts back in the vehicle, 1 for 1 exchange. The oem parts do not have to be re-installed, but they need to work for a company and prove that they do with WCB insurance under their employment so if they are injured while on site, ICBC is not liable.

[Gunsmokez]

I'm even surprised ICBC gave you 11k for your CSX from Alberta.
Take that and walk.

Btw, some mods will actually make it difficult to sell and depreciate your car as well.

[ImportPsycho]

oh man... OP wasted $1k on lawyer...

[ruthless]

Originally Posted by bing

You hired a lawyer for a used car that you bought for 12k? Lawyers charge roughly $300-400/hr for their time and no hiring one doesn't mean you automatically get what you want. You should have just handled this matter yourself and lowered your expectations. Mods aren't worth much if at all.

+1

or you should have just asked us...

[acurael]

My car was written off and i got a fair deal. They will not pay for things like brand new brakes etc. I had put brand new snow tires on the week before and they gave me about half back. Aftermarket parts will not add any value as far as I understood it because you are replacing a part that should already be on the car.

Another reason not to waste money on mods i guess?

[Meowjin]

whats even funnier is icbc offered 7k for a crx

[striderblade]

sorry to high jack the post but i have a question. I also got into a accident. Both my front tires are blown. These are winter tires i just put on. If they were to replace the front with the new one, are they suppose to replace the back one as well due to different threat %? I heard is illegal for them to replace the front but not the back. Is this true?

[trollface]

Originally Posted by striderblade

sorry to high jack the post but i have a question. I also got into a accident. Both my front tires are blown. These are winter tires i just put on. If they were to replace the front with the new one, are they suppose to replace the back one as well due to different threat %? I heard is illegal for them to replace the front but not the back. Is this true?

Nope. They will not do all 4. I had one of my tires dev. a bump after a crash. They will only replace the damaged.

[Eff-1]

Originally Posted by striderblade

sorry to high jack the post but i have a question. I also got into a accident. Both my front tires are blown. These are winter tires i just put on. If they were to replace the front with the new one, are they suppose to replace the back one as well due to different threat %? I heard is illegal for them to replace the front but not the back. Is this true?

They only will pay to replace the front tires. Also they will take a look at the amount of wear and then deduct a pro-rated amount to account for the depreciation. So you won't even get enough money for new tires, you'll have to pay the difference. Sorry for the bad news.

[Yodamaster]

Originally Posted by godwin

The only way you can recover the cost of those is to swap those parts out and sell them separately as parts.

Only licensed wreckers can buy wrecks now.. they have tightened up the rules.

There are still a few places with permits, though in general that is true.