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Old 10-14-2013, 06:49 PM   #1
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Vehicle written off over spilled milk

I lolled when I read this article.

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Michelle Chapman is trying not to cry over spilled milk.

The Surrey resident was shocked to discover last month that a June fender bender she caused that left almost no visible damage to either vehicle escalated into a $4,800 writeoff. She was more shocked to discover the reason why.

“They’re writing off the truck for spilled milk,” said Chapman, who ICBC is holding responsible for the claim.

The tale of the curious claim begins in June, when Chapman was stopped behind a black Dodge Dakota truck in her Chrysler Sebring sedan at a Vancouver intersection. When the truck advanced into the intersection, Chapman followed, but after she failed to see it braking again, she struck the vehicle.

“I got out of my vehicle right away,” said Chapman. “I checked his vehicle and there was no damage, I checked mine and there was a slight crack on my plastic license plate cover.”

In fact, there was some exterior damage, but it was minor. ICBC examined both vehicles about a month after the accident and estimated the cost to repair Chapman’s vehicle to be around $60. It found another $400 of physical damage to the truck. Chapman said she was surprised by the amount of damage ICBC found on the truck given that her vehicle was relatively unharmed, but what happened next left her at a loss for words.

“About another month later, I got a call saying they were going to writeoff his truck,” she said.

According to ICBC, an occupant of the truck Chapman bumped had been passing an open container of milk to a child in the back seat when it was hit from behind. The jolt caused the passenger to spill the milk onto the interior of the vehicle. Because it was a hot day, the drink quickly spoiled, leaving behind a foul smell in the cab — foul enough that the truck was deemed a total loss.

Because Chapman was found 100 per cent responsible for the accident, ICBC informed her that she could either pay for the entire writeoff or see her insurance premiums rise.

ICBC spokesperson Adam Grossman confirmed it was the spilled milk that ultimately caused the writeoff.

“It’s not uncommon. ... We have all kinds of claims and all kinds of liquids and fluids you wouldn’t even believe,” he said. “You can’t get smells out of cars, so spilled milk on a really hot and sunny day would cause a smell in the car.”

Grossman said customers may try to clean vehicles themselves after such a spill, but sometimes the smell just lingers. Even professional jobs that he said can cost thousands of dollars might not get rid of the stench. He said a vehicle owner in that situation would typically be given the option to get only the exterior damage fixed, or to be paid the vehicle’s market value.

Regardless of the owner’s decision, he said the at-fault driver can choose to process the claim against their insurance policy or repay it themselves. In Chapman’s case, Grossman said an insurance claim would cost a total of around $600 in increased premiums over three years — far less than covering the entire cost of the writeoff.

But for Chapman, it comes down to principle.

“I don’t understand the unfairness of it, really,” she said, adding that she would obviously be willing to pay for any physical damage she caused.

Chapman said she was not told about the spilled milk at the time of the accident, and added that she could not understand why it hadn’t been cleaned up before it could spoil.

Chapman has since spoken to lawyer Paul Roxburgh, who decided to take on the case on a pro bono basis.

“If I’m drinking milk in my car from an open cup and I spill it, that’s partially my fault and partially the other person’s fault,” said Roxburgh.

“It’s contributory negligence.”

Roxburgh said Chapman can’t afford a $4,800 writeoff, but she can’t afford higher insurance either.

“I think the (occupants) of the car that was bumped have some responsibility of their own, and it’s basically putting this poor woman in a situation where she won’t be able to drive.”

He said it is the duty of ICBC to look after the best interests of both parties.

“They preferred the people that spilled the milk over my client,” he said. “It makes a big difference to my client that (ICBC) decided not to fight it.”
http://www.vancouversun.com/news/met...415/story.html

TLDR: Lady hit truck in front of her and it was assessed $400 of damage. A month later, she gets a call from ICBC saying the truck was a $4800 writeoff because milk was spilled in the vehicle when it was hit and it spoiled causing an odour that can't be removed.
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Old 10-14-2013, 06:57 PM   #2
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Well...I guess...he went...on....a....mountain pass...BUT SPILLED THE MILK

EDIT: srs note. Steam clean carpets + one of those GIGA air spencers should do the trick. When there was vomit in one of my relatives cars, a $300 full interior detail got it brand spanking new
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Old 10-14-2013, 06:58 PM   #3
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Gotta' love IMBC

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Old 10-14-2013, 07:04 PM   #4
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Looks like the truck owner is milking his claim

Anyone else thinking that the milk was spilled before or after the accident and they're just trying to get a claim out of it?
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Old 10-14-2013, 07:29 PM   #5
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Old 10-14-2013, 07:39 PM   #6
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Looks like the truck owner is milking his claim

Anyone else thinking that the milk was spilled before or after the accident and they're just trying to get a claim out of it?
If they didn't, it inspires the next guy to do so.

I want to make it my mission to destroy the ICBC monopoly. I've had enough of their bullshit. I want to have collectors insurance on a modified collector car. I want to have people that are scamming the "one size fits all, gotta insure every body" system be treated like the pricks they are.

Enough.

My mom in Nova Scotia the year before moving here paid a bit less than $500 a year for car insurance. My father used to call up the insurance place and say, "I'm using the show car today, can you transfer the insurance from the truck?" I think we had storage insurance on everything, and rotated the driving insurance around on the cars we wanted to use on that day, based on not having licensed drivers in the house that could use the other cars. You know, a practical, logical system, made available through the use of computers and private insurance companies that catered to people of different needs.

Yes my friends, you can't really work there, and apparently you can't afford to have the lights on, but it IS the car insurance promised land. I mean, that was all 20 years ago, so its probably fucked up too.
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Old 10-14-2013, 08:27 PM   #7
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This kinda reminds me of apple suing the living daylights out of everybody just for the sake of it lol.

but seriously, who drinks an open (cup?) of milk in a car? i mean if it was a young child i would imagine it would logically be in a sippy cup
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Old 10-14-2013, 08:37 PM   #8
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Old 10-14-2013, 08:48 PM   #9
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I want to make it my mission to destroy the ICBC monopoly.
From someone who has lived in a province with private, competitive, insurance...please don't. ICBC has it's flaws, a lot of them, but you have no idea how many vehicles which are no problem here in B.C. can't be insured in other parts of the province. Not because they aren't legal for the road, but because no insurance company will touch them without charging extremely high rates.

Swapped your wheels from factory? Cancelled insurance or +$300/mo.
Changed your springs and dampers? Cancelled insurance.
Oh, you did a track day? Yeah, your road insurance on all vehicles is no longer valid. Find another insurance co.

Now, I will admit there were awesome benefits. I have 3 cars insured in B.C., and thus pay insurance x3. In my previous province, adding a second vehicle was about $100 a year, a third? $50. Fourth? $20. A YEAR.

But having my insurance cancelled on all vehicles because my name / vehicle showed up on an online track day entry list? Yeah, no fun.

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Old 10-14-2013, 09:02 PM   #10
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inb4 the next driver puts an open container of coffee or pop in his/her vehicle to get a write off in case of a rear end accident.
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Old 10-14-2013, 09:05 PM   #11
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So her premiums increased $600 over the next 3 years - a whopping $16.70/month.

Big fucking deal. She rear-ended someone and she's complaining? Fuck off.
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Old 10-14-2013, 09:15 PM   #12
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Oh either they worded that to make it look like 600/year (still not terrible) while skimming, or i'm blind. 600 over 3 years for an AT FAULT accident is like a gift to that dumb bitch.
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Old 10-15-2013, 08:05 AM   #13
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I don't really care about this lady's whining... I'm more concerned about why ICBC cares so much in this case, but tells so many other people with legit concerns over shitty repairs or things ICBC denies were part of an accident that occurred and won't cover/fix when they go this deep on something like this. No consistency whatsoever.
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Old 10-15-2013, 10:13 AM   #14
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Spilled milk or not she rear ended someone and the vehicle she hit was written off. Shut up, pay up and take a bus. Or get a loan from the bank.
I can't believe the Vancouver Sun would even publish a story like this.

So if anyone gets rear ended and want to write the car off. You know what to do.
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Old 10-15-2013, 10:18 AM   #15
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So her premiums increased $600 over the next 3 years - a whopping $16.70/month.

Big fucking deal. She rear-ended someone and she's complaining? Fuck off.
you could say...she's crying over...spilled milk...
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Old 10-15-2013, 10:21 AM   #16
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So her premiums increased $600 over the next 3 years - a whopping $16.70/month.

Big fucking deal. She rear-ended someone and she's complaining? Fuck off.
Apparently she can't afford $16.70 a month..............................
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Old 10-15-2013, 10:22 AM   #17
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I'm pretty sure for a claim such as trivial as this, ICBC must've sent an appraiser to verify the legitimacy of the claim. So it could've been really bad. That or they spill it purposely on a later date to get a payout
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Old 10-15-2013, 10:25 AM   #18
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I don't get to say this often, but I think ICBC is doing the right thing here.

If I got rear ended, and my drink (covered or uncovered) was spilled all over my carpets, I wouldn't be expecting to pay a cent. I was rear ended by someone! They're gonna be paying for it.

edit: The other thing that confuses me is that she would already be paying $460 for the repairs. And If she let's ICBC pay, she only pays the increase in premiums ($600). So the net effect of the change in decision is $140.. or $3.89 a month over 3 years..
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Old 10-15-2013, 10:55 AM   #19
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I am soooo putting a carton of milk in the glove box right now.

Next time someone even taps my car... BOOM all over the place.

Actually.. maybe I'll just pour it onto the fucking idiot who rear ends me...!
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Old 10-15-2013, 11:23 AM   #20
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Old 10-15-2013, 01:08 PM   #21
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Her $600 over three years is nothin but tis a big loss to ICBC they seem to be throwing money away. Why not put in a used carpet or have the one in the truck pulled and cleaned properly then re installed? That would be far cheaper then $4800. Chicks premiums would still go up but it would be one less loss for ICBC. If they operated with a little more fiscal responsibility maybe then they wouldnt need to rate rates
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Old 10-15-2013, 02:32 PM   #22
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this totally reminded me of kramer and his coffee top.

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Old 10-15-2013, 02:33 PM   #23
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Spilled milk or not she rear ended someone and the vehicle she hit was written off. Shut up, pay up and take a bus. Or get a loan from the bank.
I can't believe the Vancouver Sun would even publish a story like this.

So if anyone gets rear ended and want to write the car off. You know what to do.
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Makes front page of the Vancouver Sun today cause it's so important, I guess it gives everyone with common sense something to laugh at.

And really, $600 over 3 years is not much. She could probably buy 3 less articles of clothing and go out to a restaurant 2 less times a year and would be able to pay for it no problem.

I remember when I worked for a dealership, one of the salesmen had a 1 litre jug of chocolate milk explode under one of the seats and he had no clue it was under there. Smelled so bad after a couple weeks (iirc it was a really hot month when it happned) that one of the lot guys had to drive with his head out the window. Took it to the detail place and was good as new after. They put one of those odurizers under the seat after and it never smelled again. Cost him like $200 or something
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Old 10-15-2013, 03:08 PM   #24
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this totally reminded me of kramer and his coffee top.

Who told you to put the balm on?! The who? The Maestro?!
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Old 10-15-2013, 03:13 PM   #25
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Guys, GUYZ

You are forgetting.

For some people, when they get hit in an accident, its like hitting the lottery.

"Fuck yeah bishes, I'm getting me a new car, and some of that there fiziotherapy and all that"
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