Need advice on ICBC!!!
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Thread: Need advice on ICBC!!!

  1. #1
    track hack Array Young Lion's Avatar
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    Need advice on ICBC!!!

    Short story and I'm hoping someone can give me some helpful info:
    I get into an accident in my 2001 Nissan Sentra cage last week. It was entirely the other cars fault and they quickly admitted guilt and assumed responsibility.
    I have as much insurance as you can possibly have including replacement coverage.
    Today I get the news that there's $6000 in damage to my car and that its gonna be a week to fix - no problem.
    Here's the kicker - one day before the accident last week I bring it to the local Nissan dealer in hopes of trading it in on a newer model and transfering it to a lease program. They appraised my car at $13,000 for trade in value. I didn't get the numbers I wanted on the vehicle so we decided to keep it for another 6-8 months and try then - again, no problem. Out of curiosity I went back into the dealer to ask how much it's worth now that it has a declaration on it with 6 grand in repairs. They told me they would knock off at least 17-20% off the value so now I'm looking at $10,000 for my car. I ask the ICBC estimator today how much of that deprediation they are going to compensate me with, he says "we have no budget for that kind of thing so take us to court and try your luck, 99.9% of people who do, loose"!
    So I'm stuck with a car that, through no fault of my own, has been devalued by three thousand bucks and ICBC says tough shit!
    This is unbelievable to me, has anyone ever been in this situation and fought ICBC successfully? This could easily be a motorcycle accident and I'd be stuck with a bike that has a dec on it, possibly a rebuild and we all know what we think when we look at a bike with a dec on it - NO THANKS!
    Any help or advice would be appreciated. ...on the bright side, both the other driver and his wife were not injured and I got off easy with just a bruised knee.

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  3. #2
    Registered User Array Dalton's Avatar
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    Sue the driver then?

    Hell, sue his wife too.

    Do they have kids?

    Sue them.

    Pets too if they got 'em.
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  4. #3
    Got Hammer? Array gixxstar's Avatar
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    So far as I know ICBC is only obligated to "make it the way it was before" regardless of the tainted history the car gets from the dec. That being said, I second Dalton.

  5. #4
    Registered User Array Xander's Avatar
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    Hey, Lionel!

    Sorry to hear about your mishap.

    I'd probably fight that one to have ICBC delcare that a write off. Repairing the car for almost half of it's replacement value doesn't seem right to me, especially if there's damage to the frame or the safety cage.

    A co-worker of mine was in a similar situation last year. He was t-boned by another car in his Explorer which was valued at something like $30K, but ICBC wanted to fix it to the tune of $15K.

    He didn't feel safe riding in a vehicle that required that much in repairs so he fought it. In the end, he stood his ground and got ICBC to write off the vehicle and I think received the pre-accident value for it.

    Don't know all the details but I'll try to get them for you.
    Last edited by Xander; 03-20-2003 at 09:42 PM.

  6. #5
    Lordco Poster Boy Array Desperado's Avatar
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    You should fight it. ICBC probably won't put up that big of a fight seeing that you're pretty much at the 50% damage threshold. It's possible that you could get even more than the 13000 that you were offered from Nissan. Usually ICBC will go for replacement value rather than the wholesale book price as far as writing you a cheque. Good luck. Hope you don't get screwed
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  7. #6
    "Banzai" Array Samurai's Avatar
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    ........well, I wouldn't sweat it just yet man. If the repairs are done right, it will be just as good as new and you should not be losing anything. The sales guy really doesn't sound very professional in my opinion. There's no formula for what he is talking about (17-20% depreciation). Hell, he ain't even seen your car repaired. If the repair shop you choose knows what they are doing, you got nothing to worry about. Hell, it'll be built by hand now! heh,heh. That stupid declaration thing is AGES old.....I mean it was done up in what, 1978?? An over $2000.00 declaration is Nuthin these days. It was just meant to make ya check and ensure the repairs were done correctly if you were going to buy a car with a declaration on it. It gets a lot of people bent out of shape. Don't get rattled yet and just see what happens ..... that's my 2-yen worth based on past experience........
    Last edited by Samurai; 03-20-2003 at 10:22 PM.
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  8. #7
    track hack Array Young Lion's Avatar
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    Originally posted by gixxstar
    So far as I know ICBC is only obligated to "make it the way it was before" regardless of the tainted history the car gets from the dec. That being said, I second Dalton.
    I agree and thats word for word what the estimator told me, BUT, it didn't have a dec on it BEFORE or a stigmatism attached to it BEFORE. The way I look at it is simple - the car is an econo family sedan and any guy looking to buy this for his family to ride in isn't gonna pay top dollar for a vehicle thats had structural damage to the tune of 6 Large (two other Japanese dealers have backed up the Nissan depreciation level of 2000-3000). I know I wouldn't, regardless of the quality of repair. All you have to go by is the word of the guy selling the car and the receipt from the repair shop saying it was done correctly. Both of these can be manipulated real easy.

    In regard to Sueing the other guy, I don't have the heart. As he was giving the cop his address, the cop asked if it was a Victoria address and he said "No, my wife and I (both 72 years old by the way) are just in town for an appointment at the Cancer Treatment Centre". They don't need any more headaches...

    Xander, thanks buddy!

  9. #8
    oscarthegrouch
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    I would bet that they'd fight it tooth and nail. What you could do is go after the other driver in a small claims court civil action seeking the loss in resale price due to his accident. You are not allowed to profit from any insurance action, but in this case the insurance coverage doesn't cover the added loss. The only fly in the ointment might be proving that you wanted to sell it at that time, so the $$$ figure can be calculated. EG, if the judge figured that you might normally keep it for a further 5 years, the $$$ amount would be significantly smaller.

    You could conceiveably take ICBC to small claims either/or, since you represent yourself and they would have to pay lawyers etc and an action decided there could never be cited as a precedent, since it deals only with your action and not a possible 'class' action.

    Small claims would be significantly cheaper for you and would put the hurt on them for the $$$ regardless of outcome, plus delaying and stalling tactics would amount to zip out of your pocket, where they could afford to starve you to death in provincial court.

  10. #9
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    I'm glad you're not hurt. It is indeed frustrating when through no fault of yours, you sustain damage to your vehicle and end up having to declare the damage. With regards to the $2000 declaration, these days, a bumper on a higher end vehicle will cost more than that to replace/fix. I share Samurai's view that if you bring it to a reputable shop to have it fixed, it's fixed. Besides, salesmen are there to find every excuse to knock the price of your trade in to as low as possible. It's their job. Hope this helps a bit.

  11. #10
    Dekman
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    I hate ICBS they suck. And I hate dicks that run into cars . I would definately be suing someone its not your fault that the car is worth less because of the declaration. Personally I would never buy a vehicle with a declaration because you never know how well it was repaired body men are great at hiding stuff, been there seen amazing coverup jobs and Im very picky. Dealers will pretty much tell you they dont want the car because they wont be able to sell it so they totally lowball you. My brothers truck was in an accident and had a declaration prior to him owning it, then while he had it it was written off by ICBS because of another accident then when he went for a payout the gave him $2000 less because of the declaration it had from the first accident. The situation just sucks.

  12. #11
    Never again Array G-slide's Avatar
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  13. #12
    jmark008
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    having read all your posts and being a broker for ICBC, the only suggestion i can make is actually doing what your adjustor told you to do...take them to court. i have had clients who took them to court for compensating them for what is called "accelerated depreciation". in order to even having a chance at a settlement for more money, you'll have to do your homework by contacting the dealership where you wanted to trade in the vehicle and have them draft up a trade-in proposal showing the lesser amount being offered to you as a result of your accident. if you do your homework, you will have a fighting chance in court. pm me if you want any additional info. if you don't take them to court, they will simply tell you that "a car that has sustained any damge but is repaired properly will not depreciate the vehicle" but as we all know that is a load of crap.

  14. #13
    Got Hammer? Array gixxstar's Avatar
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    Unless they were planning to pay the $6000 that it'll cost to fix your car, you aren't so much suing them as you are ICBC. Regardless of what the claim costs, it's still a claim against them. It's ICBC that you will see in court, not them. That being said, a write off sounds like the easier route. Don't back down though, they will take you for a ride if they can.

  15. #14
    Registered User Array stinkyfast's Avatar
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    I am not saying to fake an injury ... just tell them how sore you have been and the inability to do certain activities plus the meds you have had to take for pain. I believe soft tissue damage gets you between 2 and 3 grand. Just my 2 cents. Cheers S.

  16. #15
    "Banzai" Array Samurai's Avatar
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    Originally posted by stinkyfast
    I am not saying to fake an injury ... just tell them how sore you have been and the inability to do certain activities plus the meds you have had to take for pain. I believe soft tissue damage gets you between 2 and 3 grand. Just my 2 cents. Cheers S.
    ...........uh, I wouldn't go there if I were you. I'd stick to the vehicle damage and the vehicle damage only. People claiming injuries (real or fake) is what causes our insurance to be so damn high in the first place! Fixing vehicles is relatively cheap compared to people wanting a zillion bucks when they are hit. Plus, it's insurance FRAUD if ya ain't really hurt. Pissed-off? ..hell yes, nobody deserves to get hit. Just keep a cool head and go from there. The dealers all play the same game....use the declaration against ya when you trade it in........but they still get full pop when they sell it. Whatever way ya slice it......yeah, it sucks. Good luck
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