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Discussion Starter #1
So almost 2 weeks ago I was going through a green light at an intersection and was taken out by a 66 year old ******** making an oncoming left turn. I'm basically fine just my back is still nagging me. Couple days after the accident the ICBC guy who declared my bike a writeoff called me and said the most they can pay me is declared value. I bitched and said I need compensation for tax, gear, everything else directly related to this accident. He said they don't pay tax and declared value is the most he can give me and to take other losses up with the adjuster. So I meet with my adjuster and he says (after I bring it up of course) they owe me the PST on the declared value and a GST voucher for if I buy a brand new bike. That first fucker straight up lied to me how can they legally do that?? The other thing is I had a set of Powers installed 45 minutes before the accident, they had maybe 20kms on them. I definetly should be compensated for that but I know the guy will be a dick about it. I'll be dealing with him tomorrow I'm hoping someone has been through this before and can offer me some advice. If you've had a writeoff did you get paid for tax and recent purchases?
 

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get a lawyer.
 
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Discussion Starter #3 (Edited)
They only care about the injury part from what I understood from my consultation. Wouldn't be worth hiring one to get my 500 bucks back for the tires.
 

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Twin A
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I'll help: get a lawyer. They will get you money for gear, etc. ..Been there done that.
 
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Discussion Starter #5
ask if you can swap your tires back. show them your damaged gear. if it's not damaged, don't whine about getting money for it.

the first fucker "legally" did nothing. he isn't your adjuster. he can "legally" tell you to go fuck yourself.

if you don't like where your claim is going, contact a lawyer.
 
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Discussion Starter #7
This just proves that ICBC is staffed with a bunch of dumb fcks who don't know what they're doing. You and I have received two different answers for essentially the same question.

I was in basically the same situation, and was told that if the accident was deemed to be the other driver's fault (i.e. on their insurance) I would be compensated for the market value of the bike. If the accident was deemed to be my fault, or if there was no way to prove that it was her fault (ding!), that I would be compensated for the Declared Value. Too bad for me, as it turns out I have no way to prove that she ran me off the road, and I sorely undervalued my bike when I moved back here with it from the States.

Small Claims, here I come. :rolleyes
 
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Discussion Starter #8
Wierd. When I was in the hospital I was told by the officer who attended the scene that the other driver was at fault and had been ticketed. But I haven't heard it from ICBC yet. It was obvious they wanted to pay me off for the bike as soon as they could though.
 
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Discussion Starter #9
fulltimes said:
Wierd. When I was in the hospital I was told by the officer who attended the scene that the other driver was at fault and had been ticketed. But I haven't heard it from ICBC yet. It was obvious they wanted to pay me off for the bike as soon as they could though.
Oh, definitely. They did the same with me. ICBC has no interest in making sure the proper person gets "credit" for the accident, only in closing your claim as fast as possible.
 

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X-nasty
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...and for god sakes, don't sign the "medical form" that they have. If you do, they will go through your previous injuries and see that you hurt your back at work 15 years ago and that this is the cause of your pain, not the pavement that you hit 2 days ago.

Payout denied. Great company they are.
 

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builder of bikes
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fulltimes said:
Wierd. When I was in the hospital I was told by the officer who attended the scene that the other driver was at fault and had been ticketed. But I haven't heard it from ICBC yet. It was obvious they wanted to pay me off for the bike as soon as they could though.
By your fist post it appears they read you very well.

It still amazes me how many people go through life not knowing how the real world works.

ICBC is not there to care about your accident. You are small potatoes. They are not an insurer but a short term lender. They are a govt branch that mediates a fair settlement between the two parties who both have rights. ICBC's structure services proper dispensation of much larger settlements. They fine tune single packages daily that contain variations in settlement equal to 30 of your claims put together.

Your tires were used. Why should you be compensated? Your bike had "tires" on it like all other bikes do. They don't care.

With a claim your size, a lawyer will most likely turn you down. Your injury claim is not worth his time nor is it in your best interest to pay him 30% (plus gst) of the bike claim they give you. Time to sit in front of the computer and do some research...dig in your heels and arm yourself against supposition. Complaining about it does not yield results.

You are your best lawyer.
 
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Discussion Starter #13
I feel I should be compensated for the tires cause thats $450 bucks down the shitter and if I was never cut off I would have had use of those tires rather than it be a loss. Just like the cellphone in my pocket destroyed in the crash. Plus new tires increase the market value.
 

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definitely talk to a lawyer. If gear is damaged ICBC is supposed to reimburse you for it. If you had witnesses then everything should be covered no questions asked.
 
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Discussion Starter #15
Your stuck with 'declaired value' because thats what you paying insurance on. Boats and RV's are insured the same, you buy a bike, boat, RV for 100bux, insure it and drive it as a 100buck vehicle, fix it up and dont raise declaired value. Your stuck with 100bux cause thats what you have declaired its value at(and paying insurance on, according to that value). You want more for your toy, declaire its value higher.
Cars are different cause they have the 'book value'. However expensive stereos and paint jobs, ect. need additional coverage because ICBC wont recognize there value as being more that what is basicly 'stock'.

Had this 'discusion' with ICBC after my CBR600 was stolen last year. Lucky for me, they did find it, the arguement of great running order, 'newer' tires, and 'NEW' condition was made considerable easier after they saw it....
 

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This question is a little off topic but how much is one usually expected to pay (ballpark) a lawyer in a case like this? Say if the lawyer netted you an extra few grand or so.
 

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Flieger sind Sieger!
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Hire a lawyer, wait 18 months to see how your injuries are progressing, don't talk to ICBC, ignore the crap they will send you (or your lawyer) etc., etc. Been there, done that.
 
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Discussion Starter #18
Rogue_Rider: Should I get the PST too then?

dann: Usually you sign a clause so the lawyer gets paid when you do and the rate is usually 30%.

VtwinVince: That works but I need money for my written off bike ASAP so I can buy another vehicle.. plus I still have a loan to pay off. I thought the bike, gear and injury parts of the settlements could be handled seperatly?
 

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Been there done that quite a few times. Hire a lawyer as Vince says. Do not speak to ICBC. ICBC needs to "think" you are going to take them to court. It is the only way to get any substatial amount of cash outa them. 99% of the time they will settle after a discovery hearing. If you do not go this route, you will get fucked up the ass. Talk to a lawyer! Do it!
 

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dann said:
This question is a little off topic but how much is one usually expected to pay (ballpark) a lawyer in a case like this? Say if the lawyer netted you an extra few grand or so.
for every extra $1000 you get the lawyer keeps $300, (or $333 if it goes to court)
 
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