ICBC screw over. Help!

[nikitakiceluk]

Hey everyone I need some advice!

Dec 9th I was in an accident, I got T-boned it was my fault unfortunately but my driver door was pretty banged up and the windshield cracked but no frame or engine damage. The accident happened in Ontario and I have all the appropriate insurance for being out of the province for school so coverage isnt an issue.

The repair shop sent ICBC an estimate for the damages and didnt hear back until he called them Dec 24th where the adjuster approved the repairs and work got started finally.

Jan 3rd I get a phone call from an estimator saying the car is a write off and a total loss and they will be paying me out?

I told him that the car was in the shop almost finished repairs that were approved by ICBC. He panicked and basically said he will get back to me.

I heard back from them 2 weeks later and basically the adjuster doesnt have permission to give approval for repairs but since this woman did and messed up, ICBC admitted a mistake had been made and they were at fault.

Now the car is fixed and they will not let me have it. They would like me to sign over a salvage agreement and they will pay me out. the car was worth $3200 and the repairs cost $3700. So over $500 they wont let me keep it because it should have been written off and now its not so I can't have it back? It makes no sense to me but due to their error I am out a car that was perfectly fine and repaired.

So now they will keep my car, and they said they will be selling it. But I don't have the option of buying it off them OR paying the difference.

I am so frustrated I could cry, basically I will get paid out $3000, and won't keep my perfectly good car due to THEIR ERROR.

Please any advice would help, i spoke with a lawyer but he didn't know what to do because it was such a messed up situation.

[dared3vil0]

Originally Posted by nikitakiceluk

Hey everyone I need some advice!

I was in an accident it was my fault

I will get paid out $3000, and won't keep my perfectly good car due to THEIR ERROR.

Erm, your car was written off because you had an at fault accident that was more than the value of the car. I don't think that was ICBC' fault.

[nikitakiceluk]

No it's not. It was written off because the damage was more then the vehicle was worth. It had nothing to do with it being my fault. They have never mentioned anything like that at all and told me the reason fr it being written off.

[320icar]

Get a better lawyer.

OR take the $3000 cash and buy a car that HASNT been t-boned

[dared3vil0]

Originally Posted by nikitakiceluk

No it's not. It was written off because the damage was more then the vehicle was worth. It had nothing to do with it being my fault. They have never mentioned anything like that at all and told me the reason fr it being written off.

Yes I know it's because it's more than the value of the car. I'll go edit it so that's slightly more obvious. What I meant was you're in this situation because you had an at fault accident, it's not being written off because of an error. It was going to be written off any way you look at it.

[nikitakiceluk]

You don't need to be rude, I was just looking for friendly advice. Thanks anyway.

[smoothie.]

DO NOT SIGN THE SALVAGE

this is their fault.

if they're paying you out, it better be worth a replacement car on the market.

If you don't sign the salvage, they are not allowed to sell your car or do anything until you've agreed on terms.

[dared3vil0]

Originally Posted by nikitakiceluk

You don't need to be rude, I was just looking for friendly advice. Thanks anyway.

1) Don't sign salvage
2) Get a better lawyer
3) DON'T SIGN SALVAGE
4) Good luck.

[nikitakiceluk]

I didnt sign it when they asked the 1st time Jan 14th and they just called me today because the car is supposed to be picked up tomorrow so they asked me to sign it again.

I refuse to, but what could they do if I dont sign it and I go pick up my car?

[smoothie.]

I would fight for:

a) Keeping the car and they are not allowed to write it off because it was not written off prior to repairs.

or

b) Let them write it off and sell it or whatever, but they need to pay you out a reasonable amount of money, to buy a replacement car in the same condition as yours (which means always ask for higher, because they'll take deductible out of this, and it doesnt account for vehicle inspections or maintenance items the new car will need)

The interesting issue here, is to see if ICBC would actually sell it as a rebuilt titled car, or try to sell it off as non rebuilt to make more money.

[dared3vil0]

Originally Posted by nikitakiceluk

I didnt sign it when they asked the 1st time Jan 14th and they just called me today because the car is supposed to be picked up tomorrow so they asked me to sign it again.

I refuse to, but what could they do if I dont sign it and I go pick up my car?

I don't think picking up your car is a good idea at this point.

As long as you don't sign salvage release form, they CANNOT write the car off.

[RRxtar]

so lets clear this up cliff notes style

your car was worth $3200
you got T boned
the cost of repairs is $3700
the car was labeled a write off and salvage only by an estimator
an adjuster at ICBC mistakenly gave the shop the go ahead to do the repairs
the car is now repaired, but has a salvage title due to being written off.



tough situation. the car should not have been fixed in the first place and should be a write off and now has a salvage title? but by a mistake, the repairs were given the go ahead. so technically the car has a salvage title. but technically the other way, the repair shop should have done all repairs necessary to make it road worthy.

[nikitakiceluk]

I won't sign the salvage.

But can the repo it basically? I'm scared if I go get it they will show up at my house and tow it. I'm at school in Ontario and I drove all the way out here, kind of need to drive it back in April haha.

[nikitakiceluk]

Yes that's exactly what happened.

[freakshow]

They made an error and fully repaired the car anyways? If that's true, then it sucks that you can't just get the car, since it was fully repaired.

However, in the case where they did everything 'right', you would only be entitled to $3200 +tax anyawys.

[smoothie.]

From what I read, they authorized repairs before it was deemed a write off?

Sounds like this agent sucks.

Keep calling their superiors to have this corrected.

Via payout or giving you back your car.

[nikitakiceluk]

I would rather just have my car back you know. Thy will be paying me out $3200 AND paying the shop $3700 and I said okay, well why don't I just keep the car, not take the pay out and save you money and they said it didn't work like that.

[PandaDog]

Wanting your car back due to sentiments will give you a harder time down the road when you try to sell it. You probably wouldn't get the price icbc is paying you, just sell it and buy another car with no accidents

[fliptuner]

What car is this?

Maybe you could get a better one for the amount they're offering.

[nikitakiceluk]

98 acura tl, 156,000kms the autobody shop said its in really good condition.

[fliptuner]

Originally Posted by nikitakiceluk

Thy will be paying me out $3200 AND paying the shop $3700 and I said okay, well why don't I just keep the car, not take the pay out and save you money and they said it didn't work like that.

Well that's fucking retarded. If the car's repaired properly and you're willing to accept that's it's going to have a rebuilt title attached to it, then who cares?

The way I see it, it's still your car so your options are:

-If you want to keep it, keep going up the ladder at ICBC and tell them you want your car back after you pay the deductible.

-Get a lawyer to fight on your behalf (although, it's not worth it over $3.5~k)

-Negotiate a higher payout, get another car and put this behind you.

[meme405]

The problem here is that ICBC marked the car as salvage only, meaning its not supposed to be repaired and put back on the road. At that point the only people they allow to buy the car at auction are certain people, who will part the car out, or dismantle it.

ICBC isn't doing this to save money, they are doing this because they don't believe regardless of the repair job, that this vehicle is worthy of being on the road.

I'm actually impressed that ICBC is making a stand and not just taking the easy route. If anything good on them for keeping a potentially unsafe vehicle off the road.

EDIT: To be clear ICE, there is a difference between "rebuilt" and "salvage".

[fliptuner]

Edit: dammit meme, you got me second guessing lol

Salvage = salvageable aka rebuildable

Non - repairable = parts only

[vitaminG]

biggest mistake was putting collision on a 3200 car

[TouringTeg]

Ok a bit of confusion here. I had to look on the ICBC website for clarification of each status. Salvage can be rebuilt and put back on the road.
I would take the payout as selling a rebuilt car is a pain.

http://apps.icbc.com/registration/vchr/faq.html#Q9

SALVAGE: This status is given to a vehicle that has been written off in an accidental loss, but has the potential to be repaired or reconstructed. The vehicle must be repaired and inspected before it can be licensed or reinsured.

Please note: Vehicle status alone does not fully describe a vehicle's mechanical condition or damage history.

REBUILT: This status is assigned to "salvage" vehicles after they have been repaired and have passed inspection.

Please note: Vehicle status alone does not fully describe a vehicle's mechanical condition or damage history.

NON-REPAIRABLE: This status is given to a vehicle that:

has been written off or otherwise decommissioned,
cannot be repaired due to structural or safety impairment, and
can never be re-licensed or insured
A Non-repairable vehicle may be used only for parts or scrap.