Automotive

Non Fault Car Write Off- Know Your Rights And Get More Money!!!

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Deal Addict
Oct 5, 2009
1175 posts
450 upvotes
Dartmouth
rfd-addict wrote: Thanks, I was looking if someone has insight into any specific rules that I may have missed in this thread. Are these not considered an improvement options that makes the vehicle more desirable when you buy them from the dealership?
The warranty and service package are not physical options attached to the car and thus not is sited by your policy. The policy requires they pay you ACV of the car only. You can try to go to your dealership and see if they will refund part of either of those things now that the car is a total but that’s between you and the dealer insurance company has 0 responsibility for them period. Winter tires? Well a car has to have tires to drive so when they take possession of the car it needs tires on it. Many insurance companies will let you take off the winters and put the summers back on (at your own cost) if you want to try to sell the winters yourself on Kijji or something .
Newbie
Sep 17, 2008
57 posts
4 upvotes
Thanks for your replies.
Does anyone know the mileage adjustment rate per KM ?
Thanks
My For sale Link:
Sr. Member
Dec 8, 2017
676 posts
330 upvotes
Damn, I wish I had known this six years ago. I accepted an offer that appeared low, but I didn't realize that this was something that could be negotiated. Now I'll know for next time (which hopefully won't happen).
Deal Fanatic
User avatar
Jan 22, 2008
6946 posts
7520 upvotes
BC
Apologies if the question has already been answered in one of the previous 36 pages, but I am in the process of negotiating a total loss settlement with ICBC. I have heard about people being able to buy back their vehicle after accepting a settlement offer and then either fixing it privately and then have it inspected or parting it out. The ICBC rep I spoke with said that the buy back (owner retention they call it) option is really an option for rare and collector vehicles. I would have to apply for it and could quite possibly be denied. I have read section 7 of the OP, but ICBC seems to play by different "rules."
-Read store exceptions before combining discounts with cash back sites
-HomeDepot clearance prices are not shown on stocktrack or HD.ca
-There is a difference between NEED (necessities) and WANT (desires). The word NEED is over-used on RFD and in general.
Newbie
May 29, 2003
77 posts
30 upvotes
Hello and Happy New Year! I have read and searched a bit here but am still unclear and in need of some help. My 2021 Terrain was parked on the street. Another driver saw a squirrel, hit the gas instead of the brake, and turned into my vehicle. My vehicle hit the parked one in front of that, and that one hit the one in front of it. Anyways, my car was written off. Cost out the door was 46k. My insurance(AVIVA) had to let us know the book value was 28k now, but they will cover the cost of the vehicle. We sent in the bill of sale, and they called the dealership for a price of a new model with the same options. They came back with a valuation of 43.9k and they won't cover any fees on the bill of sale. Omvic, GM Program/admin, licence fee, etc. The cost of the vehicle is the cost of the vehicle. I can maybe see that I purchased a tire and rim warrantee for $600, but still, beyond that, it should have been all covered. Financing is now up 3%!!! That will cost up to 6k more! This no fault accident is now going to cost me 8k!!! What a kick in the nuts! I'm just shocked. Any help is appreciated. Has anyone gone beyond insurance to sue the other driver? No one was hurt in any of this physically, but financially..... YES!!!! Thanks.
Deal Addict
Oct 5, 2009
1175 posts
450 upvotes
Dartmouth
seanb10 wrote: Hello and Happy New Year! I have read and searched a bit here but am still unclear and in need of some help. My 2021 Terrain was parked on the street. Another driver saw a squirrel, hit the gas instead of the brake, and turned into my vehicle. My vehicle hit the parked one in front of that, and that one hit the one in front of it. Anyways, my car was written off. Cost out the door was 46k. My insurance(AVIVA) had to let us know the book value was 28k now, but they will cover the cost of the vehicle. We sent in the bill of sale, and they called the dealership for a price of a new model with the same options. They came back with a valuation of 43.9k and they won't cover any fees on the bill of sale. Omvic, GM Program/admin, licence fee, etc. The cost of the vehicle is the cost of the vehicle. I can maybe see that I purchased a tire and rim warrantee for $600, but still, beyond that, it should have been all covered. Financing is now up 3%!!! That will cost up to 6k more! This no fault accident is now going to cost me 8k!!! What a kick in the nuts! I'm just shocked. Any help is appreciated. Has anyone gone beyond insurance to sue the other driver? No one was hurt in any of this physically, but financially..... YES!!!! Thanks.
The coverage you have have is waiver of depreciation. It covered the loss of value (depreciation) a vehicle experiences as it ages. Fees are not part of the vehicle they don’t “depreciate “ You don’t insure your financing you insure the vehicle In some provinces you can buy a replacement cost policy that covers the replacement cost (Ontario is not one of those provinces)
It’s not nuts at all you are getting the coverage you agreed to to buy the policy. Your broker may not have explained it to you properly or you may not have read it well but you are getting what you paid for.

If you go though insurance on Ontario you can’t sue the other person for the loss . It’s the law You either sue them for everything or go through insurance you can’t do both.
Deal Addict
User avatar
Dec 2, 2002
1737 posts
565 upvotes
I know this was asked previously, but how are insurers dealing with the current used car market?

I’m looking at comps for a mainstream car and where there once used to be dozens, now I can only find a handful. Plus when it comes to ACV and actual selling price, where a 10-15% off the asking price used to be common for used cars. I’ve called a couple mainline dealers and have been told there’s no negotiation.
Newbie
May 29, 2003
77 posts
30 upvotes
Toolatecrew wrote: The coverage you have have is waiver of depreciation. It covered the loss of value (depreciation) a vehicle experiences as it ages. Fees are not part of the vehicle they don’t “depreciate “ You don’t insure your financing you insure the vehicle In some provinces you can buy a replacement cost policy that covers the replacement cost (Ontario is not one of those provinces)
It’s not nuts at all you are getting the coverage you agreed to to buy the policy. Your broker may not have explained it to you properly or you may not have read it well but you are getting what you paid for.

If you go though insurance on Ontario you can’t sue the other person for the loss . It’s the law You either sue them for everything or go through insurance you can’t do both.
Thanks for the info. I'll phone a lawyer in the morning for a consult. No reason to go through insurance if I can lose less by suing. But then they would have to have the money or insurance to cover that. That could be a big risk. Never would have thought this would happen. May as well have just had thousands stolen from me.
Deal Addict
Jul 11, 2006
3127 posts
2182 upvotes
seanb10 wrote: Thanks for the info. I'll phone a lawyer in the morning for a consult. No reason to go through insurance if I can lose less by suing. But then they would have to have the money or insurance to cover that. That could be a big risk. Never would have thought this would happen. May as well have just had thousands stolen from me.
Ontario works on a no-fault insurance program. Contacting a lawyer will not help at all, and further, the advise you were given is absolutely correct. You cannot sue, other than for certain personal injury provisions. The fees you have mentioned don't go into the final calculation. In Ontario, there is (or at least was) the option to get vehicle replacement when you first insure your vehicle. I believe it is valid for the first two years and is a few bucks a month. I seem to remember calling my insurance company after the two year mark and having to remind them to remove that additional fee if my car wouldn't be covered at replacement value further.

Further, when I look at your matter, I see that you are losing $2100 for wear and tear and use for what could be as much as a two year period. You haven't mentioned condition, mileage or damage whatsoever. This I would find to be normal but you have the right to ask for their calculations to examine their means of arriving at the final number. Actually, I find that high considering you never had to fight for that number and it sounds like they are giving you replacement value minus wear and tear/use.

Am I wrong in assuming the insurance company is replacing your vehicle with a new model of the same build configuration? Something that would have gone into their consideration is that vehicle prices have gone up since your car was made available. The unfortunate result of COVID is that there arent available vehicles on any lot, but for Chrysler Dodge. You probably also won't be finding the same car on a lot so you will have to wait for the build so they will take care of your transportation in the mean time. Is this correct?
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Deal Addict
Oct 5, 2009
1175 posts
450 upvotes
Dartmouth
flamenko wrote: Ontario works on a no-fault insurance program. Contacting a lawyer will not help at all, and further, the advise you were given is absolutely correct. You cannot sue, other than for certain personal injury provisions. The fees you have mentioned don't go into the final calculation. In Ontario, there is (or at least was) the option to get vehicle replacement when you first insure your vehicle. I believe it is valid for the first two years and is a few bucks a month. I seem to remember calling my insurance company after the two year mark and having to remind them to remove that additional fee if my car wouldn't be covered at replacement value further.

Further, when I look at your matter, I see that you are losing $2100 for wear and tear and use for what could be as much as a two year period. You haven't mentioned condition, mileage or damage whatsoever. This I would find to be normal but you have the right to ask for their calculations to examine their means of arriving at the final number. Actually, I find that high considering you never had to fight for that number and it sounds like they are giving you replacement value minus wear and tear/use.

Am I wrong in assuming the insurance company is replacing your vehicle with a new model of the same build configuration? Something that would have gone into their consideration is that vehicle prices have gone up since your car was made available. The unfortunate result of COVID is that there arent available vehicles on any lot, but for Chrysler Dodge. You probably also won't be finding the same car on a lot so you will have to wait for the build so they will take care of your transportation in the mean time. Is this correct?
In Ontario the 43 endorsement or waiver of depreciation pays you based on MSRP,Bill of Sale or the cost of of an available comparable (or does NOT have to be exact but they would need to top
Up the $ for any differences in missing options) whichever is LESS ”

This is not a “replacement “ policy. The insurance company doesn’t buy you a new car. They have to give you the right amount of $ for your car without any depreciation . This is a common misunderstanding. There doesn’t have to be another car available. They give you the money and you do what you want with it. You can buy another of the same car, you can buy a different car or you can blow it all on weed. All
They are responsible for is giving you the $. They don’t need to supply a rental while you look. If there are no cars for sale it doesn’t matter.

In this case the fact that the price has gone up is irrelevant because if the price you paid for the car when new is less than what it cost today that’s all they pay. It’s the lesser of the 3 prices .

People need to read and understand their policy and what a waiver of depreciation means
Deal Addict
Jul 11, 2006
3127 posts
2182 upvotes
Simply trying to clarify some of the things he said but our explanations are much the same.... We can remove the words depreciation if you want and substitute that with available comparable. IMO he lost the $2k as a result of his vehicle not being in the same new condition as when it was purchased. Call it what you will but it is the depreciated value being used.

Also I explained that there is a program in place where the vehicle is replaced with new if something occurs and it is written off, but it is with an additional cost. I know as I had it.
__________________________
Deal Expert
Oct 7, 2010
15536 posts
5790 upvotes
seanb10 wrote: Hello and Happy New Year! I have read and searched a bit here but am still unclear and in need of some help. My 2021 Terrain was parked on the street. Another driver saw a squirrel, hit the gas instead of the brake, and turned into my vehicle. My vehicle hit the parked one in front of that, and that one hit the one in front of it. Anyways, my car was written off. Cost out the door was 46k. My insurance(AVIVA) had to let us know the book value was 28k now, but they will cover the cost of the vehicle. We sent in the bill of sale, and they called the dealership for a price of a new model with the same options. They came back with a valuation of 43.9k and they won't cover any fees on the bill of sale. Omvic, GM Program/admin, licence fee, etc. The cost of the vehicle is the cost of the vehicle. I can maybe see that I purchased a tire and rim warrantee for $600, but still, beyond that, it should have been all covered. Financing is now up 3%!!! That will cost up to 6k more! This no fault accident is now going to cost me 8k!!! What a kick in the nuts! I'm just shocked. Any help is appreciated. Has anyone gone beyond insurance to sue the other driver? No one was hurt in any of this physically, but financially..... YES!!!! Thanks.
I feel so bad for you. The guy should had just run over the squirrel. The squirrel cost you thousands.
Deal Addict
Oct 5, 2009
1175 posts
450 upvotes
Dartmouth
flamenko wrote: Simply trying to clarify some of the things he said but our explanations are much the same.... We can remove the words depreciation if you want and substitute that with available comparable. IMO he lost the $2k as a result of his vehicle not being in the same new condition as when it was purchased. Call it what you will but it is the depreciated value being used.

Also I explained that there is a program in place where the vehicle is replaced with new if something occurs and it is written off, but it is with an additional cost. I know as I had it.
If you insure a car in Ontario this is what you can get

https://www.google.com/amp/s/www.thinki ... n.amp.html
Deal Addict
Oct 5, 2009
1175 posts
450 upvotes
Dartmouth
flamenko wrote: So we're are saying the exact same thing...
No we are not.

The vehicle is not REPLACED. They are provided with an amount of $ that offsets depreciation

You continue to say this
“ but it is the depreciated value being used.”

That’s not the case. It’s not a depreciated value.
Newbie
Oct 9, 2019
12 posts
2 upvotes
Hi guys can somebody help me here basically I have 2013 2013 GMC Acadia 200k it was rare ended not my fault at all my gmc needs tail gate lift gate replaced new bumper and that plastic bumper below bumper car runs fine no issues it was taken to body shop requested by insurance they told me car will be a write off . Now what are my options here I know they will low ball me but I can’t afford used car here prices are crazy even for 2013 Acadia and I really don’t want to get in a debt buying a car when this one runs fine plus I have 4 kids I need something like Acadia
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Jr. Member
Feb 27, 2019
173 posts
222 upvotes
Toronto
EnkoM36925 wrote: Hi guys can somebody help me here basically I have 2013 2013 GMC Acadia 200k it was rare ended not my fault at all my gmc needs tail gate lift gate replaced new bumper and that plastic bumper below bumper car runs fine no issues it was taken to body shop requested by insurance they told me car will be a write off . Now what are my options here I know they will low ball me but I can’t afford used car here prices are crazy even for 2013 Acadia and I really don’t want to get in a debt buying a car when this one runs fine plus I have 4 kids I need something like Acadia
You don't have to go to the insurance requested shop but they will say the insurance company won't "guarantee" the work though it shouldn't matter as long as it's a legit shop. If you know of a mechanic you trust, take it there and get an estimate. Usually write off is based on the repairs being over 70% of the value of the car. Your insurance will provide you with a write off value and the owner retain value aka you keep car and are paid lump sum and fix your own car.

My mothers 2015 RAV4 was rear ended in December and ended up being a write-off. More damage than yours but it was surprising considering the damage wasn't that significant and it was very driveable.

Either way, don't accept the first offer they send you. You're gonna have to fight as much as you can to get the most money from your insurance. Remember, your insurance company is looking to pay you out the least amount possible. GL!
Deal Guru
User avatar
Mar 8, 2002
13462 posts
4620 upvotes
GTA
EnkoM36925 wrote: Now what are my options here I know they will low ball me but I can’t afford used car here prices are crazy even for 2013 Acadia and I really don’t want to get in a debt buying a car when this one runs fine plus I have 4 kids I need something like Acadia
This shouldn't be your problem, as if a replacement is valued at five grand or twenty grand, that's what the insurance has to pay, they have to make you as whole as before the accident. Getting it is another issue, and this thread is an excellent place for reference. Please update as necessary.
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Jr. Member
May 14, 2009
129 posts
15 upvotes
What an awesome thread!
Just wanted to chime in and say that my vehicle was declared a total loss on Friday and my insurance company - Aviva called me this morning.
Based on the comments here I was expecting a low ball offer and prepared to go back and forth lol but the ACV that was given to me is way more than I was expecting and is comparable to what the market is showing for my car Audi SQ5.
I didn’t even hesitate to take the offer!
Not sure if it’s because they’re aware of the vehicle shortage and the crazy market right now but I’m happy that I won’t have to go through the appraisal process that I was prepared to!
Jr. Member
Sep 23, 2014
192 posts
186 upvotes
Ottawa, ON
First off, thanks for all the useful information in this thread. I'm dealing with insurance right now over a total loss for the first time and this thread has been great.

I received an offer from the adjuster for my car. The offer is lower than comparable models on the market by about 2-3k. I asked for a copy of the valuation report, and noticed than one of the vehicles used had a very low price. Upon research, turns out that specific car had an extensive accident history. I asked my adjustor to replace that car with another comparable from a dealership. He told me their offer stands, quoted the Ontario insurance act, and told me to get my own appraiser if I'm not happy with the offer.

At what point is it worth going through my own appraiser? I just want to make sure I don't spend more money on appraisals if I won't be able to recover those costs through an updated offer. Are there other options to try with the adjuster before going this route?

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