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Old 06-12-2006, 04:58 PM   #1
Sp00lin
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Default Need legal help with my car

Here's my situation.

A few months ago i got into an accident that was 100% not my fault, causing about $15,000 damage. Now just over a week ago i was parked on cambie and 19th for worked and an accident happened where i was parked and a car slammed into my car while i was not in it. My car is now at Starlite with another $5000 - $6000 in damage.

So all in all my car has taken alot of damage, about $20,000 in damage over the past lil while. When i went to Subaru and asked them about my car they said that they wouldn't even take it into consideration for a trade in because of the damage. Understandable. So who would want to buy a car with that much damage? NO ONE. Not even me, or i'd have to sell it for a box of paper clips.

So basically i wanted to get my car written off, to get money back from ICBC. I talked to ICBC on Monday and the guy basically said that the car could not be written off. I wanted to get value for my car what it would have been worth if it was before the accidents. Since none of them were my fault.

My sister (who works for ICBC) says that i have the option to sue the people that hit me for "Accellerated Depreation" and then i'd get market value for my car back from ICBC, that would come out of the people who hit me, their insurance, for how much my car would have been worth before the accident.

Does anyone know of any Public Adjustors? Or have any other idea's that i could use? Or am i just screwed with a car, with damage that i didn't cause, i'm gonna have to live with for my whole life? Get a lawyer?

Sorry it's so long.

Thanks for your help, Ernie T.
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Old 06-12-2006, 05:05 PM   #2
[YeS.SiR]
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Quote:
Originally Posted by Sp00lin
Get a lawyer?
Get a lawyer.

My quick take on this is that you can sue both the parties who have damaged your car for depreciation. If you bring written notarized statements from multiple dealers saying that they basically won't take your car as a trade-in, that it strong testament to its current value.

The other side is that I know courts aren't usually willing to deal with motor vehicle cases where ICBC has provided a (more-or-less) fair assessment. I have seen them deal with cases where they felt that ICBC was completely out-of-line (whether by aciton or through company policy).
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Old 06-12-2006, 05:06 PM   #3
semaj
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Bump for you Ernie, I would like to know more info about this as well.
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Old 06-12-2006, 06:26 PM   #4
impulse777
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You are not screwed. The statement's from the dealers & an appraisal should just about seal the case for you. Actually it's pretty clear cut & I don't see why icbc isn't compensating you all ready. They just love to push their customers around (Ahh!! the joy of dealing with a monopoly) . I'd try my best to get a proper settlement out of them myself since the situation isn't too complicated (for 10k or less you can go to small claims, It is set up for people without much court experience meaning you don't necessarly need a lawyer for small claims "less formal" ) Then again a lawyer could deal with this very quick but may cost upto 1/3 of the settlement. Again your not screwed just keep trying.

\/Oops I guess it's 25k limit for small claims \/ Thank's.

Last edited by impulse777; 06-13-2006 at 12:27 AM.
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Old 06-12-2006, 06:27 PM   #5
[YeS.SiR]
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*small claims jurisdiction is up to $25,000 now.
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Old 06-12-2006, 06:46 PM   #6
semaj
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Oh yeah...and Dalton posted in the wrong thread, about if you want to keep your public adjuster, PM him
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Old 06-12-2006, 06:48 PM   #7
Tibfighter
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sp00lin, I totally feel your pain.

About a year after I got my last car, a retarded person visiting our neighbour across the street decided that it would be a great idea to put the car in reverse and stomp on the accelerator sending their car across the street, down our driveway, through our garage door and into my almost brand-new car, destroying both the front and rear ends.

In hindsight I absaloutely should have sued those bastards. My car was sealed away in my GARAGE and it suffered near fatal damage.

A year after that incident somebody decided to plow into my car in the parking lot at work, taking out almost the entire driver's side and then fleeing the accident.

What the hell was I suppose to do? No dealership, naturally, wanted this car. It was just two years old and had been babied but was worthless. And eventhough my bodyshop did a fantastic job and replaced every single component that was so much as grazed, it's difficult to explain $XXX amount of damage to a potential buyer.
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Old 06-13-2006, 03:20 AM   #8
rekondyte
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i also suggest a lawyer, but if you know ur goign to win 100% then no need for a lawyer
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Old 06-14-2006, 02:53 PM   #9
Sp00lin
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Thanx for all the reply's to my thread.

My next question is, does anyone know of any good lawyers i could use or talk to? Some numbers or so would be great. PM me if you dun feel like typing it here.

Thanx for all your help, Ernie T
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Old 06-14-2006, 03:34 PM   #10
Dalton
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Quote:
Originally Posted by SubieDrift
Oh yeah...and Dalton posted in the wrong thread, about if you want to keep your public adjuster, PM him
Thanks SubieDrift.

I don't know how I can keep my job, do it reasonably well, stay completely organized and still not manage to post in the wrong goddamn thread.
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Old 06-14-2006, 03:56 PM   #11
marooned RS
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..............I definately feel for you.It happened to me too,and to a friend of mine,brand new BMW 325i,some lady was trying to dial on her cell phone while he was sitting waiting for the light to turn green...........rearended him causing $17,000 of damage.............ICBC refused to write it off,even though he had replacement cost insurance on it..................a lesson we both learned,when you drive an expensive car.....LEASE IT,in case of any accidents will be alot cheaper in the long run
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Old 06-14-2006, 07:58 PM   #12
clsmooth
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Damn man...
I think you can sit there and bitch at ICBC and tell em you just don't feel safe in that car anymore. Its, your car, your insurance, and your choice. They might not like your choice, but just keep repeating yourself and don't sign anything.
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Old 06-14-2006, 11:34 PM   #13
Cata
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my mom told me ICBC has a Dispute department.
look for their claims manager to talk about this case.
the number is 604-275-7000 (ICBC number)

she said it's the claim adjuster that didn't written off your car, and they have to power over it cos they just "follow their guide line to work"......so i guess that you could go through that department and then work on it.....

because seriously...your car is worth about 23k to 26k depend on conditions....and if ICBC didn't want to pay the worth of the car now, which is 23-26k, then they sure they will pay you the 20k to fix the car.......

but try to go through that department first and see how thing goes....

I know this does feel Shxx and unfair to you.......
but

Last edited by Cata; 06-14-2006 at 11:49 PM.
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Old 06-15-2006, 03:56 AM   #14
Sp00lin
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Well the thing is. I had a $15,000 accident that got totallly fixed, and now this one thats about $6,000. So they've all ready fixed one and now the other one pretty much. Would they still give me money for the car after the accidents have been fixed?
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Old 06-15-2006, 10:45 AM   #15
Cata
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oh in this then i guess this is totally a different story. I guess I didn't read you first post right.

So you fix the old damage already and then here a new claim. Umm...
Then I guess the way I suggested is not workable because you have already did the claim and fix the car last time. and this time the amount is a lot less.

I guess ICBC won't consided all the claim together since this time is only 5k-6k....
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