I HATE ICBC

FACT: ICBC is constantly trying to justify their rates, but Insurance Comparison shows that Insurance rates are still lower in other provinces and south of the border.

Ever wonder how ICBC sets your insurance rates? There are a number of factors including how well your car would weather a fender bender.

Recent low speed crash tests by the Insurance Institute for Highway Safety were a real eye opener. Some vehicles like the Ford Focus weren’t badly damaged. Others like the Toyota Prius took a pounding– an expensive pounding.

This rear crash test at low speed caused nearly $4,000 in damage. In comparison the Ford Focus in a rear accident had only about $500 in damage. These are the types of tests insurance companies like ICBC pay close attention to.

“We look at claims cost and history of claims cost for different types of vehicles,” said Doug Henderson of ICBC.

The tests also showed that minor modifications to the Prius front bumper

The crash damage goes from over $1200 to under $300.

“I think the real positive thing about these types of tests is it encourages manufacturers to look at what other manufacturers are doing and look at ways to improve vehicles,” explained Henderson.

So how is your insurance affected? The Ford Focus insurance is about $100 cheaper than a Prius. But it’s not always the case. The Hyundai Elantra didn’t do very well in the test but it’s actually cheaper to insure than the Ford Focus. So what’s going on?

“We look at the claims cost the historical claims cost and we look at the theft rate for those vehicles and we also look at the frequency . The amount those vehicles are getting into crashes,” said Henderson.

So if other drivers of the same vehicle are better drivers that don’t get into crashes — you pay less. Even if it’s more expensive to repair.

“Exactly that’s one of the considerations here. Certain vehicles get into less crashes,” confirmed Henderson.

Buying a vehicle preferred by older more conservative drivers also keeps your premiums down because they get into fewer accidents. Also your choice of engine can make a difference a car with a more powerful six cylinder engine may be more expensive to ensure than a four cylinder version. So before you buy, get an insurance quote — it could affect your purchasing decision. And remember safe drivers pay less. So if you want to keep your rates low don’t cause an accident.

Published: Oct 02, 2008
Source: CTV

ICBC ignored Burnaby auto repair scam: report

Insurance Corporation of B.C. has released the findings of an independent investigation into the sale of vehicles repaired at its Burnaby, B.C. research and training facility.

PricewaterhouseCoopers was retained by ICBC to conduct an independent, external investigation into concerns that some vehicles repaired at the facility were sold with a repair history that was incorrectly documented and not disclosed to buyers. The probe was launched while ICBC was conducting its own investigation.

Pricewaterhouse found that:

Concerns about practices at the research and training facility were reported on three previous occasions, but were not appropriately investigated and not escalated to the chief executive officer level.

A total of 55 vehicles repaired at the research facility were purchased by ICBC employees and connected parties.

Internal policies on purchasing salvage were contradictory.

B.C.’s acting solicitor-general John Van Dongen recently apologized on behalf of the government, the ICBC board, and ICBC workers not involved in the scheme, to anyone who may have purchased wrecked vehicles that had been rebuilt at an ICBC research facility in Burnaby.

ICBC says the PwC’s report substantiated ICBC’s initial findings that there was a general lack of controls and conflicting policies and procedures regarding the appropriate vehicle designation and around employee purchase of vehicles repaired at the facility.

ICBC said the report found that appropriate actions were not taken by the management responsible when concerns were raised about the facility prior to January, 2008.

“PricewaterhouseCoopers has thoroughly investigated the issues at our research and training facility,” said ICBC interim president and CEO Geri Prior. “We are committed to implementing all the recommendations in their report.”

Published: July 17, 2008
Source: CTV

FACT: ICBC will try to screw both parties involved in an accident.

Well, What do you do?

There may be situations where, after a car accident, you and ICBC can’t agree on a fair value for the repairs to your motor vehicle, what repairs actually need to be completed to put your motor vehicle back into the condition it was in prior to the accident, or a fair price for your motor vehicle if the motor vehicle was a total loss.

Approximately 60% of car accident victims in British Columbia settle their ICBC claims without using a personal injury lawyer. No one can fairly negotiate an ICBC claim if they don’t understand the process or have access to the right information

If you are not satisfied with what ICBC has offered you or what they have said needs to be repaired, your first step should be to ask for an interview with a claims manager at the claims centre where your claim is being adjusted. If the claims manager is not able to satisfy your concerns, you will have to proceed through the Evaluation Process.

The steps you have to follow though the Evaluation Process are as follows:

1. You must notify ICBC in writing and by registered mail of your intention to dispute their decision. Your letter is to be sent to the claim centre dealing with your claim for the damage to your motor vehicle.

2. You must appoint an “evaluator” to act on your behalf within 21 days of sending your notice to ICBC and advise ICBC of your evaluator’s name, address and telephone number. Be sure to select some who is knowledgeable about motor vehicles. The following people cannot act as your evaluator:

* the registered owner of the motor vehicle
* the person who repaired your motor vehicle
* an employee, director or officer of the registered owner of the motor vehicle or the company that made the repairs
* a member of your family
* a member of your household
* You have to pay the costs of your evaluator yourself.

3. Within 7 days of being appointed, both your evaluator and ICBC’s evaluator must meet or communicate with each other.

4. Within 21 days of being appointed, both your evaluator and ICBC’s evaluator must exchange written reports. If you or your evaluator are unsure of what information should be in the report or what the report should look like contact your property damage adjuster at ICBC and request information on what the form of the report should be.

5. Within 45 days being appointed as an evaluator, the two evaluators must attempt to agree on an award and submit the agreed upon award in writing to ICBC or notify ICBC in writing that they were unable to agree upon an award.

6. If the two evaluators cannot come to an agreement on an award within the 45 day time limit then you may apply to the British Columbia Arbitration and Mediation Institute to appoint an arbitrator who will decide the matter after a review of the written reports of the two evaluators. In rare cases, the arbitrator may request more information that the two written reports of the evaluators.

ICBC asked courts to freeze Dawson City Businessman’s assets

The Insurance Corporation of British Columbia has asked a Yukon court to freeze the assets of a Dawson City businessman who it allegedly involved in an auto insurance scam.

Mike Palma was one of 22 people named in a lawsuit filed by ICBC in August, claiming it was defrauded of $553,000.

ICBC said Palma owns a body shop in Surrey, B.C., that is central to the alleged scam.

Land title documents show that within days of the lawsuit’s filing, Palma rearranged his financial holdings.

Nine of his Dawson City properties, plus some of his B.C. real estate, were turned over to a Toronto businessman, Giuseppe Villacci.

ICBC investigators claim the transfers were made to keep the insurance company away from Palma’s money.

It is asking the Yukon Supreme Court to nullify the transfers and freeze all of Palma’s property.

No date has been set for the Yukon court to deal with the case. The trial for the B.C. lawsuit is expected to be held in the spring of 2008.

Palma could not be reached for comment.

Source: CBC
Article Publication Date: Jan 3, 2007

Office of the Superintendent of Motor Vehicles FACT SHEET

Drivers who have been refused issue or renewal of their licence, or have had their active licence cancelled by the Insurance Corporation of British Columbia (ICBC) because they owe ICBC money or have unpaid fines may appeal the decision under section 118.7 of the Motor Vehicle Act.

Reasons ICBC may refuse to issue a drivers licence

Under the Motor Vehicle Act (MVA), ICBC can refuse to issue a licence without a hearing, for a number of reasons (MVA, sec. 26(1)). A common reason for this refusal is that the driver owes money to ICBC — “motor vehicle indebtedness“.

Examples of “motor vehicle indebtedness” include when you have fallen behind in your Autoplan payments or you have not paid your Driver Penalty Point Premiums. Generally, most —if not all—unpaid debts owed to ICBC that relate to your vehicle or your licence are reason enough for ICBC to refuse to issue your licence.
ICBC can also refuse to issue your licence if you have not paid the interest owed to them for these debts. (Car payments to a bank or vendor are not included as “motor vehicle indebtedness” because they are not debts to ICBC.)

Another common reason why ICBC may refuse to issue a licence under section 26(1) of the MVA is that the driver has unpaid fines for offences under some B.C. provincial statutes (including the MVA), or for motor vehicle related offences under the Criminal Code. For example, if you have unpaid speeding tickets, ICBC can refuse to issue or renew your licence until they are paid.

Steps you can take if your licence is not issued due to motor vehicle indebtedness

If you are unable to pay the debt or fine(s), it is suggested that you first contact the ICBC Collections Department at 1-800-665-6442 to discuss your financial situation. They can advise you about possible repayment arrangements with ICBC. For some fines, such as those issued under the Criminal Code, you may be required to go to court to make an arrangement to pay in installments.

Appeals

If you are unable to make a satisfactory repayment arrangement with ICBC Collections, then you may appeal ICBC’s decision to  not issue (or reissue) your licence. This appeal is made to the Office of the Superintendent of Motor Vehicles (OSMV) as outlined under section 118.7 of the Motor Vehicle Act.

The time limit for commencing an appeal under section 118.7 is 30 business days, beginning on the day after the appellant is notified of ICBC’s decision (MVA sec. 118.8). To appeal under section 118.7 of the MVA, contact an ICBC Driver Services Centre or Government Agent’s office and ask for a “Notice of Appeal” form. The cost of the appeal is $50.00. If you are on social assistance, you may also ask for an “Application to Waive the Appeal Fee” form at the same time.

What happens after I submit my appeal?

After you have completed your “Notice of Appeal” and submitted it to the Superintendent of Motor Vehicles, OSMV staff will forward your appeal documents to ICBC and request ICBC to provide written reasons for refusing to issue you a driver’s licence. ICBC is asked to submit their written reasons to OSMV staff within two weeks. OSMV staff will then forward a copy of ICBC’s submission to you and invite your response.

For more information:

• Contact the Appeal Registry at the Office of the Superintendent of Motor Vehicles in Victoria at (250) 356-6573.
• Visit ICBC website at: www.icbc.com
• Visit the Office of the Superintendent of Motor Vehicles website at www.pssg.gov.bc.ca/osmv

How long will it take to get a decision?

After your response is received, an Adjudicator* will issue a written decision. OSMV deals with these appeals as quickly as possible. However, the process may take up to 8 weeks from the time your Notice of Appeal is received in OSMV, depending on how quickly the requested written responses are received, and how complex your file is.

*Note: Under the MVA, the Superintendent of Motor Vehicles (the Superintendent) has the responsibility for driver licensing decisions made in accordance with the MVA, including decisions regarding section 118.7 appeals. While the Superintendent personally holds ultimate decision making authority, this authority may be delegated to staff of the OSMV. The OSMV staff members who make these decisions are referred to as Adjudicators.

What can the Superintendent do, or not do, in response to my appeal?

In section 118.7 appeals, the Superintendent has the power to issue or not issue a licence. The Superintendent will consider the submissions of the driver and ICBC, and in appropriate cases may issue a licence to coincide with a reasonable payment plan for the debt. If the debt repayment again falls into arrears, the licence may not be renewed by ICBC and could even be cancelled before the next renewal date.

Note: The Superintendent has no authority to waive or reduce the debt owed to ICBC, nor to waive or reduce an outstanding fine.

Download this document as PDF from Office of the Suprintendent of Motor Vehicles web site

Click here for more Fact Sheets from Office of the Suprintendent of Motor Vehicles

Contact Information for Office of the Superintendent of Motor Vehicles

Phone: (250) 387-7747

Fax: (250) 387-4891

Mailing Address: PO Box 9254 STN PROV GOVT, Victoria BC V8W 9J2

Email: OSMV.Mailbox@gov.bc.ca

Date of Hearing: April 21, 2008

A driver and his company, co-plaintiffs in an action against ICBC, were not successful in their action alleging breach of faith by ICBC. ICBC counterclaimed to be reimbursed for amounts paid to settle third party injury claims.

Case Details: Cowichan Bay Contractors Ltd. ICBC. April 21, 2008. British Columbia Supreme Court. Macaulay J.

Co-plaintiff driver was involved in an accident while driving under a suspended licence due to impaired driving. He was found negligent in causing the accident, and as a result was ordered to pay ICBC back on third party injury claims they paid out.

The driver initially sought to be determined an uninsured driver under section 21 of the Motor Vehicle Act. ICBC was successful in arguing that the driver fell under section 21 which applied where there was insurance in place, but where the owner or driver breached the terms of the policy, and under section 30.1 which dealt with ICBC recovering on “motor vehicle indebtedness” as it applied to section 21. Both section 21 and 30.1 have since been repealed.

The driver is an “uninsured motorist” under section 20(1)(a) of the Act only if there is neither a driver’s certificate nor an owner’s certificate in place. Neither of these applied in this case. Under section 30.1, ICBC was entitled to cancel the driver’s licence until the liability dispute was adjudicated upon. ICBC was authorized to deny issuing a driver’s licence until the matter was settled.

The plaintiff’s claims were dismissed and ICBC’s counterclaim to recover payment was allowed.

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This puts the innocent Victim in a tough situation. He wasted his time in court, the time he could be making money, he paid the lawyer, which cost him money, and now he can’t drive to (and for) work and loses money again.

Although his only fault was driving under prohibition (which was wrong), most people agree ICBC should simply increase his Insurance rates, but What does ICBC do? It screws poor man.

This man can not declare bankruptcy because he is a business owner, only option he has now is to pay these SCUMBAGS and get on with his life.