I HATE ICBC

The most frequently stolen vehicle BC is Ford F-Series truck.

Owners of the most are being offered up to $160 each by ICBC to install immobilizers to prevent theft.

Getting an immobilizer was a no-brainer for Dave Peterson, who owns a shiny, 2006 Ford F-150.

But he was a little curious about the ICBC pilot project, which is offering cash to the about 2,200 owners of non-immobilized F-Series 2000 to 2006 trucks in the Lower Mainland and Fraser Valley.

“Why are they giving them money?” said Peterson.

Immobilizers are hard-wired into a vehicle and shut down ignition and fuel systems. A special key or electronic code is needed to start a vehicle equipped with the device.

Transport Canada regulations that came into effect Sept. 1, 2007, require all new cars to come equipped with immobilizers.

ICBC thinks that spending the money to prevent the trucks from being stolen is cheaper than repairing them if they are ripped off.

ICBC is sending letters with all the details to the truck owners.

The F-Series trucks started rising in the ranks of most-stolen vehicles beginning in 2005 when they were in eighth place. They moved up to No. 3 in 2006, slipped a little last year to fourth spot, but this year powered past the long-time favourite Honda Civics from 1993, 1995, 1997, 1998 and 2000.

Unlike many vehicles of a similar vintage, the 2000 to 2006 Ford F-Series did not come standard with immobilizers and thieves took advantage of that flaw.

The big trucks are also handier than Hondas when it comes to hauling away stolen goods or crashing through storefronts.

Nicolas Jimenez, ICBC’s director of road safety, said the immobilizer pilot program could be expanded to other vehicles and other areas.

“It has to be something customers want, something customers take advantage of, something where the investment can be justified,” he said.

ICBC also announced yesterday it is increasing the number of Ford F-Series trucks in the bait-car program.

No Really? DUH!!

As you know by know, I hate ICBC, I Fuc*&% HATE ICBC.

There are many, many reasons - chief among them, though, is that spending the equivalent of a mortgage payment a year to insure our car galls the hell out of me. Thank God and safe driving premiums I’ve managed to stay accident-free. Without such, we’d pay twice that.

This week, the snake-oil salesmen have been shilling ICBC’s latest cash-grab - the $25 top up to add sanctioned drivers to a vehicle insured in your name.

So single car families – that’d be The DeMones of White Rock, B.C. – who will see Momma, Poppa and Baby Bear sharing the wheel, will now pay more to ICBC for exactly the same privilege we’ve enjoyed until now.

I understand we will be blessed with the peace of mind of third party coverage in the event one of those named on the insurance is driving at the time of at at-fault accident. Ah, such bliss…

I am all for whatever fair moves ICBC can make to ease the cost of insurance for safe drivers. Bad drivers should pay more - and often do. But that seldom filters back to lower premiums for good drivers.

ICBC, like most bloated bureaucracies propped up by government-sanctioned monopoly, just finds more ways to retain the excesses they fleece from us. Like they need to have ’sufficient reserves’ - and better double-talk to justify additional charges, fees or fines.

Like this week, when one hack preached how the $25 additional driver fee does indeed equate to lower fees for good drivers because it means ICBC won’t have to raise rates for good drivers.

Now there’s twisted logic for you. We’ll charge you more so we don’t have to charge you more.

I say heap it all on the bad drivers.

Feb. 16 of 2007, I passed a mini van which was moving at glacial speed. Double line, and exceeded the posted limit. The ticket was just shy of $300.

Last week, I got a notice from ICBC that my heinous transgression had earned me three points for each infraction. To a total of six. Which is more than four. Which is the number ICBC allows as grace each year before tarring us as bad drivers.

So I am a bad driver. My name is Rob, and I speed. Or sped.

It cost me another $300 to clear my good name.

Passing that glacial mini van really cost me $600.

I’m not complaining one whit. I deserved it. I like to think I’m a better driver.

But did you good drivers out there get a break as a result? Did my wife, the primary driver of our only car, get a break on her premiums?

Nope and nope.

ICBC, of course, says that’s because all these fees, fines and charges are permutations concocted, devised and otherwise contorted to ensure fairness for all drivers from Yak to Agassiz to Barriere and beyond.

Can’t expect honesty. Can’t expect that snake-oil salesmen to just say ‘Hey, we need to show a 9% bump in bottom line profits for 2009, and rather than work harder or smarter, we’re just going to charge you all $25 more. Sign here…’

I want that job - better still, I want the ICBC talking head on my side when I negotiate my contract.

This news just shocked me, startled me, and left me heart-broken (errr, I mean PISSED OFF). At this point, the only thought in my mind was - “WTF?”.

What was happening: ” formerly written-off cars were being resold after their repair histories were altered.” So eight staff members were - let me use the euphemism to cover a variety of issues - ‘let go’.

Most normal people would agree that Fired staff, especially the ones who STEAL, should be getting a Boot in their @#$, not a Severance package. People don’t even get a Thank You card when they get fired, and these bastards are getting severance package, Are you Fuc*$& Serious?

What happened was clearly wrong, certainly a tort for the people who got cars with fraudulent records, probably criminal. Certainly due cause for dismissal. But it now appears that the action was more about PR than good sense. The whole thing was quickly hushed up - so the scandal would “go away”, preferably quickly.

If people are dismissed - or allowed to resign - to avoid other penalties they deserve no severance at all. Indeed those who profitted from this scheme should make restitution. But that would require an investigation, which might well turn up other related issues - who knows? - and all that it seems was to be avoided at all costs. Which is something you might be able to do with a closely held private company. But not with a crown coporation.

The more one knows about ICBC, the less one feels comfortable about it. I have been sitting on some material for some time now on distance based inssurance. This is an idea that Tod Littmann has been promoting for some time - and I did not really want to move onto his turf. But the main concern I have is that ICBC has not - so far as I can determine - ever even considered the idea. It certianly has given no credible reason why it should not be tried. And my question is why should this be? Why is ICBC so reluctant to being open and letting its owners - us - know what it is doing and why.

It is something of a cultural issue in crown corporations - and it is noticeable that the present government is getting increasingly ham fisted at dealing with these government owned and directed operations. BC Ferries and BC Transit are the two I am most familiar with - and neither are any longer examples to be proud of. The way BC Hydro is being chopped up and forced into a corner is even worse. And at least part of the problem is that the right wing does not think public enterprises should be successful. They must be made to fail in order to promote the ideology (there’s a word I havebeen reaching for a lot lately) that private is good public is bad.

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.