The accident happened in couple days ago.
My one-month-old new TOYOTA Highlander (only 800 miles) is a terrible mess.
I had new car replacement insurance for my car, but my friend said that ICBC will repair my car not replace, because the repairing cost is probably only 70% of the vehicle's actual cash value.

In my opinion, the car will be totally different after the repairing.
For example, the safty and selling price in the future.
This accident is absolutly not my fault (I have two witnesses).
I don't know why I should suffer such loss?!

Do you think I can get back my new car?

Until you hear what ICBC have to say there is not much you can do. Up to then we can speculate all day (and tomorrow as its a holiday).

If you don't like what ICBC come up with you can dispute the findings.

If that gets you nowhere you can sue them in small claims court if your claim is under $25000. If you want more than $25000 then it would be supreme court and you should have a lawyer for that (ICBC have lots on payroll) or you can go to arbitration. At that point you may want to seek legal advice.

In reality, you are stuck with what ICBC decide.

http://www.icbc.com/claims/repair_replace/writeoff

Thanks a lot.
After the long weekend, my car will be towed to the body shop.
Will ICBC let me know how much my car is going to be repaired?
I afraid they will repair my car without any notice.

Anyway, we will see...
Thanks again.

Presumably you have a claim number? Call them and ask where it is going. If the vehicle is being towed, it usually goes to the claim centre first to be assessed. I beleive you also have to attend an appointment to give your account of events to the assessor, who should then tell you what is happening and how much.

From stories I've heard over here about ICBC it does sound like they will back down if you do bother to fight them enough. Most people just roll over and don't bother though.

Is your freind the claims adjuster for ICBC??? if not disregard his advice, ICBC make that call not your freind

I met a lawyer today.
He told me that I will never get my new car back.
Unfortunately...

It's really sad.
I'm the victim, and my insurance is not helping me.
All the company thinking is how to save their money.
Those who break the law are subjected to justice.
But how about the victims?

So sad...


Sorry... almost forgot to thank everybody here.

the car would have to be a write-off and the replacement insurance would bridge the gap between what ICBC paid out (based on marker value of the car) and the cost of replacement.

I guess the OP didn't have replacement insurance - inadvisable if they have a new car.

They said they did in the first post!!

Ah, so they did. I'll shut up.

Yeah -you do that

actaully I would be mighty peed off too if I was them ..

Replacement cost only applies if the vehicle is written off. The vehicle here hasnt been written off, so it's not an issue.

Not really sure I see where the OP is coming from to be honest.

unfortunately I deal with this issue quite a lot at work, when its newer vehicles and the vehicle has substantial damage, but "is" repairable. The insured quite often states concerns re safety, depreciation in value etc, but unfortunately the reality of insurance is to put you back to the position you were in before within the value of the vehicle so in the OP's case they will be. There are times when a decision may be made to write it off if there is a good chance that hidden damage will appear once the tear down of the vehicle starts and in these cases a decision may be made.

Thanks a lot, everyone.
My car is in the bodyshop now.

I'm going to meet the adjustor on next week.

I asked her 'could we use email instead of telephone, because I can't answer the phone during work?'.
She said 'that's inconvenient to me'.

I asked her 'could I have a translator when we meet?'.
She said 'your English is fine'.


I wonder... are all the adjustors such difficult to get along with?