Another ICBC situation (no, not me)

[Keeanh]

Yes, another typical ICBC story:

A lady I know is trying to figure out if ICBC should be replacing her brand new MA. The seat was unoccupied when her husband T-boned a guy who drove out in front of him. (Collision was 100% other guy's fault if that makes a difference). The car was towed, but the husband says the impact felt minor to him. ICBC is saying that because it was a minor frontal collision and the seat was unoccupied, it's fine. They say they have this to back themselves up:
http://www.icbc.com/road-safety/safety-research/childseat-placement

Is this "low-impact collision" thing part of their actual insurance policy? Or just research they're working on that they've put on their website?

Husband wants to just keep using the seat. Wife doesn't feel comfortable with it, partly because she wasn't in the vehicle so doesn't know how "minor" it really was. I know TC says to always replace, but do they carry any authority with insurance providers? I think it's complicating things that it's a Britax and their manual says to replace after a moderate or severe collision and ICBC is saying this is minor.

Are there times when ICBC is right and they are not under any obligation to replace, even when they're repairing a vehicle under a collision policy?Thoughts?

 

[April]

How much damage was done to each of the vehicles? They say EVERYTHING is a low-velocity impact. Some are, some aren't. I worked for personal injury lawyers for several years and I've seen people paid out $15k+ for bodily injuries from what ICBC called LVI.

ETA: my last crash they called low velocity impact. I was rear ended at a red light and my van was pushed over 100 feet through the intersection. My van was written off for $6k, all my seats were unoccupied, and they initially would not replace them. I ended up getting a $1007 cheque for replacement of my four seats, but I had to fight them for a few days.
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[tam_shops]

I've been, as have friends have been in minor accidents and had ICBC replace them, though there have been several complaints about this (here and a friend) lately, so maybe they are trying to change the policy.

I had no problem when I requested a letter stating my car seat was safe to use and had no damage to it and they'd be liable for any future problems w/ the seat. Needless to say they refused to write any such thing and replaced my seats! LOL

tam

 

[Keeanh]

Okay, so she finally got to see the car herself. Apparently the car was only towed because the bumper was smushed down against the tires. There was no obvious damage beyond the bumper & headlights. So would you all be comfortable using a Britax under those conditions? It sounds to me like it truly is minor. Or should they keep fighting under TC's "always replace" mandate?

 

[QuassEE]

I'd go after ICBC. Until they start to be reasonable with regards to carseat replacement, they shouldn't be given leeway by customers. If they were reasonable, I might consider any crash that wasn't any worse than a bad pothole to be fine when the manufacturer allows.

-Nicole.

 

[tam_shops]

Personally, I'd suspect that it's fine, as were mine, but I'm not willing to bet my kids life on it, or theirs! Certainly not for $300.

tam

 

[Keeanh]

Thanks! I told her my opinion was to keep fighting it. When I asked about replacement policy when I bought my insurance, I was told that it was ANY collision, with receipts for the seats. I told her that she paid for comprehensive insurance so should get what's due. And that ICBC themselves are admitting that it's a collision because the vehicle is being repaired under their collision policy. (Even though I too suspect the seat is fine, and if it were me and I had no insurance, I might be okay with using the seat...)

Another consideration I thought of is that even if they feel okay about using the seat, they can't sell it and tell a buyer it has never been in a collision. So a brand-new $300 seat is now worth the resale value of the cover through no fault of their own.

 

[Keeks64]

In december we were side swiped & while our vehicle sustained the most damage of the 2 it was considered " minor" by ICBC & we did drive it home from the scene but had it towed from our house the next day because the wheel was pulling & shaking pretty bad....it turned out to be a bent something or other lol

ICBC initially tried to refuse to replace my 2 occupied MA's but I fought them on it not only because of TC's req but because DH & I were injured & the vehicle was deemed undriveable.....they changed their tune & gave me full value with the reciept for the 2 new seats.