Nissan 370Z Forum  

Smashed my Z

The canadian cc definition. 380. (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act,

Go Back   Nissan 370Z Forum > Regions > Canada


Like Tree66Likes

Reply
 
LinkBack Thread Tools Display Modes
Old 12-25-2013, 08:04 AM   #1 (permalink)
6/2/80 - 9/29/14 - RIP Lukas
 
zakimak's Avatar
 
Join Date: Jun 2011
Location: Ottawa, Ontario
Posts: 450
Drives: ZR; Q45; VTR1K, GT65
Rep Power: 17
zakimak has a reputation beyond reputezakimak has a reputation beyond reputezakimak has a reputation beyond reputezakimak has a reputation beyond reputezakimak has a reputation beyond reputezakimak has a reputation beyond reputezakimak has a reputation beyond reputezakimak has a reputation beyond reputezakimak has a reputation beyond reputezakimak has a reputation beyond reputezakimak has a reputation beyond repute
Default

The canadian cc definition. 380. (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,.....

Now i am not previed to the us criminal code but since the op is from ontario, this applies. I will double check via the cc. Later.

Additionally, insurance fraud is a lower threshold and are rarely involving the police unless the value is significant and a provable prosecution. But if you are suspected of it and in this case can be deemed as one, the insurance company will put that on your file and good luck trying to get insurance.

Certainly, by getting something that you were not approved of receiving applies. Whether they want to pursue it or not criminally is another matter. I will bet if youre an *** to them, you will be labeled.
__________________
What doesn't kill you might make you a cripple so chose wisely.

Free Stuff for Premium Members - Yeah Really
zakimak is offline   Reply With Quote
Old 12-25-2013, 09:40 AM   #2 (permalink)
A True Z Fanatic
 
H2O_Doc's Avatar
 
Join Date: Apr 2013
Location: Northern VA
Posts: 1,083
Drives: '14 370Z, '12 4Runr
Rep Power: 14
H2O_Doc is a splendid one to beholdH2O_Doc is a splendid one to beholdH2O_Doc is a splendid one to beholdH2O_Doc is a splendid one to beholdH2O_Doc is a splendid one to beholdH2O_Doc is a splendid one to beholdH2O_Doc is a splendid one to behold
Default

Quote:
Originally Posted by zakimak View Post
The canadian cc definition. 380. (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,.....

Now i am not previed to the us criminal code but since the op is from ontario, this applies. I will double check via the cc. Later.

Additionally, insurance fraud is a lower threshold and are rarely involving the police unless the value is significant and a provable prosecution. But if you are suspected of it and in this case can be deemed as one, the insurance company will put that on your file and good luck trying to get insurance.

Certainly, by getting something that you were not approved of receiving applies. Whether they want to pursue it or not criminally is another matter. I will bet if youre an *** to them, you will be labeled.
I still don't see fraud inherent here. In its simplest sense, fraud is a misrepresentation of a matter of fact. For the sake of argument in what we have been discussing, that would include claiming that your air intake was damaged when you got rear ended, when, in fact, there was no damage.

Now, if your air intake was damaged, you have the right to be compensated for that intake, let's say to the amount of $600. Unless explicitly spelled out by the legal code or the terms of you insurance policy, what happens to that $600 is not the concern of the insurance company or the state and it is perfectly legal (unless otherwise stipulated) AND ETHICAL to do as you see fit. If you want to pocket it, or get another (different than stock) intake that is your business.

Insurance companies sometimes don't like these sorts of things and they are, in fact, related to fraud. What they don't want to do is create a situation where you have an incentive to either look at every trivial detail that could plausibly be connected to an accident to get a free or discounted upgrade, or to create a situation where you are encouraged to commit outright fraud by claiming damages that didn't occur.

My getting a new Stillen cold air intake after an accident that broke the stock unit isn't fraud unless I said that I would only replace the parts exactly as described in the insurance estimate. It's my car and it's my business what goes on it and insurers shouldn't compel me to install anything in particular; they should provide me fair compensation for my loss and leave it at that. And, that is sometimes all they do in some jurisdictions. Again it does vary and the details matter.
Tick64 and Chuck33079 like this.
H2O_Doc is offline   Reply With Quote
Old 12-25-2013, 10:55 AM   #3 (permalink)
A True Z Fanatic
 
alcheng's Avatar
 
Join Date: Jun 2011
Location: Toronto
Posts: 28,894
Drives: 2011 ZR PW w/Clutch
Rep Power: 418353
alcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond repute
Default

Quote:
Originally Posted by H2O_Doc View Post
I still don't see fraud inherent here. In its simplest sense, fraud is a misrepresentation of a matter of fact. For the sake of argument in what we have been discussing, that would include claiming that your air intake was damaged when you got rear ended, when, in fact, there was no damage.

Now, if your air intake was damaged, you have the right to be compensated for that intake, let's say to the amount of $600. Unless explicitly spelled out by the legal code or the terms of you insurance policy, what happens to that $600 is not the concern of the insurance company or the state and it is perfectly legal (unless otherwise stipulated) AND ETHICAL to do as you see fit. If you want to pocket it, or get another (different than stock) intake that is your business.

Insurance companies sometimes don't like these sorts of things and they are, in fact, related to fraud. What they don't want to do is create a situation where you have an incentive to either look at every trivial detail that could plausibly be connected to an accident to get a free or discounted upgrade, or to create a situation where you are encouraged to commit outright fraud by claiming damages that didn't occur.

My getting a new Stillen cold air intake after an accident that broke the stock unit isn't fraud unless I said that I would only replace the parts exactly as described in the insurance estimate. It's my car and it's my business what goes on it and insurers shouldn't compel me to install anything in particular; they should provide me fair compensation for my loss and leave it at that. And, that is sometimes all they do in some jurisdictions. Again it does vary and the details matter.

that's what I mean and that's what insurance consider a fraud....

if you put part X on the list but in fact the actual part you use is part y.

this kind of things happened A LOT in Canada about 15~20 years ago and actually those shops and owners who did that got sued by the insurance.

now Mr.H2O_Doc, I just want the OP be careful on the insurance claim thus less potential trouble in the future, and I hope this is fine with you...
alcheng is offline   Reply With Quote
Old 12-25-2013, 11:04 AM   #4 (permalink)
A True Z Fanatic
 
H2O_Doc's Avatar
 
Join Date: Apr 2013
Location: Northern VA
Posts: 1,083
Drives: '14 370Z, '12 4Runr
Rep Power: 14
H2O_Doc is a splendid one to beholdH2O_Doc is a splendid one to beholdH2O_Doc is a splendid one to beholdH2O_Doc is a splendid one to beholdH2O_Doc is a splendid one to beholdH2O_Doc is a splendid one to beholdH2O_Doc is a splendid one to behold
Default

Quote:
Originally Posted by alcheng View Post
that's what I mean and that's what insurance consider a fraud....

if you put part X on the list but in fact the actual part you use is part y.

this kind of things happened A LOT in Canada about 15~20 years ago and actually those shops and owners who did that got sued by the insurance.

now Mr.H2O_Doc, I just want the OP be careful on the insurance claim thus less potential trouble in the future, and I hope this is fine with you...
We agree that your words are a very good cautionary note. I thought it worth noting that it might be perfectly ok in some circumstances to put on something other than what you are being compensated for. We don't want the original poster doing some that that is prohibited, but we do want that poster to know that what they proposed might be perfectly acceptable in some jurisdictions.
H2O_Doc is offline   Reply With Quote
Old 12-25-2013, 11:15 AM   #5 (permalink)
A True Z Fanatic
 
alcheng's Avatar
 
Join Date: Jun 2011
Location: Toronto
Posts: 28,894
Drives: 2011 ZR PW w/Clutch
Rep Power: 418353
alcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond repute
Default

Quote:
Originally Posted by H2O_Doc View Post
We agree that your words are a very good cautionary note. I thought it worth noting that it might be perfectly ok in some circumstances to put on something other than what you are being compensated for. We don't want the original poster doing some that that is prohibited, but we do want that poster to know that what they proposed might be perfectly acceptable in some jurisdictions.

Insurance company in Canada is very cautious about it because lots of kids got into accident and have the shop mod the car for them using that part X part Y trick and eventually got into trouble.

Unless you put Stillen Gen 3 on the list AND the insurance company approve it then you are fine.

but what the OP say is the shop propose him with the part X part Y trick and also they are going to use non-genuine parts, which is an absolute no-no.

alcheng is offline   Reply With Quote
Old 12-25-2013, 11:59 AM   #6 (permalink)
6/2/80 - 9/29/14 - RIP Lukas
 
zakimak's Avatar
 
Join Date: Jun 2011
Location: Ottawa, Ontario
Posts: 450
Drives: ZR; Q45; VTR1K, GT65
Rep Power: 17
zakimak has a reputation beyond reputezakimak has a reputation beyond reputezakimak has a reputation beyond reputezakimak has a reputation beyond reputezakimak has a reputation beyond reputezakimak has a reputation beyond reputezakimak has a reputation beyond reputezakimak has a reputation beyond reputezakimak has a reputation beyond reputezakimak has a reputation beyond reputezakimak has a reputation beyond repute
Default

Quote:
Originally Posted by H2O_Doc View Post
We agree that your words are a very good cautionary note. I thought it worth noting that it might be perfectly ok in some circumstances to put on something other than what you are being compensated for. We don't want the original poster doing some that that is prohibited, but we do want that poster to know that what they proposed might be perfectly acceptable in some jurisdictions.
Thats what alcheng and i are attempting to illustrate. When it comes to criminality and potential issues, it is always safer to err on the side of caution. I for one will not advise someone to do something that might result in possible charges. I will reply to your earlier post when i am home to specifically point out why it would be consider to be fraud. Insurance policies are specifically designed for replacement or repair with parts that will result in a state as it was before the claim. You are not allowed to use the repair or replacement money for anything else whether its for the noted strippers. All that said is that it still can be done provided the insurer is agreeable which applies on right-offs
alcheng likes this.
__________________
What doesn't kill you might make you a cripple so chose wisely.

Free Stuff for Premium Members - Yeah Really

Last edited by zakimak; 12-25-2013 at 06:00 PM.
zakimak is offline   Reply With Quote
Old 01-03-2014, 02:44 PM   #7 (permalink)
Base Member
 
Join Date: Sep 2011
Location: Mississauga
Posts: 77
Drives: 2010 Nissan 370z
Rep Power: 14
SIKHRYDE is on a distinguished road
Default

OK so basically the damage list came back and its $24,000!!

Anyways below is the full spec sheet.....

The autobody shop said they basically are all OEM parts with the exception of 2 items:

The Front Bumper Cover and the Front Bumper Reinforcement Bar.

I am going to try to contact my insurance company (Coachman) to see if they can give me OEM parts.... any tips would be great.

Secondly they are giving me 2 new tires (and rims) on the left hand side, do I need to worry about the fact that the rubber on the right hand side is used?

I mean I guess I dont expect insurance to put me in a better spot with all new tires.... but do I need to or purchase new tires so it is all even?

Lastly - this is where I can really use your expertise...

I have to replace parts like my front headlights... which look like to be $1300 each - so should I look for some custom lights now to install? If so any recommendations?

And what else should I do custom thats worth it based on this list?









SIKHRYDE is offline   Reply With Quote
Old 01-03-2014, 03:18 PM   #8 (permalink)
A True Z Fanatic
 
alcheng's Avatar
 
Join Date: Jun 2011
Location: Toronto
Posts: 28,894
Drives: 2011 ZR PW w/Clutch
Rep Power: 418353
alcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond repute
Default

Quote:
Originally Posted by SIKHRYDE View Post
OK so basically the damage list came back and its $24,000!!

Anyways below is the full spec sheet.....

The autobody shop said they basically are all OEM parts with the exception of 2 items:

The Front Bumper Cover and the Front Bumper Reinforcement Bar.

I am going to try to contact my insurance company (Coachman) to see if they can give me OEM parts.... any tips would be great.

Secondly they are giving me 2 new tires (and rims) on the left hand side, do I need to worry about the fact that the rubber on the right hand side is used?

I mean I guess I dont expect insurance to put me in a better spot with all new tires.... but do I need to or purchase new tires so it is all even?

Lastly - this is where I can really use your expertise...

I have to replace parts like my front headlights... which look like to be $1300 each - so should I look for some custom lights now to install? If so any recommendations?

And what else should I do custom thats worth it based on this list?



( Click to show/hide )







glad it's getting restored

and be prepared for the new insurance rate on the next renewal...

as for headlights.... stick with the OEM.

tires.. check with the bodyshop to see if they suggest they should replace all four for safety reason

Last edited by alcheng; 01-03-2014 at 03:21 PM.
alcheng is offline   Reply With Quote
Old 01-04-2014, 02:05 AM   #9 (permalink)
A True Z Fanatic
 
alcheng's Avatar
 
Join Date: Jun 2011
Location: Toronto
Posts: 28,894
Drives: 2011 ZR PW w/Clutch
Rep Power: 418353
alcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond reputealcheng has a reputation beyond repute
Default

just saying.....


370z Roadster....
alcheng is offline   Reply With Quote
Reply

Bookmarks


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Hater smashed my windshield, should I claim with insurance? tonybui Exterior & Interior 22 08-17-2011 02:01 PM
Grey 370z smashed up near Vaughan mills? DjSquall Canada 24 07-02-2011 11:23 AM
Almost smashed the Z today (Yes, VDC was on) Dembflyr Nissan 370Z General Discussions 9 07-03-2010 06:59 AM
370Z smashed into.... Meridian69 Nissan 370Z General Discussions 37 12-29-2009 12:04 AM


All times are GMT -5. The time now is 10:31 AM.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2025, Jelsoft Enterprises Ltd.
Search Engine Optimization by vBSEO 3.6.0 PL2