Last updated 2017-01-17

Investigate manufacturer's defect

Steps to investigate a manufacturer's defect that appears to be the cause of the loss.

When this applies

When a manufacturer's defect appears to be the cause of the loss, ICBC attempts subrogation against those responsible. To be successful, sufficient evidence must be collected to establish the vehicle manufacturer's or repair facility's liability.

A customer claims a manufacturer's defect is the cause of the loss.

Procedure

  1. Obtain the following information:
    • a detailed statement from the insured
    • copies of any manufacturer's or repairer's warranties
    • copies of purchase or lease documents
    • copies of service documents
    • copies of any recall notices
    • an expert's (engineer's or mechanic's) report that outlines the cause of the problem, and
    • a fully completed Property Damage Release (CL38).
    Note: The CL38 includes a paragraph stating that the policy holder agrees to co-operate with ICBC in any claims or actions to recover costs from any person(s) or corporation(s) liable for the damage.
  2. Research potential recalls as follows:
    • access the Recall Bulletins in:
      • TechAdvisor, and
      • Transport Canada manufacturer's defect site.
    If there is ... Then ...
    a recall proceed to step 3.
    not a recall process as an own damage claim.
    Note: At this point, the onus is on the customer to pursue.
  3. Determine whether recall work was completed on the vehicle.
    If recall work was ... Then ...
    completed on the vehicle prior to the loss
    • request copies of related work orders/invoices, and
    • process the claim using normal claims handling procedures.
    Note: This vehicle is not a candidate for subrogation.
    not completed on the vehicle prior to the loss
    • place a hold on the vehicle, and
    • talk to your manager and CRLC to arrange for an engineer to inspect the vehicle.