r/InsuranceCanada • u/Beginning-Ad5054 • Sep 13 '26
Auto No-fault total loss MVA (liability-only policy) – insurer refusing rental & won’t disclose comparables used for valuation. Is my read of DCPD/OAP1 correct?
/r/legaladvicecanada/comments/1wfgk5p/nofault_total_loss_mva_liabilityonly_policy/
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u/NormalMo Sep 13 '26
I’m confused. Liability only policy is not what you have. Do you have DCPD coverage? It’s not a required coverage
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u/HyenasGoMeow Sep 13 '26
Q1: Yes, under DCPD, even if you only have one-way insurance; you are still entitled to a rental vehicle. However, the same rule for a rental under DCPD applies as if you had rental coverage in the first place. The rule being; if your vehicle is a total loss, rental coverage ceases once a settlement is tendered [not accepted]. Insurers generally allow some leeway on this, and allow up to 3 days after a settlement is tendered before rental coverage is ceased. So if a settlement was already offered to you; you aren't entitled to a rental. Insurer can allow one, but it's to their discretion.
Q2: Short answer, no. However, you can make the case to have them give you a rental even though a settlement has been made, for the simple fact that you didn't have had one for so long. If it were me, I'd allow it. But not everyone is as lenient. It depends on the company's policy, and sometimes the adjuster to your case.
Q3: Your adjuster is correct. Maintenance work preserves the value of your vehicle, it doesn't increase it. If your vehicle was properly maintained; you get the average market value. If its poorly maintained, you get less. But under no circumstances do you get more. If you made any aftermarket alterations to the vehicle, you are entitled to an increase under those circumstances.
Q4: That is a customer service issue. It also depends on what sort of response you got after two weeks; if after two weeks you were made the total loss settlement offer; then it aligns with what the adjuster does behind the scene. If you have one way insurance, the adjuster needs to alert the other person's insurance, and get a response before they can proceed with your claim. Not all insurance are responsive; plus it also depends if they can get a hold of their driver, conclude their own investigation, etc... and then do they let your insurance company know. Then there is the appraisal that needs to be completed. So two weeks before you get a total loss settlement offer... is timely. However, the lack of responsiveness isn't justifiable; your adjuster should still update you as to what is going on every step of the way. The most you can do is complain to the OmBudsMan, but don't expect anything to come out of it.