Normal valuation review
Many total-loss disagreements begin with questions about the insurer's valuation, vehicle information, comparable selection or adjustments. A vehicle owner may provide additional evidence or obtain an independent valuation without necessarily invoking the formal statutory appraisal process.
When section 128 may apply
Ontario's statutory conditions state that section 128 applies where the insurer has received proof of loss, the parties disagree about specified repair issues or the amount payable, and a qualifying written appraisal request is made.
Appointment of appraisers
Section 128 provides that the insured and insurer each appoint an appraiser. Those appraisers appoint an umpire. The appraisers consider the matters in disagreement and may refer unresolved differences to the umpire.
How a determination is reached
The written finding of any two among the two appraisers and umpire determines the matters submitted through the statutory appraisal process.
Costs
Each party pays the appraiser it appoints and the parties share the expense of the appraisal and umpire equally, according to section 128.
Payment timing
Ontario's statutory conditions address payment timing after proof of loss and, where a statutory appraisal occurs, after the insurer receives the appraisers' determination. Application to a particular file should be confirmed from the current policy and law.
01Proof of lossThe insurer receives the insured's proof of loss.
02DisagreementThe parties disagree on a matter described by the statutory condition.
03Written requestA qualifying written request for appraisal is made.
04Appraisers appointedEach party appoints its own appraiser.
05Umpire selectedThe appraisers appoint an umpire.
06Written findingA written finding agreed to by any two determines the submitted matters.