Section 128 Appraisals & Vehicle Valuation Disputes
A clearer path from an insurer's total-loss offer to an evidence-based resolution—and an explanation of Ontario's formal appraisal procedure when it applies.
Start with a Complimentary Total-Loss Review
Tell us about the vehicle, your latest written offer and the concern you want reviewed. We will explain what supporting documents may help and whether an independent appraisal is appropriate.
No increase or result is guaranteed. Do not send sensitive documents through an unconfirmed channel.
Outside Ontario? Appraisal rights vary by province and policy. Compare all Canadian vehicle insurance dispute guides →
What Is Section 128 of Ontario's Insurance Act?
Section 128 establishes an appraisal procedure for specified disagreements between an insurer and an insured when the insurance contract includes an applicable appraisal condition. It can help determine disputed valuation or loss-related matters; it is not a general appeal process for questions about whether a claim is covered.
How IA Reports Handles a Total-Loss Valuation Dispute
- Complimentary Initial ReviewWe discuss the insurer's written offer, valuation report and vehicle details to identify issues worth investigating. An initial review does not guarantee a revised offer.
- Client AuthorizationBefore acting on your behalf, we confirm the appraisal scope, service agreement and written authorization to communicate with the insurer.
- Independent Market AnalysisWe assess relevant comparable vehicles, trim, options, kilometres, condition and valuation adjustments, documenting any findings supported by the available evidence.
- Direct Resolution EffortsWe present the documented valuation position to the insurer or its appraiser and seek a practical resolution of the difference.
- Your Settlement DecisionWe explain the response and available next steps. You choose whether to accept or decline a settlement offer. If a dispute remains, we can discuss whether formal appraisal is appropriate.
Incorrect trim, options, kilometres or recorded condition can affect the evidence being considered.
Market examples may differ materially in model, equipment, location or condition.
Vehicle value, applicable tax, deductible and owner-retained salvage should not be confused.
When Does the Formal Section 128 Process Apply?
For Ontario automobile insurance, Statutory Condition 9(2.1) sets out requirements involving proof of loss, a disagreement about the nature or adequacy of repairs or the amount payable, and a written request for a Section 128 appraisal. A request may be made by the insured, or by the insurer with the insured's agreement. Applicability depends on the contract and the circumstances.
How the Appraisers and Umpire Work
- The insured and insurer each appoint an appraiser. Those appraisers appoint an umpire.
- The two appraisers attempt to determine the disputed matters together.
- If differences remain, they submit those differences to the umpire. A written finding agreed to by any two of the three determines the disputed matters within the appraisal's scope.
Who Pays for a Section 128 Appraisal?
Under Section 128(4), each party pays its own appointed appraiser, and the parties share the expenses of the appraisal and umpire equally. We explain anticipated costs and the scope before proceeding; the exact charges depend on the appointment and work required.
Independent umpire work: A proposed umpire must be appropriately independent and appointed through the applicable process. The role is different from representing a vehicle owner or insurer as their appointed appraiser; any possible appointment requires a conflict and scope review.
Can IA Reports Serve as an Umpire?
For an appropriate separate assignment, IA Reports may be considered for an independent umpire appointment, subject to selection through the proper process, suitability, availability and conflict-of-interest checks. We would not act as both a party-appointed appraiser and the neutral umpire in the same dispute.
Does Every Disagreement Need an Umpire?
No. A supported valuation difference may be resolved through direct discussions. Even in a formal Section 128 appraisal, the two appointed appraisers can determine the disputed matters together without requiring an umpire to resolve them.
Have You Received a Total-Loss Offer?
Start with a complimentary initial review. Share the latest written offer, insurer valuation report and available vehicle information. We will explain what can be reviewed and what the next steps may involve.
General information only—not legal or insurance advice. Coverage, eligibility, procedural rights and deadlines depend on the applicable policy and circumstances. No settlement result is guaranteed.
Legislation and policy references: Ontario Insurance Act, Section 128 · Ontario Statutory Conditions – Automobile Insurance, Condition 9(2.1). Reviewed 5 November 2026.
Practical Appraisal Guidance
Common Questions to Resolve Before Formal Appraisal
The most useful first step is to clarify the specific valuation disagreement and identify what evidence is missing.
What is disputed?
Is the concern the vehicle’s ACV, a condition deduction, the comparable vehicles, equipment, or another value-related item?
What does the report show?
Obtain the insurer’s latest written valuation and offer breakdown before drawing conclusions.
What is the next step?
IA Reports normally seeks an evidence-based resolution first. If an eligible dispute remains, the formal appraisal condition and its costs can be discussed.
Before proceeding, review how comparable vehicles are assessed and which documents to request.