Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 16C

When is a vehicle written off?

16C. When is a vehicle written off?



(1) For the purposes of this Division, a motor vehicle is written off if-

   (a)  the vehicle has been damaged by collision, fire, flood, accident,
        trespass or other event or circumstances; and

   (b)  an insurer (whether or not the insurer of the vehicle) or the
        self-insurer of the vehicle or, if there is no insurer or self-insurer
        of the vehicle, the registered operator of the vehicle or, if the
        registration of the vehicle has been cancelled, the person who was the
        registered operator of the vehicle immediately before that
        cancellation makes a determination that the extent of the damage is
        such that the vehicle's fair salvage value plus the cost of repairing
        it for use on a road or road related area would be more than its fair
        market value immediately before the event or circumstances that caused
        the damage.

(1A) For the purposes of this Division, a motor vehicle is also written off if
it is entered on an interstate written-off vehicles register.

(2) An insurer of a vehicle referred to in subsection (1)(a) is taken to have
made a determination under subsection (1)(b) if the insurer-

   (a)  allows a claim for the full insured value of the vehicle; or

   (b)  disposes of the vehicle to a third party.

(3) A self-insurer of a vehicle referred to in subsection (1)(a) is taken to
have made a determination under subsection (1)(b) if the self-insurer disposes
of the vehicle to a third party.

(4) A registered operator of a vehicle referred to in subsection (1)(a) is
taken to have made a determination under subsection (1)(b) if the registered
operator disposes of the vehicle to a motor wrecker.

(5) Nothing in subsection (2), (3) or (4) limits the circumstances in which an
insurer, self-insurer or registered operator may be taken to have made a
determination referred to in subsection (1)(b).

(6) An insurer or self-insurer, in making a determination under subsection
(1)(b), may determine that the vehicle is a statutory write-off or a
repairable write-off.