16CWhen 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 S. 16C(1)(b) amended by No. 94/2003 s. 5(1). (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. S. 16C(1A) inserted by No. 94/2003 s. 5(2). (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). S. 16C(6) inserted by No. 94/2003 s. 5(3). (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. S. 16D inserted by No. 92/2001 s. 10.