Sunson, was anybody injured / hospitalised for the incident?
I am a bit surprised that the
dealer made you pay for the auto. In "normal" course, you pay for such 3rd party damages only when you want to avoid a criminal case.
Did the auto guy give you a written undertaking that he has no claim for the auto
and that he will not claim damages to his physical self? I have come across cases where courts have refused to take into consideration such written undertakings by and still hold the owner / insurance company liable. Do not trust any bill from anybody for repairs - either get the work done in a workshop YOU trust, or pay up upfront on an agreed amount, and make clear that you will not get a refund if the actual cost of repairs is less, and you will not pay up extra if actual cost of repairs was more. If that was not agreeable to the other guy, you ought to have asked them to sue you - which they already have done. So there really was no need to pay up.
I simply cannot understand the rationale behind the 30% Bimal is claiming as irrecoverable from the insurance company. It appears the vehicle is totalled - means total cost of repairs is more than cost of a new vehicle. What happens in such cases is that the insurance company takes the vehicle and gives (what I believe is) the FULL amount for which the vehicle is insured.
Hint - The matter is still being investigated by the police. if the matter is settled out of court, they may report that you were not negligent.
