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Old 3rd January 2009, 23:31   #1 (permalink)
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Default My Swift Zxi crashed by company dealership!

Just back from a horrifying evening. Gave the car to a popular Company dealership for its 2nd service. Mech goes to test drive and doesn't return for 1/2 hour. Learn't about the accident and discover that the car crashed into a biker and the biker is dead. Car has been taken in by the police. Spent 3 hours trying to get a written statement from the workshop guys stating that the car had crashed in their hands. This looks like its going to be an arduous legal process and hence will divulge details as and when i can.
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Old 3rd January 2009, 23:39   #2 (permalink)
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Quote:
Originally Posted by rohan_fonseca View Post
Just back from a horrifying evening. Gave the car to a popular Company dealership for its 2nd service. Mech goes to test drive and doesn't return for 1/2 hour. Learn't about the accident and discover that the car crashed into a biker and the biker is dead. Car has been taken in by the police. Spent 3 hours trying to get a written statement from the workshop guys stating that the car had crashed in their hands. This looks like its going to be an arduous legal process and hence will divulge details as and when i can.
Rohan,
That is indeed sad news. Whats with mechanics trying to rip around the vehicles, that they actually need to take care of??!!
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Old 3rd January 2009, 23:42   #3 (permalink)
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Sorry to hear about the incident. Since you have work order, you can prove the car was with the garage.

And there goes the famed Maruti's A.S.S. Whats happening to Maruti? There is thread on how a Maruti dealer thumped a potential customer and now this?
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Old 3rd January 2009, 23:42   #4 (permalink)
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Sad to know about this Dr.

You will be certainly in a bit of a loop during this case, but nothing to worry in particular.

The dealer will for sure have to battle it our. Make sure you get your car in shape and also get in touch with the local police station and lodge a complaint of whatever happened.

Take it lightly you are no way involved in this fiasco.
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Old 3rd January 2009, 23:49   #5 (permalink)
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Oops, thats bad Rohan. I hope the job card and the statement would keep out of the hassles. Is the car in bad shape ?
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Old 3rd January 2009, 23:50   #6 (permalink)
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Take it lightly you are no way involved in this fiasco.
Thats all i'm glad for at the moment. Passed the correspondence between us and the dealership to the police just incase they try to frame me in the process.
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Old 4th January 2009, 00:02   #7 (permalink)
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Ohh thatsa sad news,if anything could have happened to the car you could have got a new one,but i feel really sorry for the biker,he cannot be returned..RIP to the soul.

Hope you are out of this loop soon rohan,be very alert on this.
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Old 4th January 2009, 00:23   #8 (permalink)
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Sad to hear that Rohan! I suggest you pressurise the dealer to get the vehicle freed at the earliest and give you a replacement vehicle till then.

A lot of times accident vehicles remain in Police custody for very long so if thats the case, press him for a new vehicle.
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Old 4th January 2009, 07:59   #9 (permalink)
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Just curious, if you have an upgraded HU etc, how are you making sure its not being pilfered?

Ive seen hitnrun case cars rot away at police stations, and when i've looked inside, they've been stripped. Of course your car would not stay there much longer, but do check on the ICE etc.
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Old 4th January 2009, 08:21   #10 (permalink)
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Quote:
Originally Posted by PAVAN KADAM View Post
Sad to know about this Dr.

You will be certainly in a bit of a loop during this case, but nothing to worry in particular.

Take it lightly you are no way involved in this fiasco.
very and sorry to hear about this but Im afraid that this being your car you are very much involved. Meaning, the hassle of getting it released, statements from driver, insurance payment to the family of the deceased, appearance in court case etc.
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Old 4th January 2009, 08:58   #11 (permalink)
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As long as you are going to be bound by legal issues, might as well sue the dealers for a new car + damages since your car may have extensive damage/get stuck at the police station
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Old 4th January 2009, 09:06   #12 (permalink)
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just saw this Rohan, what a terrible experience for you and all concerned. Hope it gets resolved soonest.
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Old 4th January 2009, 09:11   #13 (permalink)
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The job card may in all probability have the standard clauses protecting the dealer from all liabilities. IMHO, your best chance initially may lie in writing to Maruti and dealer's top management, and if that fails, a judicial process.

Check your job card and T&C for service.
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Old 4th January 2009, 09:44   #14 (permalink)
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Oh God! That is so sad!

I do hope that you have kept all the documents of handing over the car in proper order.

And I do hope that you got in touch with a lawyer and taken care of the legal side to ensure that the involved parties are all in sync of who is responsible for this incident!

Quote:
Originally Posted by vasudeva View Post
The job card may in all probability have the standard clauses protecting the dealer from all liabilities...
No, this does not. Regardless of such dump clauses, dealers have been taken to task and made to pay-up for damages caused while a vehicle was under their care. They can't just put a clause and wash their hands off, especially when one of their person runs down a motorist!
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Old 4th January 2009, 10:22   #15 (permalink)
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Quote:
Originally Posted by greenhorn View Post
As long as you are going to be bound by legal issues, might as well sue the dealers for a new car + damages since your car may have extensive damage/get stuck at the police station
I think this is a good suggestion.

When you generally apply for an NOC, the RTO asks for a clean chit from the local Police. So this car might just get listed there (I am guessing). So you might as well put this case and try to get a new car from the dealer. And might as well escalate it to the highest extent.
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