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Old 25th April 2012, 14:24   #46
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Default Re: We hit another car that isn't endorsed to the legal heir. Now, who is responsible

Let us play the events one more time.

1. Your car entered into a street violating the one-way rule (from the picture posted).

2. After dropping the passenger, started reversing and accident occurs (as per your admission, its your (amby) fault).

3. Crowd gathers, Alto guys started exchanging heated words with your driver (temporary driver). Driver calls your father.

4. Owner (your father) appears, and accepts that it is his/driver's fault. He assures the alto guy that he will compensate for the damages. He gives the Tel number to the alto guy so that the alto guy can reach out to him with the repair bill. Alto guy accepts the word from the Gentleman (or a person appearing as a Gentleman) and leaves (this promise also avoided the need to call the cops and FIR filing etc).

5. Amby and the Father is back in your home town. No police case/FIR and Alto guy is now an outsider. He calls you based on the promise given by a Gentleman, but now he faces whole lot of questions.. How come the repair bill is so much? why can't you use your own insurance? etc etc..

Bottom line - The Alto guy GOT CHEATED.. period...
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Old 25th April 2012, 15:25   #47
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Default Re: We hit another car that isn't endorsed to the legal heir. Now, who is responsible

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Originally Posted by psvinay View Post
Let us play the events one more time.

Bottom line - The Alto guy GOT CHEATED.. period...


Mr Vinay,
We cannot just like that pay him what ever he asks. Still we are not in a position to decide to what extent his door has suffered and does it really need a complete replacement, I am yet to receive calls/ picture of the dent)

The alto guy cannot take for grated to replace the whole door just because my dad had promised for the payment after insurance and my dad will pay out what ever he shows as estimate bill from showroom. Its like inflating a insurance claim hoping that we get atleast 50% of the total asked quote. Its like first he is trying to push up the maximum he can get, and finally he might reach his near 100% of total expenditure, say 3-5 for repairing at outside local tinker.
Suppose his door is reparable, but due to the fear of inconsistent work carried over a damage door, he could have asked the showroom to replace the door itself right? What I am looking here like I want to ensure that his door actually needs a replacement because the dent is beyond repairs.

Suppose say new door replacement is necessary, and mirrors, locks, rubber beading of the old door are intact, I need to ensure that he is not claiming from me right?

So you cannot declare we have cheated. We are still in the process of getting evidence for his 12k estimate which is pending.
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Old 25th April 2012, 16:15   #48
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Default Re: We hit another car that isn't endorsed to the legal heir. Now, who is responsible

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Originally Posted by theexperthand View Post
In this case, the OP have agreed to use the third party insurance, but it seems like the Alto guy did not want to do that also. If the alto guy do not want to use the third party insurance of the OP, then why should OP bear the full cost of the repair?

If the third party insurance comes in to picture, can they refuse the claim of Alto guy because he was driving with out a valid insurance?
Why would alto guy refuse to use third party insurance of the guy who hit.
As for the Third party insurance, they cannot refuse to pay unless the person whose insurance is paying contests the claim laid by the aggrieved.
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Old 25th April 2012, 16:31   #49
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Default Re: We hit another car that isn't endorsed to the legal heir. Now, who is responsible

Small Query - There is a talk about losing NCB. Since the person who had taken the insurance is long gone, will his son be entitled to any NCB - that too if he hasn't done the necessary paperwork within a stipulated period of time after his father's death?
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Old 25th April 2012, 18:23   #50
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Quote:
Originally Posted by Fordmanchau
I would say, don't bother if he doesn't follows it up. This should not bother you guys much until he calls up.
Looks clearly to be Alto guy's fault to me, particularly when he has hit your right front of the bumper whil turning.
He clearly misjudged the turn even in his small alto. Pathetic driver, i shoud say
How come it is Alto guy's fault? As per picture uploaded by OP, his driver was in one way lane with head first and he was backing up - now, for Alto guy, it is impossible to know that the car is reversing as he won't have clear vision to Amby's reverse lamps. As per the picture, Alto guy was making left turn and that's when OP's driver decided to back up.

Bottom line here is, OP's father accepted that it was their driver's fault and that is clearly seen from the picture itself. In that case, OP's insurance has to pay via 3rd Party Liabilities (this includes Uninsured Motorists on road). It does not matter at all that the Alto guy had valid insurance or not. He will be fined when the insurance companies are involved.

Now, 12k for dented door of Alto is high or low, I don't know that and if OP is thinking that it's too high as per his driver's description, he should talk to A.** directly and get it confirmed or should visit the place personally.
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Old 25th April 2012, 20:15   #51
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Default Re: We hit another car that isn't endorsed to the legal heir. Now, who is responsible

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Originally Posted by Nitrous Power View Post

It does not matter at all that the Alto guy had valid insurance or not. He will be fined when the insurance companies are involved.
Same way our car went on one way road on a new town ( that was without knowingly, we was ignorant about one way), at night 11:30 pm. I will pay my fine too if police book a one way case fine. Remember normally in all town after 10 pm, vehicle would pass on either way on the one - way.
But purposefully driving a Non endorsed car after father death and attitude of Alto guy saying "I may or may not endorse my insurance, thats my problem, you pay full for my damage" is what he says on phone, But I said, Him claim insurance , I will pay the balance and his NCB during conversation Monday. Still waiting for response from him...
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Old 25th April 2012, 21:53   #52
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Quote:
Originally Posted by jeganatu

Same way our car went on one way road on a new town ( that was without knowingly, we was ignorant about one way), at night 11:30 pm. I will pay my fine too if police book a one way case fine. Remember normally in all town after 10 pm, vehicle would pass on either way on the one - way.
But purposefully driving a Non endorsed car after father death and attitude of Alto guy saying "I may or may not endorse my insurance, thats my problem, you pay full for my damage" is what he says on phone, But I said, Him claim insurance , I will pay the balance and his NCB during conversation Monday. Still waiting for response from him...
[quote="jeganatu"]

But tell my, Why he has to claim his insurance? It is your driver's fault and it has to come out of your insurance.
His attitude may be wrong here when he talked to you but what I am trying to tell you is, by law it is YOUR insurance that has to pay his damages and not his insurance since he was clearly not at fault. You asking him to claim on his insurance feels like you want to save your NCB.
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Old 26th April 2012, 13:47   #53
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Default Re: We hit another car that isn't endorsed to the legal heir. Now, who is responsible

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Originally Posted by Nitrous Power View Post

But tell my, Why he has to claim his insurance? It is your driver's fault and it has to come out of your insurance.
His attitude may be wrong here when he talked to you but what I am trying to tell you is, by law it is YOUR insurance that has to pay his damages and not his insurance since he was clearly not at fault. You asking him to claim on his insurance feels like you want to save your NCB.
Agree to that. But jeganatus' NCB wont be impacted at all as it would be third part claim and not own damage claim.
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Old 26th April 2012, 14:10   #54
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Default Re: We hit another car that isn't endorsed to the legal heir. Now, who is responsible

Quote:
Originally Posted by jeganatu View Post
Same way our car went on one way road on a new town ( that was without knowingly, we was ignorant about one way), at night 11:30 pm. I will pay my fine too if police book a one way case fine. Remember normally in all town after 10 pm, vehicle would pass on either way on the one - way.
Violating the rules an any place is a violation, there is no new town or familiar town difference here.
Your driver violated rules twice. First he entered the one way street from the prohibited side. He should have looked for road signs; there would definitely a No Entry Board. Then returned in Reverse and entered the other road backwards.
One more point to be noted is unless mentioned an one way stays as an one way day in and day out.
Regarding the payment issue I feel that 12K is way too high. On your part you can see the damages, talk and settle the issue once for all and for that my advice is to initiate action from your end.
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Old 26th April 2012, 22:58   #55
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Quote:
Originally Posted by alto99

Agree to that. But jeganatus' NCB wont be impacted at all as it would be third part claim and not own damage claim.
I always assumed that even third party claim will impact on NCB, but even jeganatus' NCB is not impacted, his insurance is liable to pay and in that case OP should not have any problem in charging the damages on his insurance.
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Old 27th April 2012, 16:19   #56
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Default Re: We hit other car that was not endorsed to legal heir, now who is responsible?

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Originally Posted by svsantosh View Post
1) Stictly speaking - just leave that idiot alone. He has no case, 1st of all he was driving a car that was not his legally. Even if he goes to police, they will ask the owner to be present to file a case!! It was purely his mistake.

2) Out of humanity you can check with a local tinker and offer to repair it locally, may cost 3-4K only! Or check with your local scrap dealer for a alto rear door and get it repainted and close the case.

I would do (1) after knowing his weak point - dont even know to transfer ownership upon death!
@svsantosh,

Please dont take personally but i did not like the tone of your post.
1. Just because A hit B and B has expectations which most of the people do not agree with does not makes B an idiot. He might be wrong at best.
2. He might not have a legal case against A, but the car not endorsed to the legal heir is a separate issue all together. A is technically responsible for the losses to the car and he / his insurer has to foot the bill.
3. The type of fix the owner of the alto want is his choice. Why should he agree to getting the work done against his insurance / taking to a local dealer / getting part from a scrap dealer. His door needs replacement and he is all correct to ask for a new door from the manufacturer. He would have been wrong if he expected you to take care of the repair of his boot which was damaged before the accident and you have all rights to say no to it.

I dont think if there was a mishap in any of our families, the first thing we do is to rush and get the ownership changed. For me, ownership of the car and the damage done are two separate issues and any person worth his salt should foot the bill for the damages he is responsible for, not a penny less and not a penny more.

Money can, may be, only bring the car back to original shape. It cannot fix the dent to the emotions and feeling hurt by the accident.

My 2 Cents.
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Old 28th April 2012, 13:00   #57
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Default Re: We hit another car that isn't endorsed to the legal heir. Now, who is responsible

Received Call from Alto owner yesterday. He spoke very calmly .
He said he got his alto back on Thursday itself and asked me to pay Rs.5000/- only which he says let us make out 50-50 each as it does not make out his quoted estimate of 12k ????

On Monday I asked him to get me an estimate from local tinker he never turned back regarding that and now he says work completed in showroom without informing me.

My doubts:

Did he really replaced the door in the showroom?
If so New door cost is Rs 5350/- plus paint and labour can amount to Rs 12000 as per his estimate given on Monday. Why would he now ask me to pay only 5000, which as he said is not 50% of the estimate. May be his bill amounts to 10k. (Lets wait for the bill )

Suppose if the existing dent on door was fixed and painted either in showroom or outside still Rs 5000/- seems to be a little high but its ok for me to pay in full. (Note: he is yet to send the original dent picture, Now since he has finished the work without intimating me what he is doing, I had asked to send before and after pictures for us to analyse.)

One way I feel happy that now I am asked to pay 5000 instead of 12000, but I feel suspicious why would he straight away reduce 60 % of the initial quoted budget of 12k . This seems to be weird.

Last edited by jeganatu : 28th April 2012 at 13:20.
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Old 28th April 2012, 13:38   #58
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Default Re: We hit another car that isn't endorsed to the legal heir. Now, who is responsible

I have received the bill and dent door pictures just now.

Bill seems to be original from showroom.
Part no says panel assembly and Rear Door LH.


1. What does panel assembly mean?

2. Bill amounts to Rs 10928, and he asks me to pay Rs 5000/- that is good for me but why? My thought is like he may claim using his insurance after endorsing and then claim this bill. Is there a way? Or was they really drunk during the incident which makes him to claim 50% only from me?

3. Can any one tell me whether this damage seems to be tinkered out or the dent is beyond repairs?

We hit another car that isn't endorsed to the legal heir. Now, who is responsible?-bill2.jpg

We hit another car that isn't endorsed to the legal heir. Now, who is responsible?-21042012399a.jpg

We hit another car that isn't endorsed to the legal heir. Now, who is responsible?-22042012401a.jpg

We hit another car that isn't endorsed to the legal heir. Now, who is responsible?-22042012402-b.jpg

Last edited by Rudra Sen : 2nd May 2012 at 07:16. Reason: Masked personal information for public forum
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Old 28th April 2012, 15:00   #59
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Default Re: We hit another car that isn't endorsed to the legal heir. Now, who is responsible

Quote:
Originally Posted by jeganatu View Post

One way I feel happy that now I am asked to pay 5000 instead of 12000, but I feel suspicious why would he straight away reduce 60 % of the initial quoted budget of 12k . This seems to be weird.
All's well that ends well. You might want to negotiate just one last time. Else just pay it and move-on.

Cheers
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Old 28th April 2012, 20:10   #60
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Default Re: We hit another car that isn't endorsed to the legal heir. Now, who is responsible

Here is the alto's door after repair work
We hit another car that isn't endorsed to the legal heir. Now, who is responsible?-photo0019a.jpg



Here is the bruises to my Amby's Bumper
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We hit another car that isn't endorsed to the legal heir. Now, who is responsible?-20120428-17.13.31.jpg


From the image of my amby what I can perceive is
the scratch is very minimum that would pretend like my amby was actually parked while alto has just made a left cut so intense that its door went deep inside leaving just a scratch to my amby.

So I will make a Neft of 5 k to his account on Monday and close this issue!

Now somebody please tell me whether his dent was repairable and if so what would be the estimate?
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