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Old 9th November 2015, 21:48   #1
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Question Car stolen...now found! What to do next?

Hi,
My Honda City dXi (1.3) 2003 (long crystal lights model) was stolen last week on Wednesday. It's been six days since the incident. We had followed all the procedures and filed for the FIR, Insurance Claim and also gone to the FIR to submit a letter for safe keeping of the Registration of the car. The car was insured with Oriental Insurance for a value of Rs.85,000/-.

Today, exactly six days, we received a call from the Investigating Officer that the car has been found and is kept at the Kashmere Gate Police Station, Delhi.

Considering the location of the police station, the car must have been found nearby, a place that is notorious for second hand spare parts which are usually stripped from stolen cars.

I am yet to see the car, but there is a very high probability that the car has been stripped of it's parts and there will be significant repair work required.

I have a few questions -
  1. Do we have to accept the car as-is? Or can we also reject the car and ask for it to be scrapped?
  2. If the car requires major repair work, can we claim it from the insurance?
  3. To claim insurance for repairs, does it need to be sent to the official Honda Service Centre or can it also be gotten repaired from somewhere else and the amount be claimed?
  4. I read in the FAQ section that if the repair work costs above 75% of the total insured amount, then the company prefers for the car to be scrapped. But how does one assess the repair required to be undertaken in a case of vehicle theft. I may be dealing with parts completely missing from the car (eg. Compressor, Condenser, Radiator, etc.)
To top it all of, the IO is asking us to take care of his "Diwali". Some things just never change..


Any help would be much appreciated!
Thanks in advance,
Sibot
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Old 9th November 2015, 22:27   #2
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Default re: Car stolen...now found! What to do next?

FIrst notify insurers and ask them to inspect vehicle and assess repair costs
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Old 10th November 2015, 12:35   #3
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Default Re: Car stolen...now found! What to do next?

Be optimistic . What if the car is still in good nick? My stolen Esteem was recovered a couple of days later and (IIRC), only the seat covers & stereo were missing. We used it for another 3 years after that.

First check the car yourself. If no damage, complete the formalities at the police station, get your car back & close your claim with the insurance company. On the other hand, if there is damage, refer to Ajmat's advice.

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Old 11th November 2015, 08:36   #4
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Default Re: Car stolen...now found! What to do next?

Quote:
Originally Posted by sibot View Post
Hi,[*]Do we have to accept the car as-is? Or can we also reject the car and ask for it to be scrapped?[*]If the car requires major repair work, can we claim it from the insurance?[*]To claim insurance for repairs, does it need to be sent to the official Honda Service Centre or can it also be gotten repaired from somewhere else and the amount be claimed?[*]I read in the FAQ section that if the repair work costs above 75% of the total insured amount, then the company prefers for the car to be scrapped. But how does one assess the repair required to be undertaken in a case of vehicle theft. I may be dealing with parts completely missing from the car (eg. Compressor, Condenser, Radiator, etc.)[/list]To top it all of, the IO is asking us to take care of his "Diwali". Some things just never change..


Any help would be much appreciated!
Thanks in advance,
Sibot
AFAIK,

You have to accept the car. Take the Insurance Surveyor with you to the place where it is parked and have him inspect the car and estimate the repairs in case of theft / accident.

Since the car is insured for 80,000 the insurance company has the right to treat is as a Total Loss if the cost of repairs exceeds 70% of the lesser of IDV or Market Value.

Repairs should be carried out at ASS.

Now you have a choice - since you have been told to take care of "Diwali" you decide the way forward and act accordingly.
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Old 12th November 2015, 02:03   #5
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Default Re: Car stolen...now found! What to do next?

Thanks for all the info guys! I am keeping up the hope that the car is still in a decent state and can be used.

Guess there would be a lot of paper work now involved with getting a superdari from the court. Someone told me that a car cannot be sold for the next 5 years while it's on a superdari or at least till the culmination of the case(?). Also, is a superdari required when the thief has not been caught?
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Old 13th November 2015, 00:39   #6
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Default Re: Car stolen...now found! What to do next?

Update: Went to the Police Station A today to pick up my car and bring it to P.S. B.

Looking at the condition of the car, the car seems to have been stolen for a joy ride. There were bottles of beer (9-10), paper plates and pakoras strewn around the car. The joyriders decided to use the car till the fuel ran out completely, till the car would not start again and then they abandoned it. The loose parts seem to have been stolen for scrap, so the spare wheel, jack, spanner, battery jumper cables, etc. are missing. Also missing and not surprisingly, are my colognes and RayBan'.

The thief decided to leave behind the car papers, house keys and stereo. Don't know what comes over people to steal people' car for joyriding around the city. The courts open on Monday, so I shall apply for the superdari then.
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Old 13th November 2015, 13:24   #7
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Default Re: Car stolen...now found! What to do next?

Quote:
Originally Posted by sibot View Post
Looking at the condition of the car, the car seems to have been stolen for a joy ride.
Told you so (i.e. to be optimistic). Good to hear that there is no serious damage on the car.

Quote:
The thief decided to leave behind the car papers, house keys and stereo.
You are LUCKY! If I may suggest, please don't leave your original car papers or house keys behind in your car.

Congrats on getting her back.
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Old 13th November 2015, 13:47   #8
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Default Re: Car stolen...now found! What to do next?

Quote:
Originally Posted by sibot View Post
The thief decided to leave behind the car papers, house keys and stereo.
To be on safer side, you may want to change your lock at home
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Old 13th November 2015, 14:04   #9
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Default Re: Car stolen...now found! What to do next?

Wow Sibot, congratulations on finding the car back, in good condition.

Do keep us updated on how much did it cost for you to get the car back (including the "Diwali" charges)
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Old 13th November 2015, 14:27   #10
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Default Re: Car stolen...now found! What to do next?

Congratulations on getting your car back and in good condition.

and + 1 to Chakri400's suggestion. Get ALL your locks at home changed IMMEDIATELY. They might have made a duplicate key and might have left the home keys back in car hoping you dont suspect anything. Pretty sure they may want to try the keys on your home.

Also recommend changing the locks on the car too.

Cheers again on getting the car back.

Shailesh.
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Old 14th November 2015, 22:29   #11
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Quote:
Originally Posted by sibot View Post
The thief decided to leave behind the car papers, house keys and stereo. Don't know what comes over people to steal people' car for joyriding around the city.
It's best to change the house locks just to be safe since they had access to your car papers as well.
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Old 15th November 2015, 23:35   #12
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Default Re: Car stolen...now found! What to do next?

Thanks for all the help and good wishes guys! I am glad that the car is in the same state as it was stolen. I was skeptical because of the location it was found in, it is a very popular car spare parts market in Delhi.

I will be going tomorrow to file the superdarinama, the head constable said we needn't hire a lawyer and can do it ourselves. Although it helps that I am a recent law graduate (yet to register with the Bar), but I don't know the exact procedure of the same. I will post the procedure, etc. tomorrow later in the day.

And yes, I will post about the expenses of "Diwali" incurred in getting our car back
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Old 16th November 2015, 00:01   #13
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Default Re: Car stolen...now found! What to do next?

Thats great news!

Yes please do share regarding the procedure of superdarinama. I am sure it would be of great help here.

Diwali expenses are becoming as common as store keepers giving chocolates instead of change.
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Old 16th November 2015, 22:17   #14
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Default Re: Car stolen...now found! What to do next?

Filed the Superdarinama today at the court. It is a very simple procedure. You can go to any typist at the court and ask them to draft a superdarinama for you. They usually have the format stored with them on their computer (but we decided to go old school and went to a typist) and fill out the relevant details. You also need to affix a Rs.2/- revenue stamp on the superdarinama.

Then all you have to do is to sign the superdarinama, go to the relevant court room and give it to the court keeper there. He will give you a date on which you need to appear before the Magistrate and get the relevant orders.

You should make three copies of the Superdarinama, two will be submitted in the court and one will be for your own personal record. In the meantime of your appearance, the superdarinama will be sent to the concerned IO for his approval and no-objection statement for the same.

On the date of the appearance, court orders will be passed stating the amount for which you need to get an indemnity bond made. The amount is a security to the court in the event of failure towards reproducing the said vehicle, which is court evidence, when the court asks you to.

With the stated amount in the order, you can go to any typist and get an indemnity bond made accompanying a stamp paper of Rs.100/- stating the amount stated in the court order. After that you need to get it notarised.

I have got 18th as the date of appearance. I will further update with the procedure as it happens.

Btw, we also received a call from the IO that he has got the superdarinama and has duly signed it.

Thank you for all your continued support!
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Old 16th November 2015, 22:24   #15
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Default Re: Car stolen...now found! What to do next?

Which Delhi court did you get this done at ? I am pleasantly surprised at the simplicity of the process
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