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Old 10th November 2011, 23:49   #76
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Default Re: What to do in case of an accident

Once our car was involved in an accident and was seized.

This is what happened, a 2 wheeler cut across from the left and suddenly decided to brake, the driver couldn't stop the car in time to avoid a collision. The 2 wheeler rider(a bank manager in 50's) accepted to the cop that it was primarily his fault to overtake from the left-side, come in front of our car and brake heavily.

A FIR was registered saying rash and negligent driving by OUR driver NOT the 2 wheeler as apparently that is the procedure. Car had to be left in the police station overnight. The following morning after inspection by the RTO inspector the car was released by the cops.

This was the procedure in bangalore, dad had to attend 2 hearings at the court and from then on the insurance co. fought the case.Hope this helps.
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Old 11th November 2011, 10:08   #77
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Quote:
Originally Posted by iSpoke View Post
Sorry, to learn about your accident and thank god that nobody was hurt.
26K looks way expensive, I have been always told by most Maruti owners that parts are way cheaper as compared to other brands. It makes me wonder, what could be the price for such damage be it VW or Skoda?
Yes fortunately, no one got hurt.

I was expecting such an estimate because a friend of mine had repaired a door on his car (Swift) and that cost him around 7K INR.

Quote:
Originally Posted by sadnabrina View Post
I agree. 26K looks too high. Based on the picture you have posted, the repairs needed would be -
1) Dent repair and painting of 2 door panels - 7K at most
2) Dent repair and painting of right rear fender - 3K at most
3) Replacement of door handles - 2 doors - 2 K at most
4) Possibly replacement of the lock mechanism (if damaged) of the 2 doors - 2K at most
5) Some plastic and rubber parts on the door lining - another 1 K
6) Labour extra - 1 K

That totals out to 16K. Anything above 20K would be too high even by VW/Skoda standards.
Did you check the line items in the final bill in details? Was there anything else that was repaired/replaced?
I have the estimate with me. Will try to scan and upload it soon.

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Originally Posted by SDP View Post
Abhishek, sorry to hear about the unfortunate event. In such cases, more than the monitory loss, the hopelessness of the system, the attitude of people and seeing your well maintained car getting some ugly scars is really frustrating.

The Rs 1000 limit for real accident cases and Rs 2000 in case of injury are really ridiculous. I never knew this till date.

The interesting bit is about the possibility of getting the vehicle seized by the police in case a FIR is lodged against the driver and the specified vehicle is involved. Is this a state specific rule by any chance? How long does the vehicle remain seized? till the date, the case is resolved? Can any experts throw some light around this aspect?
I agree, it was not the monetary loss but the seeing the condition of the car which goes really wrong.

The car remains seized till the inspection is done. That could range from a day to 3 days depending on the availability of their mechanic who attends to multiple police stations. That was what was told to me. I could be wrong.

Last edited by abhisheksircar : 11th November 2011 at 10:09.
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Old 20th November 2011, 01:51   #78
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Default Re: What to do in case of an accident

Hello Friends

Since this thread belongs to accidents I will share my experience. I have already put this in other thread but I think this would be most appropriate place to share
MODS please do the needful If my posts violates any rules

Currently I undertook my 1st trip to south Karnataka in my TATA Safari GX one year old with my wife. I had done almost 1500kms from variety of landscapes and was going towards my final destination at Kabini.

I took the Nagarhole road which joins HD Kotte through a village called Asragundi

At this place a biker as I observed was speeding on a small incline towards me with his head turned back [like saying a bye to someone] from extreme left. I gauged the danger took my car to extreme left off road and just honked at him. He somehow panic and trying to control his bike banged my right OVRM and fell down . In this process he banged his head on his own bike.

No one was there on the road. I got down took his bike aside, washed his wounds , gave him first aid and was planning to take him to hospital. Since not knowing language and also a bit panicked because I had my wife with me, I waited a few minutes and saw a passer by whom I pleaded to help me get the guy to Hospital. In a meanwhile a bus came there who stopped and its conductor fortunately knew some hindi. He told me not to move my car as it would confirm me being at fault. Being confused I did not know what to do as I knew they guy had head injury and if anything occurred I would be at fault. Fortunately I manged to get a rickshaw in which I sent him to hospital and told the guy to inform police.

However things turned ugly as village mob along with some goons gathered and they though I was guilty [ as is the case with big vehicles]. A few came to hit me when the conductor intervened and told me to get in the bus and go to police myself. On reaching the police I explained to the chief officer everything who sent a man with me to inspect and get my car back to the station. In this time I had to leave my wife alone at the station.
After certain time I was made aware of situation that I had following options
1>Outside compromise
2>If demands too high register case
3>If case to be registered than cars would be seized and given after inspection which may take 2-4 days

Now I did not want to involve my parents and having wife with me it was difficult to know what to do.I crossed my fingers and waited for first option. I had another fear that if the patient died/coma I would be in big trouble for no apparent reason as it was village against me. However a good news came that patient was alright but had a skull chip injury and would require some scans. Apart from that he had a fracture in his right hand and some bruises

When the village goons came to negotiate I was all at sea as I did not know kannada and they were bargaining with police. Initially the goons asked for 1 lac rupees as they though I was a big shot from Mumbai. However after negotiating it came to 22k. I was hoping to get it even low to 12 -15k but late evening, language barrier, wife with me and the thought of talks failing ; Legal-Case loomed over me and I finally agreed to pay 22k. I got everything written on stamp paper that we are not at liability and carried ahead. I would put forth my inferences and queries from above. Please help

INFERENCES

1>Never take village roads in alien states unless you know the local language.

2>In case of my situation take a photograph or a small video of the incident before helping the patient

3>Take the patient straight to hospital, give him first aid, then go to police yourself and narrate the incident

4>Do not wait till mob gathers because in a village if mob gathers you would be standing alone

5>The village mob is panicky and they may hit you ransack and raze down your car since its a perception that people with cars / big cars are always rash

6>Do not fear going to police. Understandably we all look to get out of the mess in such condition. Infact of you offer to yourself call the police it would make your point strong

7>Asses the injury to the patient before he leaves the scene, Take pictures or evena small video. In case of Head injury always remember that whosoever at fault, the patient must survive because if goes unconscious or similar you are in big trouble.

8>If you have family with you and in a tricky situation like mine, pay the money even if its bit extra . I know a bit of patience can get you a good deal but you must be able to communicate properly. In above case I thought of asking the insurance paper of the bike and if incomplete I could have been rested of my troubles, but in small villages you could be easily ransacked even after you leave the premises by locals if they are enraged. So do not take a chance if you are not confident and have family with you. If you intend to do so the hire a lawyer or get some local help who can convey this to police . I have seen that if you tend to ask police these things they feel as if we are teaching them something [especially if you belong to big cities] and they may not side with you. In my case I being very humble [especially a Dr] and having my wife with me who was politely talking to the officers, helped my cause as they negotiated got the papers themselves the sign and made me free in total of 6 hours. Also never admit that you belong to a major city in front of villagers. The village goons think you have ample money and ask for exorbitant sums as they know that you wont pursue the case. Also mentally asses the medical damage to the patient. In my case I had calculated that an head injury requires scan [MRI] which may cost anywhere between 3k-6k depending on location, other scans amounting to 2k, minor surgery and transportation charges accounting to some 3-4k , so a mental figure was anywhere between 12-14k. I was adamant on 12K but as negotiations and arguments took its toll on time with almost 8pm at the station and chief officer ready to move out, my wife became a bit scared and me too and hence finally decided to pay 22k. I know i was being ripped but language barrier, unknown place and other fears of court , home worries , I decided to just finish it and move on.

9>Asses the basket if you tend to press charges. Once a case is registered then you may have to go to the court when chargesheet is filed. In my case coming to Mysore from Mumbai , having my car seized leaving me and my wife on the road, the uncertainty of its release, informing back home was too big a pressure than to settle. However if the same was case near my house or locality I would have pressed charges for sure


Friends these are my inferences. However if any of you think I should have acted differently or negotiated in a different way please enlighten so It could help me in near future. Also please elaborate on how one should deal with such situation if you are with a lady miles away from home

Regards

Last edited by lodhra : 20th November 2011 at 02:01.
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Old 20th November 2011, 09:36   #79
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Default Re: What to do in case of an accident

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I know i was being ripped but language barrier, unknown place and other fears of court , home worries , I decided to just finish it and move on.
I feel sorry for what you had to go thru' and I'm glad in the end it just cost you financially.

It enrages me to know how our own countrymen react to someone's misery and helplessness; humanity is on it's way out.

What puts me off even more is that the police just don't have the *courage* (for lack of a better word) to stand up and tell the "mob" that you weren't at fault. Why is it in India that we are ready to pay even 22k just because some idiot wasn't paying attention on the road. And there are many such - people talking on the phone, messaging while riding, looking at something else, doing stunts on the road etc.

Day by day, I really sense the need to know someone influential if you want to be safe - being "right" doesn't get you anywhere!
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Old 20th November 2011, 10:25   #80
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Default Re: What to do in case of an accident

@lodhra: On a deserted road. You did not even consider abandoning that guy.

I am so proud of you.
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Old 20th November 2011, 12:04   #81
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Default Re: What to do in case of an accident

Hi,

As per Indian Union Motor Driving act, to begin with, you are supposed to check for your and others in your vehicles safety/ injury. If you are safe, you are then supposed to check for the third party's health condition.. If he needs medical attention, then you are supposed to help him get the medical attention. Once that is done, you are then supposed to report the incident to the nearest Police Station. Whether a case is preffered or not is a diff question, but atleast an entry in the GD ( general Diary) is essential..

This far is what the law states. But, as always, the law remains on paper, and mostly accidents are now settled with comprehensive insurance covers unless there is an injury involved....
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Old 20th November 2011, 12:33   #82
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@lodhra: You did the right thing by not leaving the injured on road, especially when you knew that he suffered an head injury. The 22k you paid, don't worry, will reach back your pocket in some other way. I think the only mistake you did was to leave your wife alone in the police station. Never do that again.
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Old 21st November 2011, 18:58   #83
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@libranof1987 yes you are so right? I forgot to mention that on my way to police station I called up my host at Orange County who knew the senior officer and explained my case to him. It was because of him that I got a speedy treatment else I fear what I would have done , the thought still sends shivers

@Cliffhanger, Yes I would definitely not make that mistake again. But when I left the scene the mob was so volatile I feared that if the attack again it would be traumatising for my wife and she was calm enough to sit at the station though those moments from station to back were most anxious

I feel people are getting so greedy they just want to take advantage of someone's misery forgetting they too might be in such a situation some day. More so such incidents leave such a bad taste I wonder god forbids if I am in an similar situation again what would I do in terms of humane actions.

There is a huge cry when people leave injured unattended and move on , but with such experiences what would one do. With gods grace I could arrange for the money but what if I could not, what if I did not know the officer so many questions

A fellow friend at Orange county narrated his experience about villagers throwing fowls at cars and if they die you have to pay for its generation on basis of how many eggs it lays and so on. This is a very common practise in small villages. I have noticed in Maharshtra people just release old cows on highways so if it gets dashed they can get compensation . My own uncle once had to pay around 25 k because a villager let loose his cow on Pune Mumbai highway at 2am at night. Now what does a domesticated animal do on an highway at 1am.

I hope this was a learning curve and maybe god gives me better handling sense if ever I am in such a situation again

Thanks for your inputs friends

Best Regards

Last edited by lodhra : 21st November 2011 at 19:00.
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Old 26th November 2011, 12:07   #84
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Default Re: What to do in case of an accident

@lodhra:

While I am sad that you lost a lot of time and had to pay Rs 22,000/-, I am happy that you still stopped to help that guy although it was not your fault at all. I do not know if I would have done that in your situation. I am proud that you had the conscience to do that.

Regarding making your wife wait at the Police Station, I suppose you took the call according to the situation. It is not a great idea and perhaps I would have made her wait in the car with the doors locked (of course, it depends on how many hours you have to wait and whether the mob looks crazy enough to break the car windows).

All I can say is that, the best decision is the one you can take at that moment. Your entire life before that is just a preparation for it.

And as already said, that Rs 22,000/- will come back to you some way or the other. Or maybe, it wasn't meant to stay with you in any case.
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Old 26th November 2011, 13:24   #85
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Thanks Cliffhanger. As said I had left my car on spot and had to reach police station through a bus as the mob got violent. So to do panchnama I had to travel back to car in police jeep and hence had to leave my wife at police station

As said about the money , yes it hurts you but I know and humble enough to accept that you earn and loose as much you are supposed to so that factor does not bother me much. The more worst part is to look at that dent on the car everyday and be reminded of the situation. It also puts a dear about doing such road trips with wife in unknown places. I hope this all dissolves soon.

Thank you so much and I hope my write-up may help some other friend on this forum god forbids he may encounter such luck. I feel with increase of two wheelers in the villages it's very difficult to gauge such situations. Some years back once you entered roads away from cities one may encounter very few vehicles, maybe a village transport and few cycles but these days even in remotest of parts we find hot of vehicles and that increases more concerns for travellers no wish to take theses road trips. Certainly I would be avoiding interior roads from no on as much as possible.

Regards
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Old 15th December 2011, 22:46   #86
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Default Re: What to do in case of an accident

Guys - i have one simple question -

If someone bumps into me say rear-ended me at a red light, and i file an FIR, Would the person's car insurance (who hit me) pay me for the repair ? Assume i am not at all at fault.

PLease reply to this. You do not know how much this information is going to add value to me.

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Old 15th December 2011, 22:53   #87
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Guys - i have one simple question -

If someone bumps into me say rear-ended me at a red light, and i file an FIR, Would the person's car insurance (who hit me) pay me for the repair ? Assume i am not at all at fault.

PLease reply to this. You do not know how much this information is going to add value to me.
If the offender has taken third-party insurance, you need to fight a legal case with that insurance company (and prove that it was the offender's fault) to get compensated for the repairs.

So conceptually, yes.
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Old 16th December 2011, 10:10   #88
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If the offender has taken third-party insurance, you need to fight a legal case with that insurance company (and prove that it was the offender's fault) to get compensated for the repairs.

So conceptually, yes.
hey thanks for the info -

Is "just FIR" not sufficient to file claims ? Must it be necassarily routed through court as a case ?
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Old 16th December 2011, 11:11   #89
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hey thanks for the info -

Is "just FIR" not sufficient to file claims ? Must it be necassarily routed through court as a case ?
As per my understanding FIR means "a offense has happened and needs to be investigated". Once the police have investigated, the findings need to be presented to the court for the court to decide whose fault was it and what is the amount of compensation, if any. So, yes, the compensation through third-party-insurance (or otherwise) has to be routed through a court case.

Experts can comment and correct my understanding.
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Old 16th December 2011, 13:24   #90
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^^^

When it comes to language barrier it reminds the accident i had few months back.

I'm from KA, speak the language properly.

While returning from chanrayapatna near kunigal city i was in extreme left. A biker with gas cylinder and pillion over took me from foot path and try to squeeze to main road. In front of us big patch of tar had gone. he tried to cut me off and take main road. Opposite side there comes a goods van and his handle bar touched my rear view mirror. he fell and his gas cylinder landed on my back door.

now i had crossed the spot and stopped in 100 mts. guy id lying on road in pain. i made my wife and 6 month old infant sit inside and check for the guy.

Got down and went near him, i was welcomed with nasty blows by locals, even a 70 yr old man gave 3 with his walking stick. i spoke to everyone tried my best to make them understand what was the problem. took him to near by hospital. nothing major. then i was demanded money for no mistake of me. first i was asked 15k. i dint agree. then came down to 7.5k. i said i dont have money. by this time another guy had already put hand on my gold chain. i said lets go to police station. they were not moving. By this time the injured guy came there and intervened. He said it was his mistake and i have nothing to do with it. i have given treatment and thats enough. By this time mob left me and started belting the injured person. I went and stopped everyone. asked him how much he needs. i dont want to talk anyone in the gang. he said 2k is enough for me. I gave him 2.5k and left the place.

so doesnt matter if you know the language or not. you will be the victim if the decide to talk money out of you.
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