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Old 13th December 2011, 10:11   #1
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Default Drunk Doctor bangs into parked Swift. Advice needed

Hi there. My fiancee's Swift was standing outside her building when a speeding Ford Fusion smashed into the car from the back.
The Ford Fusion toppled over but the owner came out unscathed. Owner was drunk. Police car came in and towed his car away.
Our's is also standing near the police station.
Our Swift is damaged quite a bit around the rear portion of the car body. The rear suspension is out and from initial evaluation the axles are mostly out.

The car needs quite a bit of work, but I need advice on how to go about it.
Should I file a case against the owner (he is a Doctor and very particular about his reputation)??
What about insurance??? Should I contact Vitesse and ask them for an independent evaluation?? I have already contacted New India Assurance and they are coming today for an evaluation.

SOMEONE HELP me with how to go about this. Never been in such a situation.

Thanks.

(Someone just calm me down by giving me a full rundown on how I can go about this)
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Old 13th December 2011, 10:23   #2
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Default Re: URGENT HELP NEEDED! Accident advice

Unless the doctor is a known friend or a relative there is no reason why you should not file charges against him. He is a doctor, educated, knows the evils about drinking and still he was drunk behind the wheel. What if there was some one instead of your car, would his degree have saved that person NO!!

File charges and let the law take its course. You will get insurance no matter what.
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Old 13th December 2011, 10:29   #3
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Unhappy Re: URGENT HELP NEEDED! Accident advice

You should not worry about your car repairs coz it will be covered by the Insurance of the Fusion car which will pay for the third party damage (TPL clause in car Insurance policy). You should ask the Fusion guy to pay for your damages. If he does not agree, you can then file a case. Normally it should be the Fusion guy who should file a case since the Insurance co will not agree to pay until they have a FIR on hand.

Its a pity to know that such an important profession is marred by drunk driving.
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Old 13th December 2011, 10:34   #4
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Default Re: URGENT HELP NEEDED! Accident advice

+1 to what Tazzman said above. The doc is guilty and is more bothered about his reputation than the damage he has caused and hence is pleading and begging with you to take pity on him. Luckily no one was hurt in the incident.

So here is what you can do:

Claim insurance, ask him to pay the amount which you need to fork out (since claim wont cover 100% of repair bills) and if possible the no claim bonus amount too. FIR may or may not be needed so if at all you need the cops to help it will not be very cumbersome. Threaten to go to the media and tarnish his image further if he starts acting up. (i wouldn't do this normally, but when a person who's job and duty is to save lives and heal people actually comes close to such behavior, there is no let-up). Let him learn a lesson.

Last edited by n_aditya : 13th December 2011 at 10:38.
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Old 13th December 2011, 10:38   #5
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Default Re: URGENT HELP NEEDED! Accident advice

Sorry to hear that my friend. Nothing can be more frustrating than to get hit while parked or stationary!

I guess an FIR has to be filed - there is no other way. Only thing is - "drunken" driving can be omitted if you take pity on that guy and he pays every last rupee to get your car back in shape. These are the time when one is not sure of what to do - to give the guy what he deserves or forgive him!

Oh BTW, get his commitment in writing (stamp paper and all) that he will pay for the full repair cost with or without his insurance liability before you let him off the hook. You should not pay a single rupee and if you are in the mood, ask him to pay for the resale value impact due to the accident.

Hope your car gets back on the road soon.

Last edited by androdev : 13th December 2011 at 10:39.
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Old 13th December 2011, 10:40   #6
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Default Re: URGENT HELP NEEDED! Accident advice

File a Case no matter what he says. So if he backs out of his committment to cover your expenses at a later stage, you can claim insurance on your loss.
Also any person drink driving should be suitably punished. If the cops did a blood test after the accident and found him to be drunk, the punishment will involve him spending some time behind bars.
Repairing of the car isn't a big deal, and depending on the age of your car, nearly 70 to 80% of the entire bill will be covered by your Insurance Company.
Also make sure the Doctor compensates you for a temporary vehicle during the time the car is in the garage for repairs.
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Old 13th December 2011, 10:52   #7
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Default Re: URGENT HELP NEEDED! Accident advice

Ask him to pay (politely) all damage either through his third party insurance or from his pocket. A basic FIR would be needed in this case. If he does not agree then get Drunken Driving included in the FIR. Also as recommended by @androdev do get agreement written down in a legal way so as he does not wriggle out after giving oral approvals.
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Old 13th December 2011, 10:54   #8
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Default Re: URGENT HELP NEEDED! Accident advice

Quote:
Originally Posted by mohandasnikhil View Post
File a Case no matter what he says. So if he backs out of his committment to cover your expenses at a later stage, you can claim insurance on your loss.
Support the point above.
Alternately, you can ask him to give you some amount (repairs + no claim) in cash rightaway, so that the remaining gets covered by the insurance. Once he pays up, the case needn't be filed.
Do not agree to any claims of payment being done later/ on actuals.
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Old 13th December 2011, 10:58   #9
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Default Re: URGENT HELP NEEDED! Accident advice

+1 to Tazmaan!

If he was drunk at the time of the accident, I don't see any reason for you to show any mercy. His agreeing to bear the cost of repair / replacement isn't his punishment. His punishment is the 8x8 cell behind the bars and punitive damages. What about the time you are going to spend without the car? What about the time you will lose arguing with that idiot? And the efforts you are going to put in to pursue insurance fellows? Please do place some value on all these, and the sum of which will be far more than the insurance cash that you can receive from the medical fellow.

Though practicality may demand toning down and getting some monetary compensation and live as if nothing happened, I would still suggest taking the legal course. Else, ask him to replace the car. Why should you get stuck up with a repaired piece, which is still only a damaged and repaired unit?

In any case, please don't show any bit of mercy.
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Old 13th December 2011, 10:59   #10
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Default Re: URGENT HELP NEEDED! Accident advice

Quote:
Originally Posted by frankmehta View Post
SOMEONE HELP me with how to go about this. Never been in such a situation.
You have a decision to make.

Either:
1. Go insurance route. This requires third party claim. I.e. FIR + Court (Motor Tribunal). That would mean ~15 days of work across 3 - 4 months
2. Have him buy Swift "As is"
3. Take him to A.S.S. and make him do a deposit of full estimate amount

If I were in your shoes, I would take option #2. Reason is you have him at-hold for now but after 2 - 3 days he will get legal advice and ways to make process painful for you.
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Old 13th December 2011, 11:27   #11
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Default Re: URGENT HELP NEEDED! Accident advice

Lemme join the chorus and say this - sue the doctor! Thats, if he doesnt fork out the damage amount. Also, do not forget to claim the No Claim Bonus amount too. Why should you be at loss, for no fault at all?

An FIR would most likely be needed, as the insurance company wont accept claim otehrwise. But then again, that would be the doc's headache and not yours. Be adamant, dont give in to any claims of his.

His reputation and degree have nothing to do with the incident. If that was the case, all reputed people would be above the law.
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Old 13th December 2011, 11:35   #12
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Default Re: URGENT HELP NEEDED! Accident advice

From what I know, the doctor has been subjected to the mandatory blood tests etc. The cops are just waiting for our approval to chargesheet him and prepare an official report.
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Old 13th December 2011, 11:49   #13
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Default Re: URGENT HELP NEEDED! Accident advice

A doctor drunk at 10.00 AM? And he has some reputation?

If you are planning to bring drunken driving into the frame you will have to get his blood tested pretty soon. Else all traces of alcohol will vanish and he can claim it was just a normal accident and you may have to pay the outstanding amount after insurance settlement. That might be quite high sometimes.

It would be best if you could get a lawyer. Just pay him his fees and he will see to each and every minute thing and can also give you proper advice. This way you wont get duped of anything. Dont belive the police jargon. They would get a handsome bribe from the dr for avoiding drunken charges.
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Old 13th December 2011, 12:11   #14
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Default Re: URGENT HELP NEEDED! Accident advice

Quote:
Originally Posted by frankmehta View Post
The cops are just waiting for our approval....
Read that as your approval or suitable adjustments from doctor's side (whichever suits them). Things such as smudging pages from logs of govt lab (that would make it tough to prove that sample was not tampered with and was handled correctly).
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Old 13th December 2011, 12:20   #15
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Default Re: URGENT HELP NEEDED! Accident advice

Had faced two similar incidents in last 3 years. Even if police files a drunk drive case, i think he may have to pay some fine in the court and then he is out. How far his insurance will bear your repair charges is also not clear as these legal battles can take upto 5 years. Please check this with your insurance guys before entering any settlement.This was what i was told when i had a similar incident.
I had negotiated with the guy and got the money paid by him for the repair in one case and the next time it was shelled from my pocket as he was a truck fellow and he was like do what ever you want to do.
Please check with your insurance company and take a call. If ur insurance company cannot get the money as a third party claim, then negotiate with the doctor and have him pay all your repair costs.
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