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Old 7th June 2012, 14:25   #1
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Default Car hit by a BMTC Cab. Is it worth suing them for 3rd party claim?

Today morning when my father was on his way to work in our i20, a Sumo belonging to BMTC hit the car from behind when my father braked hard to avoid a mad biker to swevered into the lane my father was driving on.The incident happened near Shantinagar bus stop on double road .Apprantly ,this sumo was tailgating our car,hence could not get enough reaction time to apply brakes and crashed into our car. The bumper and the tailgate has been damaged in this incident

The driver said he cant pay anything and asked my dad to contact their office person and get the money from them and left the scene. When i called up the number given by the driver, the feoolow responsible is saying that we will have to chaim third party from the Sumo's insurance and get the money and they wont do any payment to me directly.

I called up my car insurance provider and he said that the following process has to be followed
1. Book a FIR against the Sumo
2.We will have to keep the car at police station for 2 days for RTO inespection.
3.Hire a lawyer and file a civil case against the sumo for the amount claim.
4.Get the compensation money after eternity.



I dont have the pics of the damage as i have not yet seen the car. But what i want to ask is , is the mentioned procedure correct.Do we have to file a claim case in court to get the amount?Is there any other alternative?
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Old 7th June 2012, 14:36   #2
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Default Re: Car hit by a Cab belonging to BMTC.Is it worth suing them for third party claim?

As unfortunate and harsh as it may seem, I think it's best you carry out the repairs on your own Insurance. 2 foremost reasons : 1) the vehicle that hit you is a cab, not individual-owned; 2) it's owned by BMTC.

It will be way too much of a hassle to get it done through the Sumo's Insurance.

I'd suggest you treat this as one of life's unfair situations and proceed with the repairs.
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Old 7th June 2012, 14:42   #3
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Default Re: Car hit by a Cab belonging to BMTC.Is it worth suing them for third party claim?

Get a quote from your Friendly Hyundai dealership/*** ASAP. Work out the insurance coverage and Own-Cash expense post all repairs (estimate) - choose yourself if you can spend from your own pocket (lets say 10K own expense for example - can you spare that much?) - if no (say a BIG amount) - go the legal way. Sadly - a accident case will take its own sweet time to get clearance from Insurance so many dont bother until human tragedy is involved...
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Old 7th June 2012, 14:46   #4
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Default Re: Car hit by a Cab belonging to BMTC.Is it worth suing them for third party claim?

Quote:
Originally Posted by libranof1987 View Post
As unfortunate and harsh as it may seem, I think it's best you carry out the repairs on your own Insurance. 2 foremost reasons : 1) the vehicle that hit you is a cab, not individual-owned; 2) it's owned by BMTC.

It will be way too much of a hassle to get it done through the Sumo's Insurance.

I'd suggest you treat this as one of life's unfair situations and proceed with the repairs.
Quote:
Originally Posted by svsantosh View Post
Get a quote from your Friendly Hyundai dealership/*** ASAP. Work out the insurance coverage and Own-Cash expense post all repairs (estimate) - choose yourself if you can spend from your own pocket (lets say 10K own expense for example - can you spare that much?) - if no (say a BIG amount) - go the legal way. Sadly - a accident case will take its own sweet time to get clearance from Insurance so many dont bother until human tragedy is involved...

I cant comment on the amount part because i have not seen the extent of the damage and whether or not it requires the part replacements in terms of Hatch door and rear bumper. Will be able to evaluate once i see the car today evening. Will post the pics too.

Also, is the third party claim way mentioned by the insurance person correct?
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Old 7th June 2012, 15:43   #5
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Default Re: Car hit by a Cab belonging to BMTC.Is it worth suing them for third party claim?

Quote:
Originally Posted by sagarpadaki View Post
I cant comment on the amount part because i have not seen the extent of the damage and whether or not it requires the part replacements in terms of Hatch door and rear bumper. Will be able to evaluate once i see the car today evening. Will post the pics too.

Also, is the third party claim way mentioned by the insurance person correct?
Yep, I think that is the procedure.
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Old 7th June 2012, 16:36   #6
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Default Re: Car hit by a BMTC Cab. Is it worth suing them for 3rd party claim?

Can you use your insurance, get the repairs done and then also sue the other guy? Then your insurance company can get its share and you your out of pocket expenses.
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Old 8th June 2012, 10:48   #7
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Default Re: Car hit by a BMTC Cab. Is it worth suing them for 3rd party claim?

UPDATE:

The car does not have much damage.The bumper is dented a bit and the lip of the tailgate has a sharp gash.But no paint has been chipped off the tailgate.Getting it repaired/repainted soon .Hopefully it wont cost much

Thanks everyone

Note from Moderator: Thread closed on request. Thanks

Last edited by .anshuman : 8th June 2012 at 11:02. Reason: Added closure note
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