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Old 11th July 2012, 16:09   #16
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Default re: Car hit by a drunk driver. Now what?

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Originally Posted by srishiva View Post
If insurance companies could get the other's insurer to pay !

I think you need to file a case (go to court etc) to get the money from other's insurer.
When your vehicle is damaged in an accident with another car, you have the option to file a claim either with your own insurance company, if you have the appropriate coverages (a "first party" claim), or with the insurer for the owner of the other car (a "third party" claim).

If you file a third party claim, the other driver's insurer will only pay for damages to your vehicle to the extent that their insured was legally responsible. In some instances, this may not be enough to reimburse you for the full amount of your loss.
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Old 11th July 2012, 17:03   #17
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Default re: Car hit by a drunk driver. Now what?

If you prove that he was drunk at the time of accident, his insurance will not pay for your damages. Whatever amount is decided by court would be recovered from him, not his insurer.
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Old 12th July 2012, 16:50   #18
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Default re: Car hit by a drunk driver. Now what?

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Originally Posted by srishiva View Post
If insurance companies could get the other's insurer to pay !

I think you need to file a case (go to court etc) to get the money from other's insurer.

True, the courst case HASSLE is a must and should in india to get the compensation from the other party using his third party insurance.!


I remember one incident in germany which happened to my dad's friend in germany. He was waiting at a signal and another car rear ended him. The other driver accepted his mistake.Dad's friend and the guy who rear ended talked to the insurance company.After a couple of days , the offender's insurance company called dad's friend up asking him whether he wanted a compensation by bank transfer or cheque. He said cash and the amount was transferred to his bank account in 24 hours! So much convinience! so much peace of mind! ANd this was back in 1997-98

But no, in india , its your duty to get harrased,its your duty to struggle, its your duty to lose your peace of mind, its your duty to get angry, its your duty to get frustrated!!Its your duty to waaaaaaaaaaaiiiiiittttt(nissan sunny way) Even after performing all these duties there is no assurance that you will get a satisfied ending!
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Old 12th July 2012, 17:09   #19
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Default re: Car hit by a drunk driver. Now what?

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Originally Posted by sagarpadaki View Post

I remember one incident in germany which happened to my dad's friend in germany. He was waiting at a signal and another car rear ended him. The other driver accepted his mistake.
I agree with your whole post.
The key line is in bold above.

IF you are rear ended. And if the driver accepts his error. If he informs his insurance company, the legal authorities that it was his mistake. IF he chooses to convenience you.

You will get insurance money easily. Insurance companies are not always out to cheat you. In fact the very same companies (ING, Allianz etc) are the very same companies that are used to doling out money in accident cases in Europe.

Cases like the one you mentioned happen often in Europe. Europe, especially Germany is a country where silent teamwork is key. By silent teamwork, I mean a regard for all drivers, pedestrians and rules and roads in general.The person who caused an accident will own up for it and his insurance will pay for it.
Germans are notorious for having everything insured, insurance is their way of life.

They rely on insurance and use it appropriately.

Often if someone has rear ended or dinged a parked car, he will leave a note of apology and his telephone number under the wiper. I have seen this with my own eyes.

Sadly in India, we only insure because we are obliged to, or because we are afraid that someday we will have to spend a lot of money from our own pocket.

The law of the jungle exists for all else.
  • Nobody saw me. Chorh na, apna kya jaata hai.
  • I am in a hurry. I have to get to work, who wants to get into this hassle ya?
  • Not my problem. Jiska problem woh jaane.
  • You don't know who I am Boss! I am very important and you cannot do anything to me.
  • My insurance premium will go up unnecessarily. When I can save my own 1000 rupees, why should I care if someone else loses 25000 rupees?
Anyway, you just touched a nerve so I took off, lol. Sorry about that.
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Old 12th July 2012, 18:52   #20
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Default re: Car hit by a drunk driver. Now what?

Even if the person accepts the fault, we don't have a seamless way of insurance companies transferring between themselves without going to court, right?

Abroad, you don't need to involve the Police at all and still the insurance companies have no problem dealing with issues.
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Old 12th July 2012, 22:00   #21
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Default re: Car hit by a drunk driver. Now what?

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Originally Posted by Sam Kapasi View Post
In fact the very same companies (ING, Allianz etc) are the very same companies that are used to doling out money in accident cases in Europe.
Very true about all that you said Sam, but these very same companies (not just the ones you quoted and not just the insurance companies) have a different set of norms they practice when they operate in India, due mainly to the same "behavioral differences' that you explained exists here. Every pice counts even if it will make another person to spend a thousand bucks.
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Old 12th July 2012, 22:46   #22
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Default re: Car hit by a drunk driver. Now what?

It also boils down to the fact that insurance in India can be procured rather easily. When one buys a car here they spend a fraction of the car's cost on insurance.

Elsewhere, the agents do a thorough analysis of your bio-data i.e. DOB, car and accident history, etc before they give you the insurance. They go about the whole process methodically and charge you with a premium if they deem it to be fit.

Here, it's simple. You've got some paperwork to read and sign. And voila, it's ready! Unfortunately, insurance isn't a big deal in India, as it is everywhere else. You'd often find people riding and driving on the streets without adequate insurance.

Anyway, Sam is absolutely right.

I have noticed a few times - people who write a note with their number in it and leave it under the wiper, if they've dinged another car. Right here in Indiranagar, Bangalore. I've noticed it in Jayanagar too. Times are changin' eh?
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Old 12th July 2012, 22:49   #23
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Default re: Car hit by a drunk driver. Now what?

Sorry to read about the incident. I am not sure what steps you are contemplating but our laws need a drunken person to be tested for alchohol in his blood within three hours of the incident happening. At that point of time if that fellow has not been subjected to such a test, it will be impossible to prove that he was drunk. This is the reason drunk drivers flee from the scene and report later when no one is able to prove he was drunk.
This is true for any incident related to drunkenness. Be it any other criminal act, where the drunken alleged criminal as to be prosecuted, the same law applies.
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Old 12th July 2012, 23:17   #24
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Default re: Car hit by a drunk driver. Now what?

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Originally Posted by suhaas307 View Post
Here, it's simple. You've got some paperwork to read and sign. And voila, it's ready! Unfortunately, insurance isn't a big deal in India, as it is everywhere else. You'd often find people riding and driving on the streets without adequate insurance.
Absolutely right. What has stopped these companies from carrying out the same stringent measures of verifying the driver, his/her age, his/her past records and fix a suitable premium ? They just cannot compete, that is why. When you are in India, be an Indian seems to be the right philosophy.

Insurance is now available online too, just key in the required fields and pay the quoted premium and off you go, they always know they can catch you at the time of settlement.
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Old 12th July 2012, 23:29   #25
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Default re: Car hit by a drunk driver. Now what?

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Originally Posted by esteem_lover View Post
Absolutely right. What has stopped these companies from carrying out the same stringent measures of verifying the driver, his/her age, his/her past records and fix a suitable premium ? They just cannot compete, that is why. When you are in India, be an Indian seems to be the right philosophy.

Insurance is now available online too, just key in the required fields and pay the quoted premium and off you go, they always know they can catch you at the time of settlement.
It's as easy as getting a drivers'-licence. You need money and a working pen (optional)

In fact, getting vehicle insurance elsewhere is mandatory. (not just in the eyes of the law) Or else you're in a stolen car or a car that's just not fit for the road and can be flagged down by the local 5-O

Anyway, this shouldn't be turned into a debate on insurance policies. Let's stick to the topic people.

Last edited by suhaas307 : 13th July 2012 at 02:49. Reason: added text to avoid misinterpretation :)
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Old 17th July 2012, 22:58   #26
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Originally Posted by marutiblr View Post
your help.
Sir, what action did you take on the drunken driver.
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Old 19th July 2012, 14:56   #27
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Default Re: Car hit by a drunk driver. Now what?

A friend was hit by another car, damaging his front right fender and causing him eye damage. The other party ran. He was able(!) to make an FIR, being an IAS officer.*

There was no progress. He called the police chief. The perpetrator was traced. He refused to pay ( he was a big shot too!). One more call was made to police big honcho. The man paid for car and medical expenses.

Moral of the story

Join the IAS!

The alternative for the common man? Read my last post, where I describe how the cops harass both parties, threatening to fault the CARS, and impounding both cars for months!
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Old 19th July 2012, 19:43   #28
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Default Re: Car hit by a drunk driver. Now what?

File an FIR and Wait for the court hearing.

I met with an accident nearly and hear and a half back and am still waiting to hear from court. The accident was not my fault. I was waiting at a signal during the wee hours and a bolero pick-up rear ended me.

I filed my insurance and got my car repaired. I was told that I need to wait for court judgement to claim 3rd party repair from bolero's insurance.

My suggestion - file an FIR and wait for a court hearing. in the meanwhile, use your insurance to repair yor car.
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Old 24th July 2012, 21:34   #29
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Default Re: Car hit by a drunk driver. Now what?

My car got hit by a tempo traveller in the evening yesterday near St. Josephs College, Shantinagar. It was a SRS Travels cab, probably on official duty to drop off its employees, not sure which company.

The cab stood on my right hand side while he too waited for the signal to turn green. But I didn't understand his urgency, as the signal turned green, the driver veered completely from right to left damaging the front bumper, side mirror, leaving a dent on the fender and some paint from the TT on my car's surface.

He sped away, didn't bother to stop and talk. I tried to follow and catch him, but some how the traffic was so bad on that stretch that I eventually lost him. I somehow noted down the vehicle number (KA01 D 2493) and I visited the SRS Travels office in Kalasipalya to complain about the incident. However the people there refused to take responsibility, denied to offer help even in tracing the driver's details.

I have lodged a claim with my insurance company now, the car is at the Hyundai A.S.S, the body shop manager has quoted 10k to replace the fender and paint the mirror and bumper.

Is there no way I could get the compensation from SRS Travels or the cab driver. Having only the vehicle number is not proving to be of any help.
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