Go Back   Team-BHP > Buckle Up > Street Experiences


Reply
 
Thread Tools Search this Thread
Old 4th February 2013, 11:24   #16
BHPian
 
revintup's Avatar
 
Join Date: Jun 2011
Location: Kottaym
Posts: 380
Thanked: 241 Times
Default re: My parked Swift VDi smashed by an Innova

Would the 'driver' admit to driving the car if a court case is filed? I mean the owner is tied to the vehicle, but would not the driver try to wash his hands off the whole incident? If this does happen, then the blame would be on the owner and he would go for an out of court settlement.

Meanwhile please try to contact the person who was injured so that you can look into the legal possibilities together. Most probably the owner would pay for the balance of insurance that you would have to fork out.

And get legal help as soon as possible.

Last edited by revintup : 4th February 2013 at 11:25.
revintup is offline   (1) Thanks Reply With Quote
Old 4th February 2013, 11:35   #17
Senior - BHPian
 
Schoudhury's Avatar
 
Join Date: Jan 2010
Location: Blore/Dallas-TX
Posts: 1,068
Thanked: 468 Times
Default re: My parked Swift VDi smashed by an Innova

Oh man , that's really bad.
I think you better file a FIR and then take it forward.
Also i don't see any major plastic part being damaged so i don't think you will have to pay a big amount from your pocket even if you claim insurance yourself and get it fixed .

Cheers
Schoudhury is offline   (1) Thanks Reply With Quote
Old 4th February 2013, 11:49   #18
BHPian
 
carzone's Avatar
 
Join Date: Jun 2012
Location: Mumbai
Posts: 567
Thanked: 256 Times
Default re: My parked Swift VDi smashed by an Innova

That's a very sad thing to happen.
As all the members suggested, filing an FIR and reporting this to police is the way to go.
Let the police decide who has to pay up. Take the statement of the witnesses in front of the police and hand them all the photos you have got.

One question here, what if the innova driver gets his car repaired and claims that he has done nothing. If there were no witnesses, the complaint can not be claimed. Just a thought crossed my mind.

I wish the senior citizen recovers soon and files a strong case against the driver. Wish the owner had shown some courtesy and admitted and asked the driver to surrender.

Do keep us updated.
carzone is offline   (1) Thanks Reply With Quote
Old 4th February 2013, 12:07   #19
BHPian
 
mac187's Avatar
 
Join Date: Apr 2009
Location: Singapore
Posts: 528
Thanked: 305 Times
Default re: My parked Swift VDi smashed by an Innova

Really sad to see your car in such state.

If the Innova owner is acting smart. I would suggest this, first get the police complaint and then file insurance and submit the copy of the compliant. Insurance compaines have their lawyers who would ensure that the bills are covered through the Innova's insurance. If it doesnt have one, they will get the owner to pay.
mac187 is offline   (1) Thanks Reply With Quote
Old 4th February 2013, 12:51   #20
BHPian
 
Nonstop-driver's Avatar
 
Join Date: Jun 2011
Location: Noida
Posts: 396
Thanked: 358 Times
Default re: My parked Swift VDi smashed by an Innova

Even if someone else was driving, it doesn't takes off the accountability and responsibility of the vehicle owner. And as he has admitted that the driver in question didn't knew driving, it may turn into a bigger offence - check if he has got a valid licence. If not, his Insurance Company may deny him any payment and the vehicle owner will have to cough up the entire amount.

File a police complaint and get the witness statement done, including of the senior citizen who was hit. There is no way that the owner shall get away with this.
Nonstop-driver is offline   (1) Thanks Reply With Quote
Old 4th February 2013, 12:56   #21
Senior - BHPian
 
mayankjha1806's Avatar
 
Join Date: Jan 2011
Location: BLR/Gurgaon
Posts: 2,133
Thanked: 817 Times
Default re: My parked Swift VDi smashed by an Innova

This is sad to see, i guess filing a police complaint should be first step, keep the elderly who was hit as part of the FIR so as to give it some weight.

The other question i have is for experts, In this case the person driving the car possibly did not had license hence maybe the owner of the car is responsible.

Take the case of a regular driver driving the car, who has license and everything. Is hired by the owner. Is the owner in such a case also liable for all the damages done to life and property? How can i as an owner safeguard from this? These days i see insurance companies ask who all would be driving the car, so maybe hiring a driver isnt such a safe thing to so?
mayankjha1806 is offline   (1) Thanks Reply With Quote
Old 4th February 2013, 13:13   #22
BHPian
 
PC77's Avatar
 
Join Date: Oct 2012
Location: Bangalore
Posts: 49
Thanked: 77 Times
Default re: My parked Swift VDi smashed by an Innova

Sad to see the state of your swift. Below is what Bangalore Police has to say on this

Q. A driver hit and drove away damaging my vehicle. How do I claim insurance?


A. In case of minor damage and you want to take claim from your own insurance because you have not noted the number of other vehicle or you don't want to persue it, go to the police station, ask for a SHD entry and acknowledgement and it will help you in claiming insurance. In case you want other's insurance to pay for the repairs, get FIR and after the case is charge sheeted, file a claim. But in this case the number of the other vehicle should be known

Below is the link for the same.

http://www.bangaloretrafficpolice.go...id=165&btp=165
PC77 is offline   (3) Thanks Reply With Quote
Old 4th February 2013, 13:14   #23
BHPian
 
Miel's Avatar
 
Join Date: Dec 2011
Location: Bangalore
Posts: 97
Thanked: 99 Times
Default re: My parked Swift VDi smashed by an Innova

My biggest advice Palash, move FAST, before the Innova gets back to its pristine condition and the unscrupulous owner looks at you and asks "Who are you?".

You need to report this to the cops. Team up with the injured senior citizen if you can find him. Also, can you get any witnesses to the incident, to stand by you in front of the cops and the court? Think about it. Please get a legal counsel too.

Like many have stated, all you need to worry about is that DL4CAE 2183 hit your car. Who drove it? Who owns it? For what purpose? These are questions which the cops need to worry about.

Quote:
Originally Posted by palash987 View Post
So much for a car that was immaculately maintained and just 6 months young.
Hey, the car looks like the earlier model Swift. How is it just 6 months young? Maybe it's a typo or maybe you bought it recently but from an older stock. Just asking!

Last edited by Miel : 4th February 2013 at 13:14. Reason: Punctuation
Miel is offline   (1) Thanks Reply With Quote
Old 4th February 2013, 17:12   #24
BHPian
 
Maverick1977's Avatar
 
Join Date: Aug 2007
Location: Mumbai
Posts: 821
Thanked: 245 Times
Default Re: My parked Swift VDi smashed by an Innova

Under the Indian Penal Code, there is a vicarious liability on the owner of a car for all the actions that are carried out by his/her driver. Thus in your case, no way can the owner wash his hands off stating that the accident was done by the driver and thus it is the driver's fault & hence the driver's liability and not his. However there's a slight twist to this (blame the loopholes in the Indian Legal System) because the Innova owner can state that the driver was acting on his own and not according to his instructions which absolves him of the charge.

Consult a good lawyer and see if he can bring the Innova owner under the ambit of Vicarious Liabilities.
Maverick1977 is offline   (1) Thanks Reply With Quote
Old 4th February 2013, 17:13   #25
BHPian
 
Googleman's Avatar
 
Join Date: Aug 2010
Location: Blore/Jmshedpur
Posts: 240
Thanked: 48 Times
Default Re: My parked Swift VDi smashed by an Innova

I guess if he goes to the Police, first question will be asked is "why did you park your car on the road", unless that is a parking Zone with a "Parking" sign board out there.

Also, the senior citizen may have settled the case with the owner already (offline), if there isn't a case registered on the owner's name already.

On the other hand, people continuing to park their cars there after seeing an incident.
Googleman is offline   (1) Thanks Reply With Quote
Old 5th February 2013, 01:24   #26
BHPian
 
palash987's Avatar
 
Join Date: Oct 2012
Location: New Delhi
Posts: 29
Thanked: 19 Times
Default Re: My parked Swift VDi smashed by an Innova

Some More Pictures:

INNOVA DL4CAE 2183 :

My parked Swift VDi smashed by an Innova-img00050201302011800.jpg
My parked Swift VDi smashed by an Innova-img00051201302011801.jpg
My parked Swift VDi smashed by an Innova-img00052201302011801.jpg
My parked Swift VDi smashed by an Innova-img00053201302011801.jpg
My parked Swift VDi smashed by an Innova-img00054201302011801.jpg
My parked Swift VDi smashed by an Innova-img00055201302011801.jpg

HORIZON MODEL SCHOOL D-BLOCK SARASWATI VIHAR DELHI-110034

My parked Swift VDi smashed by an Innova-img00065201302011803.jpg
My parked Swift VDi smashed by an Innova-img00064201302011803.jpg
My parked Swift VDi smashed by an Innova-img00069201302011804.jpg
My parked Swift VDi smashed by an Innova-img00070201302011805.jpg

AMIT KUMAR (EMPLOYED AS A CONDUCTOR IN HORIZON MODEL SCHOOL)

My parked Swift VDi smashed by an Innova-img00071201302012240.jpg
My parked Swift VDi smashed by an Innova-img00072201302012240.jpg
My parked Swift VDi smashed by an Innova-img00074201302012240.jpg
My parked Swift VDi smashed by an Innova-img00075201302012241.jpg
My parked Swift VDi smashed by an Innova-img00076201302012241.jpg
palash987 is offline   (1) Thanks Reply With Quote
Old 5th February 2013, 02:55   #27
BHPian
 
palash987's Avatar
 
Join Date: Oct 2012
Location: New Delhi
Posts: 29
Thanked: 19 Times
Default Re: My parked Swift VDi smashed by an Innova

Quote:
Originally Posted by NMS View Post
Have you so far considered the option of going to the Police for this?
Thanks NMS sir.
We have filed an FIR on Sunday, 03rd february 2013.
Now the owner is not showing up nor he is picking up phone call.

Quote:
Originally Posted by ghodlur View Post
Thats really sad, my sympathies are with you.
First suggest you make an FIR and give all the details to the Police regarding the Innova. You have a very strong case. If the Innova owner still wants to act smart, you can nail him with a court case, he is liable to pay the damages with the TPL liability of his insurance on Innova. Meanwhile intimate your Insurer to send in an Surveyor and get the damages surveyed. Approach the school and let them know of the incident so that they dont employ the services of the Innova to ferry school children.
Thanks ghodlur sir.
We have filed an FIR on Sunday, 03rd february 2013.
The school very well knows the incident.
The owner of the school and the innova are the same.
They have buses to ferry children.

Quote:
Originally Posted by sagarpadaki View Post
2. If the innova owner does not budge , then tell him that you will file a Police complaint against him and get the claim through his third party insurance. If he does not have an insurance then he is in a big soup. He can be arrested.
Thanks sagarpadaki sir.
We have filed an FIR on Sunday, 03rd february 2013.
He (owner) is not ready to settle the case,
Infact he is not showing up too.

Quote:
Originally Posted by ajmat View Post
Since a senior citizen got injured,, both of you together file a case with the police. They will need to take action on this.
Thanks a lot sir.

Quote:
Originally Posted by Dry Ice View Post
I would say file a complaint at your local police station and take it from there. Was the driver who caused this caught on the spot?

One more thing, assuming he is running his own school and all, he might be well connected and will most probably try to get the cops on his side through some or the other trick. Be prepared and don't leave out any holes for him to exploit and slip away, do speak to your lawyer friends on how to handle this better.
Thanks Dry Ice.
We have filed an FIR on Sunday, 03rd february 2013.
No, we were away from home, couldn't catch him on the spot.
Approximately 10-12 people saw the incident and recognized the driver immediately.

Quote:
Originally Posted by Enigmatic View Post
Its sad to see your car in such a state, more so when there was no fault of yours.

Anyways, don't get bogged down because of the same and don't worry the owner of the Innova bearing registration number DL-4CAE-2183 driven by Mr. AMIT KUMAR would have to pay you the entire compensation for your loss.
And here is why :-

Between an employee and an employer there exist a vicarious relationship.
This doctrine is enshrined under Tort Law which imposes responsibility upon one person for the failure of another, with whom the person has a special relationship (such as Parent and Child, employer and employee, or owner of vehicle and driver), to exercise such care as a reasonably prudent person would use under similar circumstances

This is based on the doctrine of Respondeat Superior (Latin for "let the master answer") and qui facit per alium facit per se(he who acts through another is deemed to have acted himself) and is based on the employer-employee relationship. The doctrine makes the employer responsible for a lack of care on the part of an employee in relation to those to whom the employer owes a duty of care.

Hence the owner of the Innova will have to pay up the damages, such incidents happen but what you need to remember is stay strong and do not let the person who owns a school over power you or else you would be taken for a ride.

Sorry im in a bit of hurry hence cannot write about the hit and run part, will update you on the same later. It is essential you bring up that as well because it helps in establishing a mind-frame of the driver and hence helps prove malice and negligence.
Thanks a ton sir.
Glad to have you here.
Kindly update the Hit and Run part too.
Specially, because:
The owner is of the wording "Do whatever you can, i will not owe up the responsibility nor i will compensate for the damages. Get your work done with your insurance or your own money."
Now he is not showing up too.

Quote:
Originally Posted by deepakchiniwal View Post
Set the innova on fire and ask him to claim from his insurance. Since it was fire that caused the incident, you are not responsible for it. Isn't that logic?.
File a complaint.
Thanks deepakchiniwal sir.
We have filed an FIR on Sunday, 03rd february 2013.

Quote:
Originally Posted by aaggoswami View Post
I have faced almost similar situation when a builder/contractor took land which was for ring road, started construction of a commercial multistorey building, is still harassing us and has broken our Innova's rear windshield. The damage of Rs. 10000 was burnt we bore, he payed just rs. 3500. Did not have any energy to fight these scum of the earth sort of people.

Understanding your situation, the car is much more damaged. Once in workshop, the bill will be atleast in mid 5 figures with labor and all. If your car was parked parallel to wall, then it has taken a serious hit as the rear end is now out as compared to front.

Tell Owner of Innova that if he is not ready to pay the entire amount, you will file a legal complaint and then also use RTI to know what exactly is status of case. Be polite, but stay firm. Driving a vehicle which is as good as 1.7T 15 feel long moving mass on wheels, things should be more strict on schools' front. What if he was carrying kids and fell off a bridge while traveling ?

IMO, why should you claim insurance if its not your fault ? If the dealership is ready to give in writing that the monocoque of the car is significantly affected, push for the price of a new car. Dont let the dealer know who hit the car. The dealer might be connected with Innova owner.
Thanks a lot sir.
Sorry to hear about the damage.
My car was parked parallel to wall and after the incident it was smashed INTO the wall making the rear go out.
The car is not in a state to move. It would be towed.

On the Insurance part :
The same thought that crossed my mind.

Quote:
Originally Posted by Sommos View Post
First submit a police complain, it will anyway be needed for your insurance claim also.
Thanks Sommos sir.
We have filed an FIR on Sunday, 03rd february 2013.

Quote:
Originally Posted by gemi_kk View Post
Please note that you would be responsible for your deeds. iF you take it with Govt officials, then you may have to wait. Patience + Time + Bribing (if reqd) - Mental peace. If you are ready to take it up, Please go ahead. Teach the idiot a Lesson.

Please do update us on whats your next step. If possible, you would get some good advice from fellow Bhpians.
Thanks gemi_kk sir.
Very true indeed.

Will update regularly.

Quote:
Originally Posted by manolin View Post
Simply put, owner of a car is responsible for damages caused by car - so long as the car was not stolen. Go ahead and file a police compliant - which you will need to claim third party insurance from the Innova's insurer.
if he wants to settle then he will tell you right then (get a maruti dealer to check your car, and give estimate - and ideally take money in advance based on that estimate - with the threat of filing police compliant).

Talk to your insurance agent - he will tell you the procedure for filing police compliant and how to process third party insurance claims.
Thanks manolin sir.
We have filed an FIR on Sunday, 03rd february 2013.
The owner is not ready to take up the responsibility for the accident.
It seems he does not want to settle the case.

Quote:
Originally Posted by speedmiester View Post
The owner of the car is responsible for any damages resulting from any accident. It does not matter if his car was stolen or taking away by force, the owner is always responsible.
Please file a complaint and make the owner of the Innova as a party to the accident. You can see him coming running to your doorsteps.

It would be better if you could get him to pay the no claim bonus and the extra money you have to shell out after getting the car repaired through Insurance.
Thanks speedmiester sir.
We have filed an FIR on Sunday, 03rd february 2013.

Quote:
Originally Posted by MetalBuff View Post
The Swift has definitely taken a bad hit. You, indeed must be feeling very helpless to see your beloved car in this condition. To add to it, the frustration due to the Innova owner not co-operating and owning up to this fault of his :(

Still wondering how he had the audacity to refuse paying up for this! He being the owner HAS to take this up on himself.

This is the very sole reason why we ensure that all paper work is correctly done and the necessary documents are forwarded to the concerned RTO, when selling a vehicle. So, even if the new owner doesn't follow the protocol of registering the vehicle in his name, we have done the needful from our end. That gives us the shield to move away from any untoward activities the car may see in the future.

As long as the vehicle is registered in someone's name, he IS bound to get summoned by the law if, the vehicle has participated in illegal affairs. No excuses!

-Shivang Gandotra
Thanks shivang.
Yes, feeling very sad primarily because the car has been damaged very very badly. I don't know if after the repair work it would be same as before.
The car has full paperwork, all legal with comprehensive insurance.

For paperwork and documents part:
Precaution is always better than cure.

Quote:
Originally Posted by Tejas@perioimpl View Post
Do the following:
- Keep the numbers of the eye witnesses. If possible, ask them to write down their statements in front of a magistrate.
- Take pictures of the damaged innova.
Will help you in your case.
Thanks tejas sir.
1) Will get it done.
2) Took the pictures.

Quote:
Originally Posted by revintup View Post

Meanwhile please try to contact the person who was injured so that you can look into the legal possibilities together. Most probably the owner would pay for the balance of insurance that you would have to fork out.

And get legal help as soon as possible.
Thanks revintup sir.

Quote:
Originally Posted by Schoudhury View Post
Oh man , that's really bad.
I think you better file a FIR and then take it forward.
Also i don't see any major plastic part being damaged so i don't think you will have to pay a big amount from your pocket even if you claim insurance yourself and get it fixed .
Thanks Schoudhury sir.
We have filed an FIR on Sunday, 03rd february 2013.


Quote:
Originally Posted by carzone View Post
filing an FIR and reporting this to police is the way to go.
Let the police decide who has to pay up. Take the statement of the witnesses in front of the police and hand them all the photos you have got.

One question here, what if the innova driver gets his car repaired and claims that he has done nothing. If there were no witnesses, the complaint can not be claimed. Just a thought crossed my mind.

I wish the senior citizen recovers soon and files a strong case against the driver. Wish the owner had shown some courtesy and admitted and asked the driver to surrender.

Do keep us updated.
Thanks carzone
We have filed an FIR on Sunday, 03rd february 2013.
Approximately 10-12 people saw the incident first hand.
Senior citizen doesn't wish to take up the hassles of the legal formalities.
The owner is completely ignorant as if nothing has happened.
We got hold of the driver on Friday, 01 February 2013,

Firstly, the driver tried to dodge us but soon he surrendered.

Will regularly update.

Quote:
Originally Posted by mac187 View Post
If the Innova owner is acting smart. I would suggest this, first get the police complaint and then file insurance and submit the copy of the compliant. Insurance compaines have their lawyers who would ensure that the bills are covered through the Innova's insurance. If it doesnt have one, they will get the owner to pay.
Thanks mac187 sir.
We have filed an FIR on Sunday, 03rd february 2013.
That's quite interesting.

Quote:
Originally Posted by Nonstop-driver View Post
Even if someone else was driving, it doesn't takes off the accountability and responsibility of the vehicle owner. And as he has admitted that the driver in question didn't knew driving, it may turn into a bigger offence - check if he has got a valid licence. If not, his Insurance Company may deny him any payment and the vehicle owner will have to cough up the entire amount.

File a police complaint and get the witness statement done, including of the senior citizen who was hit. There is no way that the owner shall get away with this.
Thanks Nonstop-driver
The owner is acting up very smart though.
Amit kumar has a driving license (he himself told us) but according to owner he (amit kumar) doesn't know how to drive.
We have filed an FIR on Sunday, 03rd february 2013.

Quote:
Originally Posted by mayankjha1806 View Post
This is sad to see, i guess filing a police complaint should be first step, keep the elderly who was hit as part of the FIR so as to give it some weight.

The other question i have is for experts, In this case the person driving the car possibly did not had license hence maybe the owner of the car is responsible.
Thanks mayank sir.
We have filed an FIR on Sunday, 03rd february 2013.
The person driving the car i.e "Amit kumar" has a driving license (he himself told us).

Quote:
Originally Posted by PC77 View Post
Below is what Bangalore Police has to say on this
Thanks PC77 sir.
We have all the details
car number, residence of the owner, person driving the car,
and photographs too.
palash987 is offline   (3) Thanks Reply With Quote
Old 5th February 2013, 07:14   #28
Senior - BHPian
 
HammerHead's Avatar
 
Join Date: Oct 2009
Location: Goan in Pune
Posts: 1,093
Thanked: 210 Times
Default Re: My parked Swift VDi smashed by an Innova

Sad to here about the incident Palash.
I don't think posting drivers photos here is a good idea.

Mods may decide.
HammerHead is offline   (1) Thanks Reply With Quote
Old 5th February 2013, 07:27   #29
NMS
BHPian
 
Join Date: Jul 2012
Location: Pune
Posts: 131
Thanked: 54 Times
Default Re: My parked Swift VDi smashed by an Innova

Quote:
Originally Posted by palash987 View Post
Now the owner is not showing up nor he is picking up phone call.
Well in that case it just adds more weight to your case. When you say he is not answering his phone, who is trying to call him? Police or you? I would suggest you only be in touch with the Police and follow up only with them.
Has the Innova been impounded ? AFAIK that's how it should be done. Gurus might be able to comment better on this.
NMS is offline   (1) Thanks Reply With Quote
Old 5th February 2013, 07:49   #30
BHPian
 
Join Date: Aug 2011
Location: Bangalore
Posts: 92
Thanked: 36 Times
Default Re: My parked Swift VDi smashed by an Innova

I feel as if it happened to my own car, I own a swift too.
Please take phone numbers of the eye witness. If you lodge a complaint, you can get support from them.
Please lodge a complaint asap as others mentioned and everything will be taken care by cops.
Naturalist is offline   (1) Thanks Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search


Similar Threads
Thread Thread Starter Forum Replies Last Post
Drunk Doctor bangs into parked Swift. Advice needed frankmehta Street Experiences 60 15th December 2011 11:30
My ka Laal: Swift - Oye VDi, VDi Oye! - 12 months, 29.3k km UPDATE phamilyman Long-Term Ownership Reviews 89 7th May 2010 17:13
Biker Smashed Orvm Of My Car ASHISHPALLOD Street Experiences 17 22nd August 2008 12:19
Swift VDI or Getz GLX-6L Budget EDIT: Bought VDI agm Hatchbacks 29 11th April 2008 22:56
Lancer smashed.... karthik247 Street Experiences 97 14th November 2006 11:18


All times are GMT +5.5. The time now is 02:36.

Copyright 2000 - 2017, Team-BHP.com
Proudly powered by E2E Networks