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Old 20th February 2013, 11:42   #46
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Default Re: My parked Swift VDi smashed by an Innova

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Originally Posted by palash987 View Post
uncle used his sources.
Our insurance company is paying for the repair and a partly sum is being paid by him.Despite no fault of ours, we are losing out NCB as well as our premium would increase.We are to bear the loss on this front too.
Hello Palash,

Finally some good news from your side.

Good to know that that Innova owner finally accepted his responsibility & agreed to pay the balance amount. Ideally he should have morally accepted this in the first place without use of any "sources".

Yes. you will lose your No Claim Bonus on the Insurance policy next year & Car's insurance premium will increase. You may try to get this reimbursed this from the Innova, if possible.

But my friend, though I might sound negative, but this remains a bitter truth here. Due limited supply of parking place & practically unlimited supply of Cars, we are forced to park our cars on public roads & open to dangers like this.

Anyways, my only suggestion at this stage will be to make sure that the Maruti Authorized service station repairs your Car as good as it was new.

Thanks,
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Old 21st February 2013, 23:06   #47
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Default Re: My parked Swift VDi smashed by an Innova

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Originally Posted by mac187 View Post
Is the same guy (Amit) ferrying the kids? If he can't drive how can the lives of kids be risked like this?
Thanks a lot sir.
Sorry could not see past the windshield since the car (innova) hurried up.
It is still not known if "Amit" can drive or not as owner says he didn't know while Amit told us he has a driving license.


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Originally Posted by pganapathy View Post
Good luck with the whole case
Thanks a lot Sir.

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Originally Posted by Jignesh View Post
Good to see that your car was towed to service station professionally & I believe there was no further damage to the Car.
Do let us know the lastest situation in dealing with service center, insurance company, police & owner of Innova.
Thanks a lot Jignesh Sir.
The car reached bodyshop as it is with no further damage.
Will update Regularly.

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Originally Posted by k2max6 View Post
Innova is already breaking the laws by ferrying school children.
Thanks a lot Sir.
Indeed, the innova owner is breaking many laws and still had the courage to not to budge until my uncle used his sources.

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Originally Posted by Jignesh View Post
Anyways, my only suggestion at this stage will be to make sure that the Maruti Authorized service station repairs your Car as good as it was new.
Thanks,
Thanks a lot Jignesh Sir.
Fingers Crossed.
Hope, it drives as well as before.
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Old 24th February 2013, 21:41   #48
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Default Re: My parked Swift VDi smashed by an Innova

Good for you that you managed to extract some money from the Innova owner. Technically he could have got away not paying a single penny to you. Your insurance is supposed to cover any kind of accident damage to your car, and you must claim insurance. Trying to extract money from the other party because your no claim bonus will expire is wrong and illegal. Had the Innova owner filed a police extortion complaint, you may have been in some trouble.
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Old 25th February 2013, 10:17   #49
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Default Re: My parked Swift VDi smashed by an Innova

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Originally Posted by apachelongbow View Post
Good for you that you managed to extract some money from the Innova owner. Technically he could have got away not paying a single penny to you. Your insurance is supposed to cover any kind of accident damage to your car, and you must claim insurance. Trying to extract money from the other party because your no claim bonus will expire is wrong and illegal. Had the Innova owner filed a police extortion complaint, you may have been in some trouble.
Correct me if I am wrong.
Should it not be the 3rd Party cover of the Innova that should cover for the damage?
I work with a UK Insurer and in UK/US, if you are in a crash, the person causing the crash shares the insurance details with the victim and the victim then gets the ride repaired at a specified garage as mentioned by the Insurer.
The Indian Way is basically of a spot settlement. In this case, when a cash settlement is done, the faulty party can get a acknowledgement note from the victim and claim it for his 3rd party cover.
As we love cutting our corners and choosing the 'chota short cut' ways, the spot settlement is the quickest solution. Moreover, by doing so, we also avoid the added taxation which comes as a part of the claim settlement.

So, in case of a an accident, the faulty parties' insurance should cover the damages rather than your insurance. If you recall, in most claims that we make in India against our insurance, we never mention the details of the faulty party e.g. the auto hit my car and ran away etc. and hence very difficult to trace.

Last edited by aqualeo2040 : 25th February 2013 at 10:21. Reason: additional details
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Old 25th February 2013, 19:35   #50
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Default Re: My parked Swift VDi smashed by an Innova

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Originally Posted by aqualeo2040 View Post
Correct me if I am wrong.
Should it not be the 3rd Party cover of the Innova that should cover for the damage?
I work with a UK Insurer and in UK/US, if you are in a crash, the person causing the crash shares the insurance details with the victim and the victim then gets the ride repaired at a specified garage as mentioned by the Insurer.
The Indian Way is basically of a spot settlement. In this case, when a cash settlement is done, the faulty party can get a acknowledgement note from the victim and claim it for his 3rd party cover.
As we love cutting our corners and choosing the 'chota short cut' ways, the spot settlement is the quickest solution. Moreover, by doing so, we also avoid the added taxation which comes as a part of the claim settlement.

So, in case of a an accident, the faulty parties' insurance should cover the damages rather than your insurance. If you recall, in most claims that we make in India against our insurance, we never mention the details of the faulty party e.g. the auto hit my car and ran away etc. and hence very difficult to trace.
In UK/USA or even UAE the vehicles are not moved until the police come in, the police then decide who is at fault and unto what extent. This decision is binding and taken for insurance settlement. Try incorporating that process here. Since its next to impossible, hence the law states that parties claim from their respective insurance. In case of any death, injury or disability arising from the accident, will the third party insurance step in and pay off the injured party.

There is also one more process which involves the claiming party, file an FIR, mentioning the accident, the details of the other party, then leave his vehicle in police custody until the insurance tribunal/court decide the case, decide the extant of liability and ask the respective insurance company to pay up.

Cash settlement if mututally performed are outside the scope of law, and if extorted is plain illegal, and subject to action by the law. Hope this clarifies.
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Old 25th February 2013, 20:52   #51
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Default Re: My parked Swift VDi smashed by an Innova

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Originally Posted by apachelongbow View Post
There is also one more process which involves the claiming party, file an FIR, mentioning the accident, the details of the other party, then leave his vehicle in police custody until the insurance tribunal/court decide the case, decide the extant of liability and ask the respective insurance company to pay up.

Cash settlement if mututally performed are outside the scope of law, and if extorted is plain illegal, and subject to action by the law. Hope this clarifies.
Thanks for that.
I have been in that FIR/Cop scenario once when I helped out a friend. The cops also said the same.

If the settlement is via a promisory note/cheque, in that case, I do not think would be a illegal action, would it?

Also, if the IRDA advises people to claim 1st party insurance in case of any accident, why is there no facility to waive off the NCB loss in such claims cases? I mean, we have quite a few of us here who have been victims of 'morons' on road and we go ahead and get our rides repaired claiming our own insurance and then as an insult to the injury, also loose out on the NCB!
So, if one of us files a PIL against that law which states such, we can change the rules?

On another note, what evidence could be presented & is admissible for a case of extortion?

Apologies for too many queries.

I hope this discussion is not going OT since its just to clarify the various options one might have while in an accident.
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Old 26th February 2013, 00:47   #52
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Default Re: My parked Swift VDi smashed by an Innova

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Originally Posted by aqualeo2040 View Post
Thanks for that.
I have been in that FIR/Cop scenario once when I helped out a friend. The cops also said the same.

If the settlement is via a promisory note/cheque, in that case, I do not think would be a illegal action, would it?

Also, if the IRDA advises people to claim 1st party insurance in case of any accident, why is there no facility to waive off the NCB loss in such claims cases? I mean, we have quite a few of us here who have been victims of 'morons' on road and we go ahead and get our rides repaired claiming our own insurance and then as an insult to the injury, also loose out on the NCB!
So, if one of us files a PIL against that law which states such, we can change the rules?

On another note, what evidence could be presented & is admissible for a case of extortion?

Apologies for too many queries.

I hope this discussion is not going OT since its just to clarify the various options one might have while in an accident.
No issues my friend, sharing knowledge is the purpose of this forum. Settlement however, is between two parties, is mutual and should not cause any issues.

Regarding no claim bonus, the name suggests the purpose, its the little reward insurance companies pay to us for not claiming insurance i.e helping them make profits due to our premiums. If we claim insurance (due to who so ever's mistake) how do we expect the company to honor a no claim bonus?

Regarding proving extortion, a simple complaint to the local police station would set things right in most of the cases, after all common man who is claiming damages is not a seasoned goonda to actually extort money!!!
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Old 12th March 2013, 15:29   #53
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Default Re: My parked Swift VDi smashed by an Innova

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Originally Posted by apachelongbow View Post
...Technically he could have got away not paying a single penny to you. Your insurance is supposed to cover any kind of accident damage to your car, and you must claim insurance...
Quote:
Originally Posted by apachelongbow View Post
... the law states that parties claim from their respective insurance. In case of any death, injury or disability arising from the accident, will the third party insurance step in and pay off the injured party..
I would beg to differ to the above two statement here.. as per definition,
Quote:
A third party insurance policy is a policy under which the insurance company agrees to indemnify the insured person, if he is sued or held legally liable for injuries or damage done to a third party
And per above, it is very much in the law to claim for damages to the car. Of course claiming under Third Party Insurance has a process whereby the person claiming has to file an FIR with the police and obtaining a charge sheet. After this, a case has to be filed in a special court, the Motor Accident Claims Tribunal having jurisdiction over the area of accident. Civil courts cannot decide road accident compensation claims. Nowhere does it means that the Police will impound the vehicle till the Tribunal passes it's order. Just the surveyor's report, original bills and motor vehicle inspection report are required to quantify the loss in the MACT.

Yes the above is lengthy process and given the condition of courts/tribunals in India, it quite often takes much time and people prefer less hassle by making an out of court agreement if possible and claiming out of their own insurance.

This is just to reiterate that the provisions are there and if one follows it, the route does works (may take a tough test of your patience though).

Came across this article in Business Today which states that it is difficult, given the slow and complex process. But then we all know, Third Party Insurance is mandatory and it has to cater to such losses.
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Old 12th March 2013, 19:47   #54
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Default Re: My parked Swift VDi smashed by an Innova

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Originally Posted by Nonstop-driver View Post
I would beg to differ to the above two statement here.. as per definition,

Yes the above is lengthy process and given the condition of courts/tribunals in India, it quite often takes much time and people prefer less hassle by making an out of court agreement if possible and claiming out of their own insurance.

This is just to reiterate that the provisions are there and if one follows it, the route does works (may take a tough test of your patience though).
Best of luck if someone wants to waste a few years in claiming third party. What i clearly said is extorting money from the other party for your vehicle damages is against the law. Please go ahead and claim third party if you want to, but dont try and force the other chap into paying you cash just because you are about to lose your no claim, no matter if its the other chap's fault.
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Old 14th March 2013, 11:54   #55
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Default Re: My parked Swift VDi smashed by an Innova

The compromises that we get into are the root cause of the problem, the vehicle driver caused a series of accidents, the colony association should have been complained and then an FIR from your side and follow it up rigorously.
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