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Old 6th May 2016, 14:11   #601
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Default Re: What if FIR is not the best option to deal with an accident ?

If there is no injury or loss of life, and if your papers are in order, the best way is to ask him to file an FIR. Normally it takes 20 years to get claim settlement.
Also keep in mind that even if you settle out-of-court, he can still file a case within 6 months saying "Now I have a head-ache, my doctor says it's most probably the result of the last accident.."
Road accident cases never come in the way of your visa or travel, according to 'experienced' sources.

Last edited by jinojohnt : 6th May 2016 at 14:13.
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Old 6th May 2016, 14:17   #602
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Default Re: What if FIR is not the best option to deal with an accident ?

Did your friend check whether the driver / cab's papers are in order? The driver may also be reluctant in filing an FIR.
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Old 6th May 2016, 14:28   #603
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Default Re: What if FIR is not the best option to deal with an accident ?

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Originally Posted by jinojohnt View Post
Also keep in mind that even if you settle out-of-court, he can still file a case within 6 months saying "Now I have a head-ache, my doctor says it's most probably the result of the last accident.."
Road accident cases never come in the way of your visa or travel, according to 'experienced' sources.
Thank you and I completed agree to the part where he can put a case even after getting the money.

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Originally Posted by bharat4ever View Post
Did your friend check whether the driver / cab's papers are in order? The driver may also be reluctant in filing an FIR.
Its a new vehicle and all the papers are in place. I just talked to my friend and driver is now don't want to go via case as that may delay the whole fixing of vehicle. He wish to get money from my friend and repair the vehicle. My friend is currently looking for an advocate to have a discussion and way forward.
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Old 6th May 2016, 14:51   #604
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I think if he is not ready to file an fir then one should go to the police station and get a GD ( General Diary) done. Where in the details of the accident & effected parties are mentioned in it. If the taxi guy agrees to claim from the insurance then this GD is sufficient to claim insurance for him & as well as you.
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Old 6th May 2016, 15:03   #605
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Default Re: What if FIR is not the best option to deal with an accident ?

Now that he has stopped playing tricks, this is what I would do, if I were in your place:
Option1: Tell him to go for a case. Don't pay a single paisa. That's why you have 3rd party insurance.
Option2: Ask him to claim from his insurance. Even police report is not needed (lot of people claim insurance claiming 'hit a wall'). His losing No-Claim-Bonus is his head-ache, not yours. If he doesn't want to lose NCB, ask him to go for Option1.

I don't think you should show leniency, considering that he asked for 4000 Rs daily allowance.
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Old 6th May 2016, 15:04   #606
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Default Re: What if FIR is not the best option to deal with an accident ?

Just share your insurance details and move on. It is the best answer for this high headedness of the other party. Legally your friend is not liable to pay a penny iff his insurance is valid. This has to be taken care by the third party liability of his motor premium. Story of resale going for a toss is a laughable excuse and is not the headache of your friend. Just don't budge from your stand. At the most, ask him to claim his insurance and your friend pays the differential amount of repair.

Another thing that I fail to understand that if it was the fault of the Innova for whom the Etios braked hard and got rear ended by your friend, why did your friend have to take the blame on him? Was the accident avoidable by all means and somehow your friend couldn't brake in time and caused it?

Regards.
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Old 6th May 2016, 15:15   #607
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Default Re: What if FIR is not the best option to deal with an accident ?

Quote:
Originally Posted by Drive&Smile View Post
Thank you Mayank.

Yes he has insurance covered and he is ready to pay the balance from the insurance claim as well. So it means that if he disagrees to go via our of court settlement, an advocate needs to be hired and take this further in court. Any idea how long does it take to clear any of such cases ?
First thing, speak to some people and find out about any correlation between your friends visa and a traffic accident case.

Tell the guy to take it to court. Do not offer him money first.
If he then says that you may pay the balance on a claim, then give him the money. In cash.
Both cars will be seized. If you have a lawyer friend, he can get your car out in the same hour.
In fact, you should try and guage the other guy. If he is insisting on money, you shoul not be hearing from him if you tell him to sit on a pointy object and wash your hands off the entire thing.
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Old 6th May 2016, 15:20   #608
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Default Re: What if FIR is not the best option to deal with an accident ?

This is what one buys insurance for.

Inform the accident location's jurisdictional police station (they'll either make a General Diary entry or file an FIR, based on the situation), provide the other party with insurance details and move on. There's no need to get bullied into paying money to unscrupulous idiots, and once began the cycle probably won't end at the first 'settlement'. It's also possible the guy only has the mandatory third-party insurance so pushing hard for your friend to bear expenses his own insurance obviously won't pay.

Do the correct legal thing and stop worrying.

P.S. If you're concerned about the other party being anti-social, take care not to share any personal details while providing insurance documentation (policy mentions your postal address etc.).

Last edited by Chetan_Rao : 6th May 2016 at 15:24.
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Old 6th May 2016, 15:31   #609
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Default Re: What if FIR is not the best option to deal with an accident ?

No need to pay out of your pocket at all.

Tell him to get it claimed via his insurance and be satisfied. if he wants more, then let there be FIR. Get a lawyer on board, who will get your car released from court. And then its a case of court hearing which your car insurance company will handle. You donot need to worry at all.

However, as others mentioned, get this entered in a General Diary of the concerned police station.

If he harasses you, tell him you will file a complaint with police on harassment, car is an object which has insurance for this thing only, its damaged and get it repaired via insurance.
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Old 6th May 2016, 15:57   #610
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Default Re: What if FIR is not the best option to deal with an accident ?

Quote:
Originally Posted by vdm295 View Post
I think if he is not ready to file an fir then one should go to the police station and get a GD ( General Diary) done. Where in the details of the accident & effected parties are mentioned in it. If the taxi guy agrees to claim from the insurance then this GD is sufficient to claim insurance for him & as well as you.
Quote:
Originally Posted by jinojohnt View Post
Now that he has stopped playing tricks, this is what I would do, if I were in your place:
Option1: Tell him to go for a case. Don't pay a single paisa. That's why you have 3rd party insurance.
Option2: Ask him to claim from his insurance. Even police report is not needed (lot of people claim insurance claiming 'hit a wall'). His losing No-Claim-Bonus is his head-ache, not yours. If he doesn't want to lose NCB, ask him to go for Option1.

I don't think you should show leniency, considering that he asked for 4000 Rs daily allowance.
Sure, Noted and I will pass the message to him. Driver surely doesn't look too interested as going via court case can actually delay fixing his new car. Regarding the daily allowance on loosing his business, he was laughed upon even by bystanders. So that might not be the biggest worry now.


Quote:
Originally Posted by saket77 View Post
Story of resale going for a toss is a laughable excuse and is not the headache of your friend. Just don't budge from your stand. At the most, ask him to claim his insurance and your friend pays the differential amount of repair.

Another thing that I fail to understand that if it was the fault of the Innova for whom the Etios braked hard and got rear ended by your friend, why did your friend have to take the blame on him? Was the accident avoidable by all means and somehow your friend couldn't brake in time and caused it?

Regards.
I agree but end if the day Etios and friends i10 was the part of the accident. Innova fled the scene and no one bothered (nither he) to stop and check what carnage is left behind because of a stupid mistake.

Quote:
Originally Posted by mayankk View Post
First thing, speak to some people and find out about any correlation between your friends visa and a traffic accident case.
Currently thats the biggest question. As seen in previous replies, accidents related FIR shouldn't be an issue , they are accident end of the day. Criminal charges are the only issue which it comes to VISA approval policies.

Quote:
Originally Posted by Chetan_Rao View Post
Do the correct legal thing and stop worrying.

P.S. If you're concerned about the other party being anti-social, take care not to share any personal details while providing insurance documentation (policy mentions your postal address etc.).
I agree, and now when the other driver is mellowed down, he might accept the offer as well. talk is still going on.
Not sure of the driver being anti-social, I have asked my friend not to share any other details with him. That part is covered.
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Old 7th May 2016, 16:32   #611
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Default Re: What if FIR is not the best option to deal with an accident ?

Just ignore the taxi driver and go on with life. Don't return his calls. If the situation had been reversed, think of your plight. I was hit head on by a cab driver who was on the phone. The total bill came to ₹92k with me paying ₹26k. The driver and cab owner didn't even bother to return calls. Police refused to register an FIR. I just had to pay and move on. I should have also claimed the money for public transport for 20 days.
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Old 24th May 2016, 09:32   #612
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Default Need repair suggestion - branch fell on roof, straighten or replace?

A tree branch from an adjacent building fell on my A-Star's roof, causing a big dent on the roof, and damage to the left A-pillar.

A local garage (associated with the insurance company) said that the pillar has to be replaced, and the roof can be repaired for around Rs. 5000.

He added that replacing the roof will lower the resale value of the car.

I am currently in the US, and cannot guess the damage to the roof. I consider that the damage is sufficient and has affected the structural integrity of the car's shell, and the roof must be replaced.

The problem is that both the insurance company and the garage will recommend what is financially beneficial to them.

What do you guys recommend?
  1. Simply repair the roof, and replace the pillar. (Payment from insurance)
  2. Replace both, roof and pillar. (Payment might be much more, and may not be covered by insurance)

The car is used in the city itself, except for Mumbai-Pune trips 3-4 times a year. There is no current plan to replace the car any time soon.

If the roof must be replaced and it costs significantly, say more than Rs. 30k, we may consider selling off the car and getting something else instead.

Also, should a police complaint be lodged, as this could have caused death due to negligence?

What is your opinion?
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Old 24th May 2016, 11:01   #613
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Default Re: Need repair suggestion - branch fell on roof, straighten or replace?

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Originally Posted by amolbh View Post
A local garage (associated with the insurance company) said that the pillar has to be replaced, and the roof can be repaired for around Rs. 5000.
Such critical repairs shouldn't be entrusted to the local garage. I would highly recommend that you have the car repaired by the best authorised Maruti workshop in the city.

You have insurance, use it .
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Old 24th May 2016, 12:46   #614
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Quote:
Originally Posted by amolbh View Post
What do you guys recommend?
[*]Simply repair the roof, and replace the pillar. (Payment from insurance)
[*]Replace both, roof and pillar. (Payment might be much more, and may not be covered by insurance)?
As this is related to the chassis of the car and structural integrity is highly important post repair, please do NOT take the car to any FNG (However good they may be).

Take the car to MASS and get the damage assessment done along with detailed parts that need replacement.

I'll suggest you to get the Roof, A-Pillar and windshield changed.
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Old 15th August 2016, 19:21   #615
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Default Met with an accident - Sell the car or repair and use?

@Mods: I was not sure where I can put this question, so started a new thread. Kindly move the post as deemed appropriate. Sincere apologies for the inconvenience!

One of my close friends recently met with an accident in his Ford Figo TDCi Titanium car. It is a 2011/12 model.

Due to the impact, left side of the car has caved in right from the front fender region till the rear left door. The running board also has cuts in a few places. Both the airbags were deployed and both the occupants in the car are safe, with a minor cut on the forehead of passenger seat occupant.

Unfortunately, he did not have a Zero Depreciation policy and the estimate of repairs has been quoted around 2.3L out of which, he might end up paying about 80K to 90K.

Now the question we have is weather to repair and still keep using the car OR repair the car and sell it off for a new car?

Below are a few stats which might help:

- The car is in it's fifth year of ownership
- The approximate value of the car might be around 2.5L tops post repairs. The current IDV was 3.2 L when the accident occurred.
- The cost of car when he bought it was 6L on-road. If we assume the current repairs cost him around 1L, the total cost of car would be around 7L.
- The car cannot be declared total loss and this has been discussed at length with the insurance company.
- The car has completed around 62K on the odo.

Would request inputs from our team on what would be a better proposition? To repair and sell off the car or use it post repairs till it can run safely/reliably?
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