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Old 2nd October 2016, 20:26   #16
Join Date: Jan 2015
Location: Bangalore
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Default Re: Accident--Legal Help Needed ! !

Originally Posted by murillo View Post
So now I am concerned. Can anyone knowledgeable about this let me know how I should proceed with this? Will be highly appreciated. Thanks.
Firstly, relax. This is the kind of situation for which we have vehicle insurance. It is highly unlikely that you will have to pay anything out of your pocket.

I had a very similar experience a few months ago. We gave our old Tata Nano in exchange for a new one. The dealership sold our old Nano to some chap who had an accident in which two people on a bike met with severe injuries and they later filed a claim for 14 lakhs. Eventually, they agreed to settle out of court with the insurance company for 2 lakhs. We were made a party to this case because though the RC was in the new owner's name, the insurance was still in our name.

As hserus pointed out, get in touch with a civil lawyer ASAP and get him to file a vaqalat in the court for your case. In my situation, the dealership was highly uncooperative when I contacted them after this incident. They said that they dont keep records of any documents and asked me to check with the RTO.

The documents I had to submit to my lawyer were:
a] The valuation note for my old Nano from dealership
b] The bill for the new Nano from dealership, which mentioned that they were taking my old Nano in exchange and reducing the amount by the aforementioned valuation.
c] RC extract showing the transfer of ownership

I never had to go to the court. My lawyer said he put in a plea that we had given away the vehicle on so and so date and had nothing to do with it after that. The whole matter took about 2 months to get settled.

Like hserus pointed out, dont spend too much time with the dealer. It looks like they are the ones who have goofed up and I am not sure to what extent they will go to make life easier for you.

Get in touch with a lawyer right away and keep all your documents handy.
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Old 29th October 2016, 12:10   #17
Join Date: Aug 2011
Location: Chennai
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Default Re: Accident--Legal Help Needed ! !

Originally Posted by hserus View Post
You can point out that the car was sold to the dealer and he has given you written undertaking absolving you.
Originally Posted by perty View Post
Firstly, relax. This is the kind of situation for which we have vehicle insurance. It is highly unlikely that you will have to pay anything out of your pocket.
Thank you all for taking the time to share your comments. Here are the updates:

Update 1
I contacted a lawyer and filed a vaqalat at court on the day of hearing (submitted delivery receipt from dealer, RC, and summons copy). I had to sign a form, but did not need to appear in court in person. My lawyer said that I had to sign again in a counter, which will take around 3 months. I checked and found that on the date of accident, there was valid insurance, which was taken by myself. My lawyer says that I need not worry. I hope this ends there.

Update 2
I first checked with Vahan sms service and also at parivartan.gov.in web site and found the vehicle still in my name (regd. at a Chennai RTO). I contacted the dealer and came to know that the dealer had given the car to another dealer who sold the car without changing ownership first . My dealer then followed up with the new owner and got the name transfer done on Oct 26 (registered at Gudalur RTO, Tamil Nadu). On Oct 28, I received RC copy showing the name transfer.

When I checked with Vahan sms service now, it says the vehicle details are not found. However, I got the vehicle details from parivartan.gov.in web site which listed the new owner's name correctly as seen in RC copy. I would like to know from esteemed members, if this is still alright (may be vehicle details moved from state to central database), or should I be doing something?

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