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|2nd October 2016, 20:26||#16|
Join Date: Jan 2015
Thanked: 105 Times
Re: Accident--Legal Help Needed ! !
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.
|29th October 2016, 12:10||#17|
Join Date: Aug 2011
Thanked: 29 Times
Re: Accident--Legal Help Needed ! !
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.
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?
|The following BHPian Thanks murillo for this useful post:|
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