[arnabchak]

Originally Posted by arun_josie

You have mentioned that "with all the spares under the bonnet including Engine & Chasis got completely damaged and broken.", do you have any pics of the same to share? If damage is heavy under the bonnet, then better to push for a new car at least by paying some difference amount. Here is a similar incident which happened at MASS in which a Dzire was totalled with severe damages. Maruti took responsibility and replaced with a brand new car to the customer.

http://www.team-bhp.com/forum/indian...-replaces.html

Arun,

Irrespective of the fact that the Engine is damaged or not, please check the structural integrity of the Sunny.
The A Pillar is seriously compromised and whatever the tinkering, this can never run like a new car.

Best option would be to ask for a total loss and let Avenue pay for the difference.

Take the money and then buy whatever car the heart wishes!!

[Jaggu]

Ask dealer to claim insurance, repair and sell off the car. You need to be given a new car and maybe you can bear insurance and processing from your side. It is clearly their fault and from the picture its clear that the front left side would need extensive work including work at chassis, A pillar and roof. This makes the car as good as a 10 year old car.

Do not accept any other compromise.

[sandeep108]

The dealer also usually have their own insurance policy for this. Also the owner of the goods will also have their own insurance policy which would include loading/unloading of the goods. If not, anyway the owner / transporter of the goods that caused the damage is responsible. The dealer can get entire compensation for new car from these fellows or his own insurance.

You just have to negotiate hard with the dealer and keep escalating the issue. If they do not agree you may have to get a lawyer to send them a legal notice.

[varunanb]

The car looks very bad. Looking from the outside, i believe the entire top panel needs replacement along with fenders and bonnet. But still this might not be as rigid as the original cab as there will be lots of cutting and welding on the body hence rediced strength.

If the engine bay along with engine and transmission is damaged, even after repairs the car will no longer be a 6 or 7 months old car. It will feel older.

What ever is the decision do not accept the claim on your friends insurance policy. Let avenue nissan claim and replace or repair the car with their insurance.

[kartavya]

As few have already mentioned on here don't accept this car. The structure might have been damaged and the service center might do an acceptable job to the naked eye but no one knows how the core structure will have been affected. Also take into consideration a service center won't do a repair job anywhere close to the levels a Nissan production facility would. I for one would be worried with the structure even if repaired and you should visit the Nissan offices and be in contact with the higher level people as soon as possible.

[libranof1987]

The response from that guy at Nissan is disgusting; I am dumbstruck at how someone at his position can be so arrogant about such a blatant mistake from the dealer of the company he represents. Especially in today's age of social media.

It's easy for all of us to say this since none of us own the car but the OP's should try every avenue before compromising. There should be ideally no reason why the owner should accept the same car, however well it is repaired.

I hope there's at least someone sensible at Nissan to deal with this in a proper manner.

[saket77]

My advice - push for a total loss and ask Nissan/ ASC to compensate for the depreciation charged. Do not settle for a repair because the repair work will never match the factory finesse. Structural integrity will be something you will never be sure about and if you choose to repair the car, you will never get a reasonable value for it.

Be prepared to take them to the court in case they do not relent and let them know that.

[ghodlur]

Thats most unfortunate for your friend Joshguy.

Its makes me laugh to read that the dealer want to claim insurance to repair the car which was damaged due to the dealer mistake. Instead of accepting to repair the damages on their own, they want you to lose the NCB. As reiterated by other in the posts, please in any way or under any pressure accept the Dealer's request for Insurance claim.

If dealer tries to play hard, file a FIR with the nearest police station and let the matter be handled by them. If you have good contacts, get the incident highlighted in the media.

IMO the car cannot be passed off as a total loss since the repair cost would surely be less than 75% of IDV - structural integrity or no structural integrity. When the dealer would have to repair it to make it road worthy, he will be ensuring the integrity of the car, shouldn't he??

[saket77]

Originally Posted by ghodlur

Its makes me laugh to read that the dealer want to claim insurance to repair the car which was damaged due to the dealer mistake. Instead of accepting to repair the damages on their own, they want you to lose the NCB. As reiterated by other in the posts, please in any way or under any pressure accept the Dealer's request for Insurance claim.

As a general question, I would like to ask if it will be a good enough if the dealer offers to pay the NCB loss? Agreed that the effect will be carried over to the subsequent years as well, but is it agreeable in such cases? All this given that the car is not passed as a total loss.

Originally Posted by ghodlur

IMO the car cannot be passed off as a total loss since the repair cost would surely be less than 75% of IDV - structural integrity or no structural integrity.

Hmmmm, that's a point to ponder about. However, some pics from under the bonnet would help take us a more informed call.

Originally Posted by ghodlur

When the dealer would have to repair it to make it road worthy, he will be ensuring the integrity of the car, shouldn't he??

I am sure that is beyond the realms of the dealer - to ensure the structural integrity.

Thinking about it all, the best thing would be any of the following:

1. The car is declared as total loss,

2. The entire body shell is replaced. But since that means stripping of the entire car - wire to wire and bolt to bolt, that calls for an offer of extended warranty too.

3. Nissan agrees for a complete replacement of the car- that looks difficult to be honest.

Regards.

[ghodlur]

Originally Posted by saket77

As a general question, I would like to ask if it will be a good enough if the dealer offers to pay the NCB loss? Agreed that the effect will be carried over to the subsequent years as well, but is it agreeable in such cases? All this given that the car is not passed as a total loss.

If the dealer is willing to compensate for the NCB amount loss, consumable cost, salvage cost, TDS, WA/WB costs, then claiming insurance can be thought of provided the Insured does have a zero dep policy on the car. If he doesn't have it, then add the Insured's contribution amount to the above list. Here the tyre cost is not included.

[rajeshsundaram]

From my experience in restoring my Alto (which met with an accident), any hit on the front (collision, or objects falling on) can severely alter the front body integrity. Even if the dealer repairs the whole area, you will start facing problems after 6 months.

The problem will start with rattlings, suspension alignment issues etc which will make you think of selling the car.

My suggestion would be to strike a deal with the dealer, scrap the damaged car, and get a new car. AFAIK, Nissans dont command any premium in used car market. So even if the car is repaired, selling / exchange it afterwards will be tough as the valuation will be very minimal. During exchange, the dealer found that my Alto was damaged and front body was worked. Immediately he valued the car 40% less than the market rate.

Better scrap the car if possible and get a new car. Try to strike a deal with the dealer.

[mac187]

It looks really bad, Not sure if its the angle but looks like the body is touching the tyre or worse the suspension and chassis has collapsed. More images can give clarity. The A-pillar looks bent to me, if it isn't just a minor dent on the surface not sure how A-pillar is repaired!

Others have advised correctly, your friend needs to prepare for a battle of sorts with the dealer and Nissan. Its not going to be easy and quick. But going my the recent examples, I am sure he can get a replacement NEW car.

P.S: The line about the expertise to repair the damage is priceless. Hats off to the PR guy who may have drafted this response.

[amolathalye]

Dear Joshhuy ,

Thank you very much for sharing this incident on this forum. The letter from the dealership states volumes about their attitude towards the consumer , the reason is the weak consumer protection act in India. It's surprising that replacement has not even not occurred to them despite the fact that its their responsibility to take care of the car when it's under their custody. This portal is very resourceful and I am sure this news will spread like a wildfire and the dealership will have to take a note of it. I feel that your friend should insist replacement as repairs can no way provide original condition of such a new vehicle and niggles may keep cropping up in future.
All the very best to you and your friend.

Regards
Amol

[apachelongbow]

Your friend should do two things immediately.
1) Hire a competent lawyer
2) File a FIR in the local police station, stating damage to his car when it was handed over to the Nissan service station and under their care. FIR should include the extant of damage and the fact that Nissan has been lying about the car's state to the owner

After these two steps are taken, your friend along with his lawyer should take a copy of that FIR and a legal claim to the service station, along with a legal notice to Nissan, stating harassment, mental agony and malpractice suits to follow.

These initial steps should be enough for Nissan and its dealers to clean up their act and provide for a compensatory car.

[skyliner34]

Originally Posted by Jaggu

Ask dealer to claim insurance, repair and sell off the car. You need to be given a new car and maybe you can bear insurance and processing from your side. It is clearly their fault and from the picture its clear that the front left side would need extensive work including work at chassis, A pillar and roof. This makes the car as good as a 10 year old car.

Do not accept any other compromise.

Isn't it wrong to think selling refurbished things to some innocent buyer who is not aware of it's history? And I'm sure the dealer will never utter a word about the history of this vehicle.
Ethical thing for Nissan to do would be to write off this vehicle from insurance side and scrap/recycle.