Bimal Motors - Indemnity clause before test drive

mobike008 · 1st July 2008, 14:01

Was it Bimal motors where the SX4 incident happen which was so horrendous? If yes, then what Bimal is doing is perfectly alright.

Spitfire · 1st July 2008, 14:06

Quote:

Originally Posted by mobike008

Was it Bimal motors where the SX4 incident happen which was so horrendous? If yes, then what Bimal is doing is perfectly alright.

Yes it was and why is it right?

amtak · 1st July 2008, 14:10

Quote:

Originally Posted by mobike008

Was it Bimal motors where the SX4 incident happen which was so horrendous? If yes, then what Bimal is doing is perfectly alright.

Yes, it was. I was present at the sight of the accident.

vcash · 1st July 2008, 14:26

2 Questions:
1) In India, does insurance follow the driver or the car? What I mean by this, is If I am driving my friends car, Bimal's TD car, a rented car or whatever have you and I get into a crash, will my auto insurance cover the damages or is it car specific? A.K.A. The friends car, Bimal Car or the rented car has the insurance.

2) Is it the law for any TD vehicles to have dealer insurance?

If the answer my first question is that insurance follows the car, then I would never TD a car from a dealer. Period. And for a dealer too ask you to 'personally' bear costs incase of an accident is beyond ludicrous. The logic is totally absurd. I could counter claim, illogically albiet - In order to TD your car, I would like to buy insurance, but since it is your car, you must pay the premium etc.

No one should be TD cars from this dealer or any dealer if the car is not dealer insured. Talk about one of the more stupid indemnity clause's I have seen.

Spitfire · 1st July 2008, 14:34

The TD car is like any other owned private car with registration, tax and insurance. The insurance is on the car - beneficiary the owner. If you are driving a TD car then it implies that you have been given permission to drive it by the owner. So you are not liable to pay as the insurance will go to the owner and not you.

When they let you TD a temp registered car its illegal anyways - no insurance, no tax and no owner. Yes temp has insurance but its a different thing all together.

Oh I have attached the above form and some details of the SX4 incident and send it to our common mailing list in our firm.

sriturl · 1st July 2008, 14:52

Quote:

Originally Posted by Spitfire

Oh I have attached the above form and some details of the SX4 incident and send it to our common mailing list in our firm.

Viper should send details to Maruti, and tell them that I do not agree to this practice, and so I am not buying a Maruti car.

May be Maruti/All car dealers/RTA should insist its dealers to display Registration Certificate, and Insurance papers prominently in the car, for the customers to make sure that the car which they are driving is actually insured, and RC to make sure that vehicle is indeed registered in the name of Maruti Suzuki or the dealer(This will make sure that dealer is not using un-registered/to be sold cars for test drive). It is one of the possible case where they might not have insurance.

Else, by law every registered vehicle should have at least third party liability insurance to run on the road.

vcash · 1st July 2008, 15:01

Quote:

Originally Posted by Spitfire

The TD car is like any other owned private car with registration, tax and insurance. The insurance is on the car - beneficiary the owner. If you are driving a TD car then it implies that you have been given permission to drive it by the owner. So you are not liable to pay as the insurance will go to the owner and not you.

Okay so in this case this clause is worthless but I would still not sign it. Someone really needs to send this to Maruti / Better Business Bureau and some sort of fair trade practice regulatory body. I hope the OP takes the initiative.

PatienceWins · 1st July 2008, 15:02

I would stay away from Bimal after SX4 incident.

vvnagan · 1st July 2008, 15:07

I am sure Maruti does not know about this. Bimal is just taking you for a ride. Good that you walked out. Is anybody from Maruti listening?

BaCkSeAtDrIVeR · 1st July 2008, 15:08

While we were searching for a car, we were on learners license, still were encouraged to take a TD. Prudence prevailed on us, and we did not drive them ourselves; but did take a ride.

Going by the posts on this forum, I think that Bimal were hit hard by uninsured / underinsured* / unregistered cars they give out TDs, and instead of mending their ways, are trying to take a shortcut out of a sticky situation.

In India, it is the vehicle which is insured; the qualities of the owner / driver has nothing to do with insurance premium (except no claim bonus).

(*) Without insurance coverage for own damage - probably they have taken policy only on third party insurance, without coverage for damage / loss to the vehicle itself. (Boy!! Doing that for a TD car is extremely stingy!!)

sriturl · 1st July 2008, 15:12

Quote:

Originally Posted by PatienceWins

I would stay away from Bimal after SX4 incident.

I would now be careful with all car dealers.
Bimal is one who has experienced an accident during TD, and reacting to it. You would not know how other dealers would have responded.
Ideally, if I would go for a test drive now, I would ask them to show the vehicle insurance and Registration details, and at least make sure that vehicle has complete insurance.

Think about it, do we know how many dealers are genuine in their TD practices? I have seen posts on this forum about dealers offering TD on vehicles already sold to others.

I am not defending Bimal in any sense. I have no personal affection or enmity towards any one. But my point is, don't take any dealer for granted. Be sure before you drive from any one.

svsantosh · 1st July 2008, 15:21

--->Simply pocketed it-----<

good one viper - lets spread this news across to our near and dear ones and make sure bimal gets no more customers.

for my part - i am going to inform 10-15 guys in my gang and tell them EACH to walk in once for a TD and walk out Just like you did - so that they realize they are loosing customers thick and fast...

-------------Oh I have attached the above form and some details of the SX4 incident and send it to our common mailing list in our firm.-----------

Spitfire - I am also going to save this form and send it across to nearly 300 guys in my orkut and yahoo mailing list. If not a bad name - at least bimal is going to get customers who have known about this incident...

ab1xlr8 · 1st July 2008, 16:55

Every bad trade practice followed by Bimal motors,if they cannot even insure their test drive cars ,why should a prospective customer who unintentionally damages the car pay for it.
maybe we should send the form to the consumer court

GTO · 1st July 2008, 17:22

Any dealer that beats up a potential customer of theirs ought to be avoided like a plague....form or no form!! For those who aren't aware of Bimal's practices, please read this thread.

Making potential customers liable for damage to the test drive car is just not done. They have insurance to cover up for this. Damage? Of course there is potential for damage but to a dealership, its the risk / cost of running a business.

snaronikar · 1st July 2008, 17:31

Pathetic is what I can say right now. They were bitten once and they are trying to make it good with the prospective customers. This attitude has to be driven out by them. the TD vehicle ahs to be insured at least a 3rd party insurance. Wy the customer should be responsible if somebody hits the car during TD. We need to complain this to MSIL and hope they will take some appropriate action on this dealer.

1st July 2008, 14:01	#16
mobike008 Distinguished - BHPian Join Date: Sep 2006 Location: Seattle, WA Posts: 11,694 Thanked: 14,783 Times View My Garage	Was it Bimal motors where the SX4 incident happen which was so horrendous? If yes, then what Bimal is doing is perfectly alright.
	() Thanks

1st July 2008, 14:26	#19
vcash BHPian Join Date: Dec 2006 Location: Los Angeles Posts: 453 Thanked: 22 Times	2 Questions: 1) In India, does insurance follow the driver or the car? What I mean by this, is If I am driving my friends car, Bimal's TD car, a rented car or whatever have you and I get into a crash, will my auto insurance cover the damages or is it car specific? A.K.A. The friends car, Bimal Car or the rented car has the insurance. 2) Is it the law for any TD vehicles to have dealer insurance? If the answer my first question is that insurance follows the car, then I would never TD a car from a dealer. Period. And for a dealer too ask you to 'personally' bear costs incase of an accident is beyond ludicrous. The logic is totally absurd. I could counter claim, illogically albiet - In order to TD your car, I would like to buy insurance, but since it is your car, you must pay the premium etc. No one should be TD cars from this dealer or any dealer if the car is not dealer insured. Talk about one of the more stupid indemnity clause's I have seen.
	() Thanks

1st July 2008, 14:34	#20
Spitfire BANNED Join Date: Jul 2006 Location: Panaji - Goa/Bangalore - Karnataka Posts: 3,312 Thanked: 774 Times	The TD car is like any other owned private car with registration, tax and insurance. The insurance is on the car - beneficiary the owner. If you are driving a TD car then it implies that you have been given permission to drive it by the owner. So you are not liable to pay as the insurance will go to the owner and not you. When they let you TD a temp registered car its illegal anyways - no insurance, no tax and no owner. Yes temp has insurance but its a different thing all together. Oh I have attached the above form and some details of the SX4 incident and send it to our common mailing list in our firm. Last edited by Spitfire : 1st July 2008 at 14:37.
	() Thanks

1st July 2008, 15:02	#23
PatienceWins Senior - BHPian Join Date: May 2007 Location: Bangalore Posts: 2,416 Thanked: 807 Times View My Garage	I would stay away from Bimal after SX4 incident.
	() Thanks

1st July 2008, 15:07	#24
vvnagan BHPian Join Date: Jun 2008 Location: Bangalore Posts: 98 Thanked: 20 Times	I am sure Maruti does not know about this. Bimal is just taking you for a ride. Good that you walked out. Is anybody from Maruti listening?
	() Thanks

1st July 2008, 15:08	#25
BaCkSeAtDrIVeR BANNED Join Date: Jun 2007 Location: Kochi Posts: 2,522 Thanked: 752 Times	While we were searching for a car, we were on learners license, still were encouraged to take a TD. Prudence prevailed on us, and we did not drive them ourselves; but did take a ride. Going by the posts on this forum, I think that Bimal were hit hard by uninsured / underinsured* / unregistered cars they give out TDs, and instead of mending their ways, are trying to take a shortcut out of a sticky situation. In India, it is the vehicle which is insured; the qualities of the owner / driver has nothing to do with insurance premium (except no claim bonus). (*) Without insurance coverage for own damage - probably they have taken policy only on third party insurance, without coverage for damage / loss to the vehicle itself. (Boy!! Doing that for a TD car is extremely stingy!!)
	() Thanks

1st July 2008, 15:21	#27
svsantosh Senior - BHPian Join Date: Mar 2008 Location: Dubai Posts: 3,990 Thanked: 6,173 Times View My Garage	--->Simply pocketed it-----< good one viper - lets spread this news across to our near and dear ones and make sure bimal gets no more customers. for my part - i am going to inform 10-15 guys in my gang and tell them EACH to walk in once for a TD and walk out Just like you did - so that they realize they are loosing customers thick and fast... -------------Oh I have attached the above form and some details of the SX4 incident and send it to our common mailing list in our firm.----------- Spitfire - I am also going to save this form and send it across to nearly 300 guys in my orkut and yahoo mailing list. If not a bad name - at least bimal is going to get customers who have known about this incident... Last edited by svsantosh : 1st July 2008 at 15:26.
	() Thanks

1st July 2008, 16:55	#28
ab1xlr8 BHPian Join Date: Nov 2007 Location: mumbai Posts: 93 Thanked: Once View My Garage	Every bad trade practice followed by Bimal motors,if they cannot even insure their test drive cars ,why should a prospective customer who unintentionally damages the car pay for it. maybe we should send the form to the consumer court
	() Thanks

1st July 2008, 17:22	#29
GTO Team-BHP Support Join Date: Feb 2004 Location: Bombay Posts: 70,497 Thanked: 300,303 Times View My Garage	Any dealer that beats up a potential customer of theirs ought to be avoided like a plague....form or no form!! For those who aren't aware of Bimal's practices, please read this thread. Making potential customers liable for damage to the test drive car is just not done. They have insurance to cover up for this. Damage? Of course there is potential for damage but to a dealership, its the risk / cost of running a business.
	() Thanks

1st July 2008, 17:31	#30
snaronikar Senior - BHPian Join Date: Jun 2007 Location: Bengaluru Posts: 2,845 Thanked: 29 Times View My Garage	Pathetic is what I can say right now. They were bitten once and they are trying to make it good with the prospective customers. This attitude has to be driven out by them. the TD vehicle ahs to be insured at least a 3rd party insurance. Wy the customer should be responsible if somebody hits the car during TD. We need to complain this to MSIL and hope they will take some appropriate action on this dealer.
	() Thanks