30th April 2012, 11:04
Join Date: Apr 2012
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| | Re: We hit another car that isn't endorsed to the legal heir. Now, who is responsible
Originally Posted by bblost
There was an accident. His car is damaged due to your drivers fault (for the sake of argument).
As per law either of your insurance should cover the damages.
Your insurance would have covered everything for him, but he is not willing to go to court.
His insurance + your contribution would have paid everything. But he cannot claim as his insurance is invalid.
You had agreed to pay for any loss if he claimed his own insurance. That might have been approximately 3-4 thousand rupees.
Pay NO more than this.
He is not entitled to anything more on both legal or moral grounds.
btw, just curios, does he have a valid driving license.
Originally Posted by phamilyman
So much internet bandwidth on this - a 12k estimate from A.S.S is never more than 3-4k from any outside agency. Just take it to FNG and sort it out asap. Not worth the hassle, or your time (either in dealing with that chap, or in following up this thread)
Originally Posted by vibbs
My understanding of the process is that third party insurance would require you to file an FIR.
Infact you need a copy of the FIR. The insurance company then appoints a lawyer who fights the case in behalf of you and the court decides how much compensation has to be paid to the third party, which the insurance company pays directly. A legal process with one of the parties not even having valid documents, is a sure recipe for trouble.
There is a high possibility that the Insurance company would try to fight it on the basis 'since the guy did nt have a valid insurance, he did nt have any business to be on the road.' This may or may not help you in your case, but will end up getting a hefty fine to the third party.
So while the first person can always go for the third party insurance, question to ponder is, whether the third party would be ready for the consequences? So even if the OP wants to claim third party insurance will the other guy be ready?
If yes, then go ahead. If no, then legally you have no obligation. Moral considerations apart.
Originally Posted by anjan_c2007
Is the Alto transferred by the RTO in the name of the legal heir/s of the deceased owner? I doubt this has been done as at first the insurance has to be processed to mutate it to the legal heirs name prior to the registration being mutated.
If the RTO has not been informed of the death of the registered owner of a motor vehicle within the requisite time period, its an offence under the MV Act.
Shelling out 12K is nonsensical- you must never agree to it as the Alto seems to be having dubious ownership papers.
At the most you can agree to pay 50 % of it. You need to negotiate to convince him that he is not holier than thou.If the guy does not agree and is rigid, you can talk to him about taking recourse to the legal process after filing a police complaint.
If the guy was drunk the law says that he must be tested medically for alcohol in his bloodstream within three hours of the incident happening. Or else, medical reports do not stand. No government doctor or even private doctors aware of the law of the land will do any test after three hours have elapsed.This is why drunk drivers flee after the accident and then reappear after a considerable lapse of time ( 3 plus hours).
Originally Posted by vina
Why would it be ridiculous? when you (your father) promised to pay up - did you tell him that you'll pay the difference from insurance? And by the way how much did you think you're goin to pay? Rs 500 for a broken door? Wouldn't that be wishful thinking and intent to cheat?
Also aren't you a little too willing to believe your driver's assertion that the other guy was drunk?
And what's the matter with everyone on this thread? Most people know someone who has driven a few days on a lapsed insurance. Many on TBHP have. If anyone you know happens to be in the situation of the Alto-guy would you be providing the crappy advice you are providing?
I think the best thing to do would be to get it repaired outside - unless your honour is worth less than a few thousand rupees (depreciation, cumplusary deductibles and NCB for a coupled of years together would anyway add to several thousand rupees - you are on the hook for quite a bit of money out of that 12k even assuming that the guy had valid insurance), go ahead and get the car repaired well.
Originally Posted by tsk1979
Whether Alto Guy has insurance or not is immaterial. He is not supposed to use his insurance.
You are supposed to pay for the damage, since its your fault.
Now you can pay 12K out of your pocket, or you can pay 12K via 3rd party insurance. Its entirely upto you.
Originally Posted by Nitrous Power
I always assumed that even third party claim will impact on NCB, but even jeganatus' NCB is not impacted, his insurance is liable to pay and in that case OP should not have any problem in charging the damages on his insurance.
Originally Posted by MrinalSinha
Please dont take personally but i did not like the tone of your post.
1. Just because A hit B and B has expectations which most of the people do not agree with does not makes B an idiot. He might be wrong at best.
2. He might not have a legal case against A, but the car not endorsed to the legal heir is a separate issue all together. A is technically responsible for the losses to the car and he / his insurer has to foot the bill.
3. The type of fix the owner of the alto want is his choice. Why should he agree to getting the work done against his insurance / taking to a local dealer / getting part from a scrap dealer. His door needs replacement and he is all correct to ask for a new door from the manufacturer. He would have been wrong if he expected you to take care of the repair of his boot which was damaged before the accident and you have all rights to say no to it.
I dont think if there was a mishap in any of our families, the first thing we do is to rush and get the ownership changed. For me, ownership of the car and the damage done are two separate issues and any person worth his salt should foot the bill for the damages he is responsible for, not a penny less and not a penny more.
Money can, may be, only bring the car back to original shape. It cannot fix the dent to the emotions and feeling hurt by the accident.
My 2 Cents.
Originally Posted by theexperthand
+1 to Milecruncher. May be he would have realized it is better to go for 50-50 and end all the hassles. Good for you too as the amount is almost equal to what you were ready to pay.
I am not sure about the alto, but a much worse dent on the front right door on our Ambassador (A bolero tried to take a turn in high speed, lost control and hit out car directly which resulted in damaging the right front door and much more) was dented beautifully and was fixed at the local workshop.
Can anyone quickly tell me does the dent on Alto's door is repairable? If so how much it will cost. I need to Make NEFT of Rs5000/- to the Alto owner by 3 Pm today. Please help....