What to do if the other party has no Insurance?

alpha1 · 22nd September 2015, 13:44

Quote:

Originally Posted by dhanushs

I have a feeling, he is showing basic street smartness. If you proceed with the case, he might end up paying. As he will have to spend a lot more, if the case proceeds.

Or perhaps he (the owner of the Ace) is counting on the fact that the Poster is indeed smart and will not get into utterly worthless sham in India called "the pursuit of justice".

Come to think of it, why will he end up paying?
Answer: Because of a court order.

I think that line itself sums up why he may never end up paying.

jinojohnt · 22nd September 2015, 14:20

I am no expert, but this is what I think will happen if you file an FIR.
1. The 'Ace' owner would need to pay a fine (to police/govt) for running without insurance.
2. His 'Ace' would be impounded for sure (For how long? Depends on his contacts and money. He would definitely lose some money to cops)
3. If the court decides (after 5 years) that it is his fault, he would need to pay for your car's repair.
4. If you were injured, he would need to pay for your medical expenses and also risk imprisonment. (Since you are not injured, this is not applicable).

If you are itching to teach him a lesson, you can proceed with steps 1 and 2. You can withdraw the case in court anytime, even during first appearance. (You can also get the lawyer to waive his fees if you negotiate smart enough.) You may even get lucky during this time, as the 'Ace' owner may decide to pay up so as to avoid court proceedings on a non-insured van.

dhanushs · 23rd September 2015, 10:09

Quote:

Originally Posted by alpha1

Or perhaps he (the owner of the Ace) is counting on the fact that the Poster is indeed smart and will not get into utterly worthless sham in India called "the pursuit of justice".

Come to think of it, why will he end up paying?
Answer: Because of a court order.

I think that line itself sums up why he may never end up paying.

Dear alpha1, please, take a couple of minutes and think through the process (the finance and man hours of investments) of an 'ace taxi' driver with no insurance will have to go through, once the OP files a case.

Or do you think the Indian Judiciary is such that, even if somebody files a case against a taxi driver, he can still go on with his daily routine?

The whole point of my post is not to bring the taxi driver to justice, but to make him pay up.

If you were driving a taxi, which is your daily bread and met with an accident. You have no valid papers making it legal for you to drive on road. The other party is making it a pretty strong case. What would you do? Settle the other party out of the court? Or go ahead and spend your time and effort and fight a never ending case, in which there is more probability of you getting into trouble than the other one?

Think..

alpha1 · 23rd September 2015, 11:19

Quote:

Originally Posted by jinojohnt

I am no expert, but this is what I think will happen if you file an FIR.
1. The 'Ace' owner would need to pay a fine (to police/govt) for running without insurance.
2. His 'Ace' would be impounded for sure (For how long? Depends on his contacts and money. He would definitely lose some money to cops)
3. If the court decides (after 5 years) that it is his fault, he would need to pay for your car's repair.
4. If you were injured, he would need to pay for your medical expenses and also risk imprisonment. (Since you are not injured, this is not applicable).

"Without insurance" can only be determined by lack of insurance paper being produced before the courts.
Back dated insurance paper can easily be made by greasing a few palms in this country.

Quote:

Originally Posted by dhanushs

The other party is making it a pretty strong case. What would you do? Settle the other party out of the court? Or go ahead and spend your time and effort and fight a never ending case, in which there is more probability of you getting into trouble than the other one?

Think..

I agree, that it (court process) will be a pain (more so because he is earning income on the running of Ace) for the other party, and the original poster could play on this.

But perhaps the court proceedings will harass him more than the Ace owner.
(I know I have a case of death caused by rash driving, and the rash driver is having a field day driving trucks daily, the owner is having a field day making profits from this rash driver, and people I know have been made to run around in the courts trying to verify and prove their case, of course the situation is little different since there was a valid TP insurance)

###

But yes, I admit, I am being overtly pessimist here.

noopster · 23rd September 2015, 14:56

I take a very practical rather than idealistic view in cases like this. The way I see it, insuring my car is my headache, just as perhaps insuring my life is. If something happens, I am not at the mercy of the guy who hit me and more importantly at the mercy of our whimsical and inconsistent justice system which makes the victim run through hoops while often releasing the offender scot free.

I have claimed insurance twice this year- in one case at least the fault was completely the other guy's. But I didn't bother filing a complaint or trying to recover anything from the biker who hit me coming the wring way. I saved my breath and claimed insurance instead. That's what it's there for! Maybe I lose NCB and mandatory deduction amount but at least my car is back to its old unbattered state!

slicvic · 24th September 2015, 01:47

My 2 cents

Filing a complaint does not mean that your car gets impounded. If all your papers are in order you give the cops copies of the same and leave. The cops will later give you an acknowledgement which you produce in court.
In case his papers and insurance is in order, The cops just levy a fine on him for rash and negligent driving (Rs 500 - 1000).
In case the other person does have insurance, then you have to pay from your pocket, and then fight it out in court and prove it was his fault. His company will then reimburse you. (or you don't repair the vehicle until you win the case and do the repairs only later: highly impractical)
Hence the easier way out is you claim from your own insurance and pay the difference.

No idea what happens when the cops find out he doesn't have insurance. Perhaps his car gets impounded until he pays the fine and re insures the car.

22nd September 2015, 14:20	#17
jinojohnt Senior - BHPian Join Date: Aug 2009 Location: Trivandrum Posts: 1,124 Thanked: 794 Times	Re: What to do if the other party has no Insurance? I am no expert, but this is what I think will happen if you file an FIR. 1. The 'Ace' owner would need to pay a fine (to police/govt) for running without insurance. 2. His 'Ace' would be impounded for sure (For how long? Depends on his contacts and money. He would definitely lose some money to cops) 3. If the court decides (after 5 years) that it is his fault, he would need to pay for your car's repair. 4. If you were injured, he would need to pay for your medical expenses and also risk imprisonment. (Since you are not injured, this is not applicable). If you are itching to teach him a lesson, you can proceed with steps 1 and 2. You can withdraw the case in court anytime, even during first appearance. (You can also get the lawyer to waive his fees if you negotiate smart enough.) You may even get lucky during this time, as the 'Ace' owner may decide to pay up so as to avoid court proceedings on a non-insured van. Last edited by jinojohnt : 22nd September 2015 at 14:21.
	(1) Thanks

23rd September 2015, 14:56	#20
noopster Distinguished - BHPian Join Date: Feb 2010 Location: Pune Posts: 9,238 Thanked: 12,904 Times View My Garage	Re: What to do if the other party has no Insurance? I take a very practical rather than idealistic view in cases like this. The way I see it, insuring my car is my headache, just as perhaps insuring my life is. If something happens, I am not at the mercy of the guy who hit me and more importantly at the mercy of our whimsical and inconsistent justice system which makes the victim run through hoops while often releasing the offender scot free. I have claimed insurance twice this year- in one case at least the fault was completely the other guy's. But I didn't bother filing a complaint or trying to recover anything from the biker who hit me coming the wring way. I saved my breath and claimed insurance instead. That's what it's there for! Maybe I lose NCB and mandatory deduction amount but at least my car is back to its old unbattered state!
	() Thanks

24th September 2015, 01:47	#21
slicvic BHPian Join Date: May 2007 Location: KA 19 Posts: 856 Thanked: 526 Times	Re: What to do if the other party has no Insurance? My 2 cents Filing a complaint does not mean that your car gets impounded. If all your papers are in order you give the cops copies of the same and leave. The cops will later give you an acknowledgement which you produce in court. In case his papers and insurance is in order, The cops just levy a fine on him for rash and negligent driving (Rs 500 - 1000). In case the other person does have insurance, then you have to pay from your pocket, and then fight it out in court and prove it was his fault. His company will then reimburse you. (or you don't repair the vehicle until you win the case and do the repairs only later: highly impractical) Hence the easier way out is you claim from your own insurance and pay the difference. No idea what happens when the cops find out he doesn't have insurance. Perhaps his car gets impounded until he pays the fine and re insures the car.
	() Thanks