[apachelongbow]

Originally Posted by asitmonty

Hi guys,

I got into an accident yesterday (17th Oct) while driving back from a trip. A goods lorry drove on our side of the lane and scraped the right side of my car. Everyone was ok since the overall impact was not high. This is in my own state, Odisha, but another district, approx 3 hours drive from my place.

Fortunately, I had invested in a dashcam (thanks to the forums here) and so have the incident, the number plate, etc on video.

I have filed an FIR online (Odisha is cool in that) on advice from my uncle (a high court lawyer). But I still have questions and hopefully anyone who has experienced similar situations (even if different state) can add to.

1. Do I provide the video to insurance when I make a claim? If it helps either with them pursuing on my behalf (like they do in US) or they take the evidence as no-fault from my side, then I am happy to do it. But if they are going to try and use the video to manufacture some sort of denial (for e.g. we were driving at 55, and that section of highway may have a speed limit of 50 even though we didn't see any sign for that), then better not give it at all.

2. Since this is a new car, I will have to give it to Mahindra Authorized service center. Any advice on do's and don'ts? I had never need to file an insurance claim. So this is a first for me.

3. I got the insurance through dealer. Should I call the dealer? or directly contact HDFC ergo?

4. Anything else that I should prepare before filing claim? I already have the photos and videos of damage.

5. Any advice in general?



Thanks in advance for any inputs

Hey, it's not your fault. The moron tempo driver cut across the divided lane and hit you. Use the FIR , Aaj your uncle to put in a word to the police and register a hit and run case on the tempo Walla. Once his vehicle is seized the tempo owner will dance in front of you.
For insurance you needn't give any video evidence, so relax on that front.

[SahilS]

Is there any easy way to file police complaints for such cases(without visiting police station and spending hours there)?

Similar accident happened with my Tata Safari 2 weeks back in Corbett. I saw a high speed Indane Gas Carrier coming from the opposite side on a straight but narrow road. I stopped my car but still he scraped the right side of my car

This video captures the accident:
https://twitter.com/sahil100/status/1576982544880668672

I took a screenshot from the original video from my dash cam where the registration number of that vehicle is clearly visible. (UK04CA8163)
I thought of filing a police complaint but as I was on a trip, I didn't want to waste my time in this whole process.

[Bailey]

Originally Posted by Comrade

OP has captured number plate of the offender. So can't he or his insurance provider file a claim against offender's insurance provider.

This is what I have read online, which explains why most don't go to such pains in India.

Making a third party motor claim is not easy. The complex course begins with filing an FIR with the police and obtaining a charge sheet, which, as we all know is a mammoth task in itself. After this, one has to approach a motor claims lawyer who files a case in a special court, the Motor Accident Claims Tribunal. Civil courts cannot decide road accident compensation claims. The case has to be either filed in the tribunal with jurisdiction over the area where the accident occurred or with the occurred or with the tribunal with jurisdiction over the area where the claimant or the defendant resides. The court then hears both sides, examines the evidence, and fixes the liability. If the decision is in your favour, you get compensated for your loss.

https://economictimes.indiatimes.com...9.cms?from=mdr

[IP_Man]

This last moment screenshot clearly shows fault of approaching car. I suspect it was done intentionally. Thanks God all occupants are safe. Such idiot drivers drivers must be punished by law. File insurance claim, only photo are sufficient.

But, my question, in general, what happens next after we file FIR against offending vehicle/driver?

[asitmonty]

Originally Posted by AntPaul

the negligent truck driver might go scot free without having to pay up anything other than a traffic penalty at most for negligent driving.

I would think the driver/employer will face a net loss of about 6k or so. That truck would have approx 30k insurance premium (since its commercial) and a claim will impact their NCB, let's assume 20%. And the fine of 1-2k depending on what they get charged with.
If the driver is the not the owner, the employer is not going to be happy about a 5k loss and will surely pass on some of the pain.

Though I still haven't heard anything from police about the FIR. once I do, I would see if I can ask my uncle to help handle the case for damages from their insurance. Hopefully they dont make me run around a lot and force me to withdraw.

Originally Posted by SahilS

Is there any easy way to file police complaints for such cases(without visiting police station and spending hours there)?

Since police is a state matter, it differs from state to state. Odisha government believes in digitalizing and so we have pretty much everything digital. From sewage cleaning to Land records. And older records are getting updated with time.

When I filed my FIR online, I did see multiple states and the GOI emblem. So, it's possible that this facility is open to whichever state government wants to participate. I did a quick search and it does seem like UK has online FIR facility. Though, from what I heard from my lawyer uncle, they might ask you to visit once for investigation. Of course, you have the option to close your complaint if you dont want to do that. Just make sure that the state government allows closing the complaint online.

https://policecitizenportal.uk.gov.i...?Mode=Q3JlYXRl

Originally Posted by Bailey

This is what I have read online, which explains why most don't go to such pains in India.

It is the same everywhere. We, here, have a genuine case. But imagine if they allow FIR to be filed from anywhere and Police has to go to the complainant's place. It wouldn't be practical. Especially with limited state budgets. The richer states - MH, TN and GJ - can probably afford to implement this.

It's the same in US too. One thing that could help if courts/government allows lawyer to completely represent the complainant.

Originally Posted by IP_Man

Attachment 2370310

But, my question is what happened after we file FIR against offending vehicle/driver?

Hopefully I will find out and then I will share with everyone. Fingers crossed.

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[ruzbehxyz]

As most of the members here mentioned just go ahead and file your claim. Since it is a new vehicle and Insurance bought from dealer, I don’t think you will have an issue. I presume you have Zero dep. insurance so no need to pay anything.
The video will come into play when the Insurance company denies your claim which I think they cannot, or the other vehicle files a complaint against you.
Filing a police complaint is again the right way forward.

[dust-n-bones]

Originally Posted by IP_Man

Attachment 2370310

This last moment screenshot clearly shows fault of approaching car. I suspect it was done intentionally.

May not be intentional, most likely a case of distracted driving. Caused by any number of things - from fiddling with a phone to dozing off. This is amongst a few things a horn is meant to be used for - prevent an accident - so not sure why was it not used.

Even then, the lorry driver is clearly at fault. Keep this forum posted if you pursue 3rd party compensation as you have mentioned. Should be a good learning for many of us who would pay up rather than pursue.

[lapis_lazuli]

Unfortunate incident. These things happen, but keep your insurance claim and FIRs seperate. Just get it repaired from the Mahindra ASS and enjoy the ride. The damage is not very serious at all. Just ensure a paint match, do not sign the SATISFACTION VOUCHER while filling the claim. They will invariably slip it up but it is to be signed AFTER the job is done to your satisfaction when claiming insurance. They will say : "Saar delay hoga" you say you are OK with the delay. It is just a trick. Finally, they may deduct a "salvage" : check if your policy has the mention of a salvage, if not, don't allow deduction citing the terms and conditions.

[vaibhavyagnik]

1. Claim insurance. This is the reason you pay insurance every year and this is a valid case. Do not provide any video proof to the insurnace company unless they ask you too. Generally they will not. You just have to fill the form and in the reason you can write what actually happened. But please take quick action. Once the metal starts rusting, the insurance claim may be rejected citing that the accident has happened much before.
2. When you will claim insurance, you will have to let go of your NCB for the next year. Normally this would be ok if it were a small amount or it was your fault. Since your car is new, NCB must be pretty hefty amound and above all, it was not your fault, please pursue legal action and atleast get compensation for NCB and the hardship that you will encounter till the car is in the workshop for repair.

[mithun]

1. The service center will ask for these: RC, DL and Insurance(all original) and they will keep it till the claim process is over. They will also ask for the GD(General Diary) entry from Police; but this is optional.

2. You don't need to show the video.

3. You can file a case against that vehicle driver or owner

4. Its a very simple process, nothing to worry.

[IamYogi]

Thank God that you & your family is safe and you missed a major one because of the irresponsible mini truck driver. Looking at your pictures it seems it can be repaired by a experienced dent repairer. Paint match would be tricky though. Since you've bought the insurance from the dealer, he should be able to help you out with the claim process. But make sure to inform your insurer within 48 hrs. Wish you can get your car back on road sooner. Happy & Safe driving.

[DrVjy]

Originally Posted by asitmonty

Hi guys,
Fortunately, I had invested in a dashcam (thanks to the forums here) and so have the incident, the number plate, etc on video.

Just noticed the post now. Guess most of the legalities have been completed by this time.

Was highly prudent of you to have a dashcam that captured just what you needed: the offending vehicle with its number. Feel bad that you had to experience this, in a new vehicle. Great that nobody got hurt and the vehicle itself was only dented partially. Still, I know how you must have felt and are still feeling. Be brave though, the law is fully on your side.

This is the prime hazard on such of our highways that don't have any divider. While we of course never desire it, imagine how much worse this accident might have been if at night!! The moral is to be highly anticipative on undivided roads. Honk on the slightest anticipation of danger, well ahead and flash your headlamps all as warnings to any such idiotic driver. I couldn't see either of these happen in the video, that may have saved the day for you.

[asitmonty]

Originally Posted by DrVjy

Guess most of the legalities have been completed by this time.

Yes, everything is done now.

Originally Posted by DrVjy

The moral is to be highly anticipative on undivided roads. ... I couldn't see either of these happen in the video, that may have saved the day for you.

Agree with you 100%. Unfortunately, wasn't me driving. I think I would have gone to the curb as soon as I noticed anything odd. As well as slow down to at least 30. As much as I would have hated letting the mini truck push me out on the curb, I care more about avoiding this pain/loss than showing ego on who's right.

Originally Posted by lapis_lazuli

do not sign the SATISFACTION VOUCHER while filling the claim. They will invariably slip it up but it is to be signed AFTER the job is done to your satisfaction when claiming insurance. They will say : "Saar delay hoga" you say you are OK with the delay. It is just a trick. Finally, they may deduct a "salvage" :

I wish you could have responded sooner.
I barely avoided this since I read the documents and don't trust any business. They had asked me to sign the page and when I questioned they gave the exact same reason - "avoids delay". And I said "I will come over as soon as you are ready, do the inspection and sign it". But then my insurance surveyor said that this can be done on the link HDFC Ergo sent me, and we didnt need any physical form after all.

[asitmonty]

Originally Posted by asitmonty

Thanks in advance for any inputs

Thank you to all who provided their input and thoughts.
I don't know where best to post the process/experience with HDFC Ergo, so moderators please help if there is a better forum where others can find this info more easily. It does save a few hours and running around if you know the process.

Ideal process that I will follow in future (hopefully never) now that I had one experience:

Time required - All in all, this entire process (step 1 to 5) can be done within 4-6 hours if you don't encounter a hiccup.
In my case, excluding research since this was my first time filing, this took approx 5 hours - 1 hour for phone call with lawyer and FIR online (first time), 30 mins to file claim, 1 hour wait for surveyor to call back, 1.5 hours for the Body shop (including 40 min drive).


0. (Before taking/renewing insurance, always call and check with your preferred body shop about which companies are cashless. I was surprised to see SBI not listed as cashless. Always assumed the big banks would have cashless with major dealers. Cashless reduces the turnaround time by at least 2 days)

1. FIR - After accident, consider if you want to file an FIR. Consider the fact (as some forum members have pointed out), that the other party may file an FIR against you (even if they are at fault). And in general, the party filing the first FIR has a small advantage. Always talk to an accident lawyer before you file an FIR. Lawyer consultations are free. And nowadays online law portals give you plenty of options to inquire.
If you have a dashcam video of the accident that clearly shows fault with the other driver, you should absolutely and confidently go for an FIR.
Most states should be under CCTN (Crime and Criminal tracking network). So you may be able to file FIR online. You can always take back your FIR if you don't want to pursue later. So other than the time factor, I would recommend doing this if it can be done online for your area.
https://citizenportal-op.gov.in

Take into account these factors before you file FIR
- It is possible that you may have to go to the Police station twice. Consider the two way travel and an hour or two at the station.
- Worst case, you may have to bribe the officer if they create a problem for you. Not likely, but don't think everything works well just because you had no fault. According to an uncle who has good friends in police, police will target the vehicle owner that is more likely to be able to pay more. Since i had an XUV, they would target me instead of the lorry driver.

An FIR does protect you from possible counter-filings. In addition to that, this is mandatory if you are not at fault and want to pursue the other party to pay for your loss (especially lost NCB if you used your comprehensive, bodily injuries, or lost work time). The courts typically award for lawyer expenses as well. So in the end, if you win, you likely would have lost 5-10 hours of your time at max.
You DO NOT need to inform insurance that you filed an FIR. So don't inform them on FIR if you are claiming comprehensive.

2. Get repair estimate - Same/next day (or as soon as possible), after you filed your FIR (though it doesn't have to be) get car to the Authorized body shop and get an estimate from the Body Shop Advisor. This estimate is needed for claims file through insurer app. If you call the insurance claims number and file, you may not need this estimate before filing claim.
Prefer the Body shop at Manufacturer authorized dealers if the vehicle is under warranty. Otherwise look for a good body-shop in your area (google reviews) but do call them to confirm if they do cashless with your insurance provider.

3. File a claim - Within 24 hours file a claimwith the insurance provider. Digital modes, through app or website, is preferable since you don't have to fill a physical form. Even if you call HDFC, the message you get after the call has a link that takes you to the digital claim page. Submit your claim on that link. Don't provide any financial info on the next page that shows up. Just hit back button and go back to verify that claim has been filed.
If you are filing a physical claim at advisor, read all pages that you are asked to sign. DO NOT sign the SATISFACTION VOUCHER. If you sign it, you are giving away your rights to a good repair.

I asked HDFC Ergo claims support about any required deadline to file claim and they said it can be done anytime. But the best thing to do is call within 24 hours, or 48 hours if that's not possible. Delay in claims than 48 hours, though allowed, can lead to repudiation since they cannot investigate if they need to.

4. Vehicle receive at body shop - At the body shop, remove everything from your car. A staff member will check your cars and create a detailed pink slip of what is working/not working.
Take a video of the exterior and interior (including the inside ceiling, fuel left in car) with the staff member clearly shown in video. Otherwise they may argue that it was taken at another time.
Check the pink slip, take a photo of that and handover the car.

5. Submit documents - At advisor's office, submit the 4 required document copies - RC, DL, Policy and PAN. Ask for how much time roughly this is going to take. In general, plan to follow up regularly but add a few days buffer anyway. I heard a couple of people complaining on phone that their due date is already past and still not received.

6. Repair estimate and ETA - Within 24 hours, you will get message from the Authorized body shop (assuming they are setup right) on cost of repair and estimated time.


That's all I have so far. Good luck.

[IP_Man]

Originally Posted by dust-n-bones

May not be intentional,

May be! But the way he was driving as if he owns the road, had he not seen the incoming vehicle? OP's car was almost half off the road to allow him pass.

That said, In this situation, one should always honk and flash headlamps if approaching vehicle is not in its designated lane.