[kkashwin]

Hello All,

My first post on Team-BHP and pity its on accidents - but I guess they are just part of our life on Indian Roads

Just wanted to check what to do if you are in the other end of the blame game. What if it really is your fault. Can someone please advise what is legally required in the following situations?

-- You bang in to someone's car (mistakes do happen). You agree its your fault - can you just request your insurance company to pay for the damage rather paying up personally (assuming it is a major damage)?

-- More deadly scenario - somebody is hurt - you take care of the initial first aid - beyond that what are the legal requirements? Please tell me beyond humanitarian grounds - Indian road rules seem to say that all pedestrians are inherently innocent. What if an idiot jumps the median and falls in front of the car? What is your liability and how do you get out of the crowd (helping the guy to the extent possible)? Practical help please

Thanks!

[rrsteer]

Originally Posted by kkashwin

Hello All,

-- You bang in to someone's car (mistakes do happen). You agree its your fault - can you just request your insurance company to pay for the damage rather paying up personally (assuming it is a major damage)?

I have the same question.

My sister (who just got a license a month back) hit a VW Vento with her car. The Vento is new. The owner was understandably heart broken. And not so much as to take advantage of the situation, but just because he doesn't want to repaint a new car, is asking us to change the doors of his car.

Now the damage to the Vento is not much. It was hit at parking speed by a M800. The left side doors of the car have a running dent/chip. But something which looks like a simple denting and painting job.

I want to ask, in this case what is my obligation? If the owner demands new doors for his car, do I have to, have to agree to him? Also the owner is saying that he will not use his insurance policy, as that disturbs his NCB. Is he right in doing that? Because if he doesn't use the insurance, I'd be expected to pay the whole amount. So what is the actual obligation for the party who grieves the other party.

[SDP]

Originally Posted by rrsteer

I have the same question.

My sister (who just got a license a month back) hit a VW Vento with her car. The Vento is new. The owner was understandably heart broken. And not so much as to take advantage of the situation, but just because he doesn't want to repaint a new car, is asking us to change the doors of his car.

....
I want to ask, in this case what is my obligation?
...

Accidents do happen and third party insurance component of your car's insurance is supposed to take care of any damage caused to others cars and property.

So I would suggest do not agree to replace the doors. If the Vento guy does not want to go to the court, you can offer him to pay for the difference after his insurance company has picked up a siginificant portion of the repair bill. He would lose his NCB and you can offer to pay that as well (for the first year).
If the Vento guy is no mood for claiming under his own insurance, ask him to proceed with a FIR and a court-case.

[mjumrani]

This happened yesterday around midnight.

I was driving on the Defence Colony flyover and was overtaking a car from the correct side with more than enough gap between us.

The driver banged into the side of the rear bumper and my car swayed to the side. Instinctively I tried to get it in a straight line again and hit the bike in front of me (he was drunk and swerving), and the biker fell off his bike.The car zoomed away, but out of concern of the biker I had to stop, so I did.

The biker was alright and mostly unscathed with minor damage (mostly paint from what I could tell) to his bike.

After helping the guy up and his bike, he started shouting and said he will call the police unless I give the money for repairs. I told him to go ahead since I know it was not my fault and I will not be giving him any money. I wasn't surprised when I noticed his breath smelled of alcohol, so when he failed to intimidate me he just left after lots and lots of cursing.

Now here is the thing, the alternate sides of both my bumpers are scratched up though they are still in place and locked.

I have Honda Assure Insurance (which is Bajaj Allianz) with Zero Dep cover. Only thing is I am very busy with hardly any time to take the car to the service centre and I need the car everyday to go to office which is in Greater Noida.

Should I claim for insurance and get it repaired or let it be?

[SedatedDrive]

Had a minor accident today morning with a Maxi Cab that scraped my car's bumper in front of 2 Traffic cops at a crowded junction. The repair cost is estimated around 2k. The cab guy told me to go ahead file a police complaint or take his offer to repair it outside.

I spoke to my parents on what they thought:
Dad said file a complaint. Mom said don't file as you will likely only lose money to the cops.

I just went to Police station and got a record of the accident in their registry book. The cop suggested I can use their 'VIP Insurance process' to quickly avail of compensation of the other party. Just from the look of the cop, I knew they were out to make a quick buck. I told them I will come back tomorrow and talk to them.

Owner of the maxi cab gave me wrong number. I tried calling the number on the spot but my S2 battery died on me and was not able to take any photos of the accident.

Mom believe since its a minor accident, that I should let it go. But I have this very bad feeling about letting a wrong go unpunished. About being cheated. About not being able to rely on the authorities. About the whole deja vu of the every day Indian system. To compromise would be akin to letting myself down.

I wish we had a system to black list rogue cabs.

[sindabad.sailor]

A family frined runs a school. Today due to heavy wind, her advertising board flew off and landed on a person's car's rear windshiled shattering it to pieces.
The car owner is demanding compensation. The school belongs to a friend who purchased a car from me and hence called me to check what she can do.
I asked her to talk to the guy and mention that his insurance should take care of his damage. He told her that since glass is covered depreciated, the difference she has to bear.
Is she lagally bound to pay the differece?

Anyways, any help to her?

Rgds.

[SDP]

Originally Posted by sindabad.sailor

A family frined runs a school. Today due to heavy wind, her advertising board flew off and landed on a person's car's rear windshiled shattering it to pieces.
The car owner is demanding compensation. The school belongs to a friend who purchased a car from me and hence called me to check what she can do.
I asked her to talk to the guy and mention that his insurance should take care of his damage. He told her that since glass is covered depreciated, the difference she has to bear.
Is she lagally bound to pay the differece?

Anyways, any help to her?

Rgds.

Purely from a humane perspective, she should pitch in for at least part of the difference. Unless the car is from a super luxury segment, that difference amount is not going to be huge.

Although I am not a legal professional, from my understanding, if the accident could be attributed to negligence from the school, then the car owner could have a case. But your friend could always take relief in the efficiency of the Indian legal process.

[alpha1]

I thought glass never depreciates - and you get full value from insurance.

Its metal that has wear and tear - and plastic that is not covered.

[hrman]

Originally Posted by alpha1

I thought glass never depreciates - and you get full value from insurance.

Its metal that has wear and tear - and plastic that is not covered.

This is my info as well. Glass is usually not depreciated. I think she can safely ask him to claim for insurance and offer to foot the differential. it should not amount to much.

[rrsteer]

Originally Posted by rrsteer

My sister (who just got a license a month back) hit a VW Vento with her car.

Hello, my sister at work again. This time she hit a motorcyclist. This happened on the Diwali day. After picking up groceries, as she was about to make a right angled right turn, she rammed into a biker who was doing good speed (not very high but maybe in his 40s)...The biker had minor injuries and his bike had a few dents and bents. My car (the car is in my name and is a M800) had its front bumber torn in 2 pieced, had its bonnet, radiator and condensor replaced and yes my sister was unhurt.

A large crowd gathered at the side and turned against my sister ( mostly because she was in a car and hit a biker). Everyone started demanding compensation from us. Now being Diwali, I didnt want to waste much time on this and settled the matters temporarily by giving the biker 1000 bucks.

In my view, it was a case of no ones fault or the blame lied equally, but I had to suffer more monetarily. Now the biker is contacting me again to pay for the remainder amount, after having his insurance co pay whatever they had to for the damages to his bike.

I wanted to ask what should I do in this case. If i sternly tell the biker that I will not pay a single penny more, what actions can he take against me? What I want to avoid is any police interference...because my experience has been that the police irrespective of who is wrong, tries to milk the party who seems wealthier. Please advice.

[abdriver2000]

Originally Posted by rrsteer

Hello, my sister at work again. This time she hit a motorcyclist. This happened on the Diwali day. After picking up groceries, as she was about to make a right angled right turn, she rammed into a biker who was doing good speed (not very high but maybe in his 40s)...The biker had minor injuries and his bike had a few dents and bents. My car (the car is in my name and is a M800) had its front bumber torn in 2 pieced, had its bonnet, radiator and condensor replaced and yes my sister was unhurt.

A large crowd gathered at the side and turned against my sister ( mostly because she was in a car and hit a biker). Everyone started demanding compensation from us. Now being Diwali, I didnt want to waste much time on this and settled the matters temporarily by giving the biker 1000 bucks.

In my view, it was a case of no ones fault or the blame lied equally, but I had to suffer more monetarily. Now the biker is contacting me again to pay for the remainder amount, after having his insurance co pay whatever they had to for the damages to his bike.

I wanted to ask what should I do in this case. If i sternly tell the biker that I will not pay a single penny more, what actions can he take against me? What I want to avoid is any police interference...because my experience has been that the police irrespective of who is wrong, tries to milk the party who seems wealthier. Please advice.

How much is the biker asking for? If he has claimed insurance, ask him what amount he had to shell from his pocket, ask for receipts etc?
If he has genuinely spent, try discussing with him and agree on a figure. Pay the remaining amount by cheque/cash and ask him to acknowledge as final settlement.
If he does not produce receipts, he is probably trying to extract the maximum possible. Even if he got his bike repaired at a neighborhood mechanic, he can atleast get bills for parts.

PS: My car was 4 days old when it got rammed. The owner told me that he will not pay a single penny! I managed to get him restore my car to showroom condition at his expense and I never went to the police. If he is right and has patience, he can eventually get you to pay for it. If he is at fault, he might go for a walk.

[rrsteer]

Originally Posted by abdriver2000

How much is the biker asking for? If he has claimed insurance, ask him what amount he had to shell from his pocket, ask for receipts etc?
If he has genuinely spent, try discussing with him and agree on a figure. Pay the remaining amount by cheque/cash and ask him to acknowledge as final settlement.
If he does not produce receipts, he is probably trying to extract the maximum possible. Even if he got his bike repaired at a neighborhood mechanic, he can atleast get bills for parts.

PS: My car was 4 days old when it got rammed. The owner told me that he will not pay a single penny! I managed to get him restore my car to showroom condition at his expense and I never went to the police. If he is right and has patience, he can eventually get you to pay for it. If he is at fault, he might go for a walk.

Ok, so the perspective I have is that my sister had in no way wronged the person more than he had. (my sis had just started to roll and was still in 1st gear) At that point of time, a roadside crowd had gathered at the site and their intention was to fleece the wealthier party. Given the festivities at home, the unruly crowd and most important since my sis was the middle of all this, I just wanted to get out of the situation as soon as possible...and hence made the payment to him to wriggle out of the mess.

Another place and another time, I would have not paid a single penny. So my question really, is, what can he ( the biker) do that can involve the police....even when its a week since the accident occurred and nothing is in books. So, can he still go to the police and in that case what would fall on me?

The absurdity in all this is that I don't want police to get involved..infact I fear them (essentially aren't they recruited to be the righteous authority in matters like these?), because the police in my state (Punjab Police) are notorious of running an exchange. Where more complex the problem, the more they harass.

[abdriver2000]

Originally Posted by rrsteer

Another place and another time, I would have not paid a single penny. So my question really, is, what can he ( the biker) do that can involve the police....even when its a week since the accident occurred and nothing is in books. So, can he still go to the police and in that case what would fall on me?

Yes, he can still go to the police. A week's delay can be justified by various reasons. In addition to the accident, he can put in various other charges like causing hurt, cheating etc.

Not trying to scare you, but I would still suggest talking your way through this. I would not risk my reputation or peace of mind for a few hundred bucks.

[mayuresh]

Had a minor accident when the brakes of my 9 year old wagon R failed during a sudden stop.

(A cyclist came in the way of an auto making the auto stop suddenly. Another car hit the auto from behind due sudden stop. My car's brakes made a "khat" sound when pressed with the pedal loosing all the resistance and it dashed into the next car. It was city traffic, speed was slow, 2nd gear. No major injuries and fortunately minimal damage.)

The dashboard on one side and one headlight were broken. From outside that's all that appears to be the damage, besides of course the failed brake.

Due to brake failure the car was towed to Sai Service, which was nearest of the Maruti service centers from the spot.

Hassle 1 (resolved): This is the last month of current insurance policy and the renewal policy was already filed. The operational folks try telling why we can't get insurance money as we have filed the renewal with NCB and all. But after some argument this was sorted out and the renewal was canceled.

In the following questions "They" refers to Sai service. We are yet to get to talk with National insurance who is our insurer.

Question 1: They are yet to provide any estimates of the expenses or even towing charges. They won't tell anything as they are saying they will assess the vehicle only in front of a surveyor. Is this a common practice?

Question 2: They are charging Rs 500 as "claim charges". Is that a practice and is it fair?

For following questions, I read the policy document which is just a single page certificate. (Nothing else was received from the insurance company.) But there is no mention of any of these points. But the service station people are sure that it is like that for any insurance policy.

Question 3: They are saying "cause of the accident" i.e. brake failure in this case is not covered by any insurance. Is that true?

Question 4: They are saying, for plastic, fiber and rubber parts the insurance company will bear 50% damage and for metallic, it will bear 45 % and rest will have to be borne by us. Is that true? (As I said, nothing like that is found written anywhere.)

Please advise ASAP. We'll have to settle the matter by tomorrow.

[shipnil]

Originally Posted by mayuresh

Question 1: They are yet to provide any estimates of the expenses or even towing charges. They won't tell anything as they are saying they will assess the vehicle only in front of a surveyor. Is this a common practice?

Question 2: They are charging Rs 500 as "claim charges". Is that a practice and is it fair?

For following questions, I read the policy document which is just a single page certificate. (Nothing else was received from the insurance company.) But there is no mention of any of these points. But the service station people are sure that it is like that for any insurance policy.

Question 3: They are saying "cause of the accident" i.e. brake failure in this case is not covered by any insurance. Is that true?

Question 4: They are saying, for plastic, fiber and rubber parts the insurance company will bear 50% damage and for metallic, it will bear 45 % and rest will have to be borne by us. Is that true? (As I said, nothing like that is found written anywhere.)

Please advise ASAP. We'll have to settle the matter by tomorrow.

Mayuresh, sad to hear your red Wagon R met with accident. I don't know all the answers, but you could go through multiple insurace threads that we have.

500 rupees is the standard deduction for any claim. In fact for Bajaj Allianz it is 1000. For plastics and rubber, 50% deduction is there. So that point is correct. Also, the claim amount they are not informing is due to the fact that they negotiate with (on higher side) surveyor for the claim. So they don't want to commit you any amount.

Even if you have one pager document, it will be subject to whole lot of policy conditions which you'd find on their website.