[The Rainmaker]

Sorry to read about what all you had to go through and glad that you're happy at the end of the day. I pray no one should ever have to go through such a hassle or be faced with such a situation.

I had a few points to share with you from my own experience:

1. Indian Police shouldn't exist in the first place because they're just a burden and an unnecessary cost to the state only there to fulfill their own selfish interests. Because in times of need it is the Defence Forces that are always called to action. I've faced different sort of situations with the Police (Once like this as well) and they only blame the one with an expensive car even if you're Right! So, it's better not to expect anything from them at all. Been there, done that. Though exceptions are always there.

2. Insurance companies will always try to shift the blame to you or the dealer. So, it's always better to have good relationship with your dealer and always go through them for any claim. Only get involved once the claim has been registered for getting as much value out of it as you can.

3. Despite all the big talks going on about the progress and democracy, it is still a pity that in our country we don't get any sort of "compensation" for wastage of time and the harassment faced due to such unfortunate events let alone our rightful insurance claim. It only makes me wonder, have we really progressed and does a common man still have any rights?

4. Just an advise for future - India's population is only increasing by the day with no respite in sight, which means the level of patience and tolerance of drivers is mostly low because driving itself is a hassle here due to the kind of traffic we have. So, all I'd say is we have to account for others' wrong decisions and miscalculations on the road and better to stop and let them go and give them the benefit of doubt always and everytime.

Hope you keep enjoying your beautiful ride as always and man that's a Hot color. Love it! <3

[TallBoy]

I have a question here. Does third party insurance also pay for damages sustained to the other vehicle or is it only meant to cover loss of life and such other grievous cases where people are involved?

If third party insurance is supposed to cover damage sustained to vehicles, what is the due process for filing a claim and making the guilty party's insurer pay for it?

Thanks in advance.

Originally Posted by sudeepg

Why didn't you insist that the third party insurance of the tempo traveller pay for your damages?

[sudeepg]

Originally Posted by TallBoy

I have a question here. Does third party insurance also pay for damages sustained to the other vehicle or is it only meant to cover loss of life and such other grievous cases where people are involved?

If third party insurance is supposed to cover damage sustained to vehicles, what is the due process for filing a claim and making the guilty party's insurer pay for it?

Thanks in advance.

From the IRDA Website. Check the part which is in italics

What Motor Insurance cover should I buy? Should I buy Comprehensive Insurance or Liability Policy only?

Third Party Liability insurance is mandatory for all vehicles plying on public roads in India. This covers Liability for injuries and damages to others that you are responsible for. In addition, it is prudent to cover loss or damages to the vehicle itself by way of Comprehensive/Package policy, which covers both “Liability” as well as “Own damage” to the insured vehicle. Liability Only cover is also known as Act Only cover.

So this means it is mandatory for all vehicles plying on the roads + it covers liability for injuries and damages to others


What are the documents that are required to be submitted for a Motor Insurance claim?

Generally, the following documents are required to be submitted. However, read through your policy to see the complete list—duly filled in claim form, RC copy of the vehicle, Original estimate of loss, Original repair invoice and payment receipt. In case cashless facility is availed, only repair invoice would need to be submitted and FIR, if required. For theft claims, the keys are to be submitted. Theft claims would also require non-traceable certificate to be submitted.

IFFCOTOKIO

The process to Claim Third Party Insurance
To get compensation from the insurance company, the policyholder must comply with the claim rules. The process to claim third-party insurance involves the following steps:

• First and foremost, the insurance holder must inform the insurance company about the accident within the stipulated time, as mentioned in the policy document.
  
• The policyholder must file an FIR at the nearest police state from the spot of the accident, and get a copy of the same
  
• File for a claim with the lender – fill the form, comply with the necessary documents requirement
  
• Following the claim file, the insurer will send a surveyor to assess the damage and verify the estimated cost. Post assessment, the surveyor files a report
  
• Based on the report, the insurer settles the claim

Inclusion / Exclusion of third party Insurance Plan
Inclusions

Third-party insurance offers protection against damages to the third-party by the insured vehicle. It covers physical injuries, damages to the vehicle, damage to the property, and death.

Exclusions

• Third-party insurance does not provide any compensation, if:
  
• The accident was caused due to drunken driving
  
• The driver is underaged or was found guilty of driving without a valid driving license
  
• The accident was a deliberate act
  
• The vehicle was used for any commercial purposes or illegal activities
  
• The vehicle gets stolen

[Sahil]

I have never seen cake cutting being done for delivering a car after repairs. This is the service center's way of sucking up to make their foul play over the bumper.

[vattyboy]

Originally Posted by sudeepg

Why didn't you insist that the third party insurance of the tempo traveller pay for your damages?
Clearly, police and the traveller folks knew you didn't know about it and they played their game.

Of course, I know about 3rd party insurance, it very normal thing for a person to know and here I am bhpian. I have already mentioned that I just wanted to teach him a lesson and i was not interested to get compensation plus claiming 3rd party from him would require more time, more documents like FIR, more efforts etc. I wanted to get my car repair immediately.

Originally Posted by The Rainmaker

1. Indian Police shouldn't exist in the first place because they're just a burden and an unnecessary cost to the state only theto fulfilill their own selfish interests.

3. Despite all the big talks going on about the progress and democracy, it is still a pity that in our country we don't get any sort of "compensation" for wastage of time and the harassment

4. Just an advise for future - India's population is only increasing by the day with no respite in sight, which means the level of patience and tolerance of drivers is mostly low because driving itself is a hassle here due to the kind of traffic we have.

Hope you keep enjoying your beautiful ride as always and man that's a Hot color. Love it! <3

Yup never met someone in my life who told me that Indian Police helped them.

Thanks, man! CLA looks best in RED!
If CLA was not offered in red colour then I would have picked C class, C class was only 3 lakh more expensive.

Originally Posted by Sahil

I have never seen cake cutting being done for delivering a car after repairs. This is the service centers way of sucking up to make do their foul play over the bumper.

It was my b-day that day. And from 10 days before I told them to deliver my car on my birthday that's why! But yeah what you are saying may be somewhat true.

[Slow_Driver]

Dear Vattyboy,

I have been reading team-bhp for a really long time and have registered myself solely to respond to your post, as it caused me alarm and disdain.

You are clearly in the wrong! What’s surprising is that no one has pointed it out so far, and your seemingly illegal conduct seems to be making you proud.

Please allow me to elucidate.

“Personal liberty” is a paramount concept under our legal system.

No one can be deprived of personal liberty except according to procedure by law.

There is also a concept of wrongful confinement which is a criminal offence, and also illegal detention.

By your own admission, you called senior police official to exert influence and “made them stay inside”. This is illegal. To top it off, you are displaying your conduct on this forum, that too proudly to the cheering of others. Your attempts for recover money may also be alleged to be “extortion”

You and your senior police officer, and also the police at the station would have been in serious trouble had those people been more aware of their rights, or worse, had this taken place in a developed country, where is is likely that you may have been arrested by now!

Do note that you giving him a “piece of mind” may also be an offence, depending on how you delivered it. You have NO right to berate people. Yes! Even in this situation.

It may surprise you, but what the police said is right.

It’s a matter of insurance, and you can’t claim money from the other person. You can certainly “ask” but not claim it a matter of right. Also, the policy can’t force the other party to make payment. If you think you deserve payment, go file a suit.

The work of police here is to take note of the reported incident and investigate and see if any offence is made out.

You have not mentioned anywhere that you registered any FIR or even made a complaint! In you subsequent posts you also claim that you “of course” knew about insurance but you didn’t want to register FIR. And you expect the police to be believe you? Why should they not believe the tempo driver? After all, they are supposed to act fair and neutral and investigate basis evidence, including witnesses. It’s your word against his! You may be right, but you can’t expect the police to take your side without a through investigation.

Once again, in case of a road accident neither party is obligated to pay the other party, merely because it’s demanded! Not even for loss of NCB!! Surprised?

Did you call the insurance company right from the spot of the accident. Seemingly, you didn’t!

What you should have done is:
1. Checked for injuries. Just because the other person “allegedly” hit you, doesn’t mean you don’t do this.
2. Call the police and call the insurance company
3. Move the car from the spot only if so advised by the insurance company. For example of its blocking the road they may ask you to move after taking pictures, else wait for instructions. They will likely ask you to take many pictures and videos.
4. #3 is for a reason, and it helps the insurance company to ascertain of the other party’s insurance should contribute and who was at fault
5. Register FIR with the police
6. In no case try and influence the police process using external influence, which is illegal.

I see a lot of “this is India” “this is how things happen” style comments here, but if everyone thinks like that, and no one stands to principles and does the right thing, this country is going to remain where it is. This is a country where people have given their life for upholding their “principles”, and here the slight discomfort gets people to break the law and extort, and the proudly display their reach and influence.

Please don’t take this post in the wrong way, and even if you do, I hope it’s of help to others reading.

Of courses, everyone driving is an adult and have their own personal liberty to decide for themselves.

Best regards,
Slow_Driver

[arpan_spark]

From the very first moment after the accident my goal was not to get compensation from the tempo traveller people but to teach them a lesson so that they don't repeat these things on other citizens.
This is why I made them stay inside the police station till the evening and I gave them mental tension and pressure. After realizing on day 1 that the police were with them, I contacted my family friend who is a high-ranked police officer. With his help on day 2 again I called the guides and driver at the police station and made them stay inside till the evening and I didn't go to the police station on day 2. After these 2 days, they said sorry then only I let them go.

Yeahh. In India, people don't accept their mistake even if all fault is clearly theirs and start arguing. And mysteriously they find other people who come to support them! Similar thing happened when my Tiago's bumper came out clips when hit slightly by a guy walking his bike. Started arguing with us. Thankfully there was 0 damage.

[ssathiyanarayan]

Hi vattyboy,

First off all, a big sorry for what has happened with you. With regards to how the things went with insurance claims at your dealership, nothing to say. I thought that normal people like me will be the ones fooled by the SC at the OEMs. It seems no luxury car brand owner is safe from this. Finally, it seems all are sailing on the same boat. Your SC seems to be a big and proper goof-up guy. Stay clear from them and pay proper care to the works done by them on your car. The resolve to teach people a lesson is good but slightly reconsider the means deployed. You could have used the same influence to make the Police file a FIR, make the tempo traveler driver pay for your claims through his insurance. Get yourself a dash cam, it's worth the investment. The dash cam would have avoided the unnecessary hassle with the Insurance agency during claims. Drive with a light foot and a big heart.

[funkydude]

Boy now that's a nightmare and I wish no one ever has to go through the trouble from the insurance companies and the dealership.

You did the right thing through your police contacts and made the traveller guys regret it. Hope they learnt their lesson well.

Police in these situations avoid filing an FIR.

The same happened to me once when a bus hit my Ford Ikon. Since it was a school bus and there were teachers and students, I was a bit soft. Instead, I asked the bus driver to hand over his license and registration and meet me at the police station after dropping the kids. The matter was resolved as the police asked the bus driver to mutually resolve the matter by compensating me for the damages.

I generally avoid getting into a conflict with these people and if the damage is minor then I let go after giving my piece of mind else take action as per the situation.

[goenkakushal]

Originally Posted by sudeepg

Why didn't you insist that the third party insurance of the tempo traveller pay for your damages? This is often an overlook point that no car on road should ply without third party insurance and in the event of an accident, the one who caused the crash should use the third party insurance to pay up for the victim's loss. You should have asked for an FIR and have the tempo traveller insurance pay up for it. If they don't have valid insurance, then it is criminal liability and they would be on the hook for not having valid insurance.

Clearly, police and the traveller folks knew you didn't know about it and they played their game.

Third party insurance is a good point, but unfortunately in India its only a sham.
The process of third party claim is so complex that you may end us spending more time and money than the claim amount.
We all have been paying Third party Insurance premium since years, but has any of us got any claim for Third party insurance?
Probably it may work only in case of some fatal bodily injury.

If anyone has experience with Third party claims please share, I would be happy to correct my views.