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-   -   Freak Accident - Insurance Claim - Some Queries (https://www.team-bhp.com/forum/indian-car-loans-insurance/62386-freak-accident-insurance-claim-some-queries.html)

Hi All,
Recently my brother in law met with a tragic accident.
Attached pictures will give you an idea.
How it happened - my BIL was crising at speed around 50kmph at one of roads in Greater Noida and suddenly a truck banged the car from left side. The car jumped the divider and went 200m away inside the fields.
There were one more occupant in the car besides my BIL.
Both my BIL and his friend were unconcious and some good fells tool them to the hospital.
The intensity of the impact can be judged by just having a looki at the pics.
Luckily my BIL had just some stiches in head and his friend(whose side the truck hit) just had collar bone dislocation.
More on the details later on.

Now the query.
1. My BIL had taken two claims earlier in this financial year and the Showroom Guys are saying that the Third Claim in a financial year cannot be CashLess.
Is that true? Is there any such policy?
The Insurance if from IFFCO TOKYO.
2. The service advisor is asking for an FIR copy. We were reluctant to file an FIR(and even the Police was). Reason being put as that since the claim amount will be huge (close to 1.5-2 lakhs), the surveyor would ask for it.
Is it necessary to furnish the copy of FIR?

Jesus christ, that car should be written off - the chassis itself would've been bent. the A pillar is gone

Tell your BIL to Thank his stars. I unfortunately know of people who've died in a Swift in similar but much less severe accident.

You are right, that car is a wreck. It needs to be written off. My limited knowledge of insurance law suggests that FIR for that purpose is not necessary. But on an unrelated note, why not file an FIR ? It is the truck drivers fault ; why let him get away to do more harm?

I find it difficult to understand why they are reluctant to file an FIR!

As per the service advisor, the complete shell along with the two left doors will be changed. Then all other things will be fitted accordingly.
This all is based on first glances and the fact that the two doors on the right are intact.
Whether something with chasis needs to be done can be said only once the surveyor has surveyed and the car is pulled up on the lift.

Also, in case the car gets written off, the service advisor said that the amount we will get would be around a lakh less than the insured value of the car.
Current IDC is 3.77 and so we might get aorund 2.5 Lakh.
This would be quite a depriciation since the car is only around an year old.

What do you suggest for the same? Whether the car should be repaired(cost may be around 25-30k) or if given an option, should be written off.

The reason is that once they have filed an FIR, it will have to be taken up as a case.
An investigation will have to be done and results will have to be produced(an un-necessary burden on Police whose work is rather to extract money at every opportunity, we paid a couple of 100Rs. to convince then to write FIR and still.) Anyhow that's a different story altogether.

Boss,

I am completely shocked at your thoughts.

A car with a damaged chassis will never be safe again. Neither will the structural integrity remain.

The next time it meets an accident, it may be worse for passengers.

For such a heavy impact, I am quite happy to see that its held up well. Be happy that nothing major happened to your folks. That itself is many many times worth the 1L you'll lose in IDV. Please think. Jaan hai toh jahan hai. Don't stretch luck

Please register the case with the police ASAP.
After that call up your insurance company helpline and report the accident ASAP.
If you were to write off the car you will get the IDV (- about 5%) no way will you loose 1L on your IDV.
A new shell is = a new chassis = car as good as new.

I hope wise sense prevails on your BIL, IMHO this car is a TOTAL and should be sold to people who buy written off cars so that they could dismantle and take parts which are reusable.

This car is absolutely not safe any more. Do get a second or third opinion on how safe the car would be after this major repair, there will be always some or other issues starting haunt the user of this car hence forth.

What ever the decision be, please keep us posted and would be very keen to see the progress.

FYI, those people buy such cars and remake them i.e restore them to original form (in this case they wont buy a new shell but they will repair this one!!)
Now those cars are the ones which you should never buy.

1) Forget about repairs. The car will not be able to have its original strength back. This is unitary construction. It saves you well, but loses its original strength in the process. I admire Citroen now.

2) About the insurance queries, post on this thread too :
http://www.team-bhp.com/forum/indian...ce-ask-me.html

Car is a total wreck and would be dangerous to drive even if repaired. Your BIL was lucky to have survived. I think the FIR has to be filed for a major claim. Insist on a claim of 'total write off'.

Rather than worrying on the loss factor, your BIL should thank his stars to have survived. Incidently what happened to truck driver. Did he ran off. If somebody managed to take down the truck's number, a FIR should be filed against the truck owner and driver and they should be made to pay the losses. FIR should have been filed immediately after the accident but now should be filed ASAP. Take advice of some lawyer also

Guys, getting a new shell is different from "repair" !
it would be a brand NEW shell from the company itself.

Why should you worry about the burden for Police when it is their duty?
And is there any possibility of getting the insurance claim without a FIR / case registered?

We are not sure whether or not the chasis is damaged. The shell I am talking about the Car's upper body. In that two old doors will be tried to be fitted and two new doors.
Insurance company has been informed.
Filing an FIR is involving a lot of hurdles.
1. The car will be taken by Police and has to be released after initial investigation is done.
2. Even though we can catch of the driver, what will we do of him? We know it is the truck of one of the contractors in the nearby areas. We are thanking our stars and dont wanna get involved in numerous court visits.
We just want our car back.(new or old repaired, whatever is the best option)

I know that once damage of such extent happens, the original strength is lost. But since we will be getting a complete new shell, so I suppose the body's strength will be that of original Car.
I am actually waiting to see the damage to the chasis which will be analysed on Monday.

One visit to the Police station reveals all what Police is interested in.

UPDATE: -
I called up IFFCO TOKYO and also went through the insurance docs.
The FIR/Police panchnama is required only in case of Third party damage/death/injury.
Waiting now for Surveyor's visit.

Thanks all of you for your support and wishes.
Will keep you updated as and when things unfold.

Sorry to hear about the shocking accident. I was aghast in horror when I saw the pics. Thank the almighty that you both escaped with your lives. I do not understand why you are relectant to file an FIR. Yes, I agree that you will have to go through a few hassles, but its well worth it. You cannot get an insurance claim filed for such extensive damage without an FIR. So get that filed ASAP.

I would not go in for repairs of the car considering such extensive damage. Considering that the monocoque shell has such extensive damage, it would have lost its structural integrity and will be very unsafe in the event of another shunt. Not to mention the rattles and squeaks that will crop up post the repairs.

Get a total write off claim filed by your insurance company and use the money to buy a new car. Do keep us updated.