[al90]

No matter how safely you drive on our roads, you cant control your fate or others on the road.

Writing this post to get inputs from the experienced members and also to clarify a few questions of my own.

The Trip :
We had planned for a trip back to my hometown in Trivandrum from Chennai via Velankanni on the 14/01 (reach Velankanni) & travel down to Trivandrum from there on 15/01. We had started off around 9 am in the morning, we usually start even earlier as am not a big fan of driving at night, I prefer to drive as long as there is traffic and people on the roads so we call it a day by 10pm, before the truckers are on the roads.

The accident :
So on 14th at around 8.20pm we were nearing a place called Thirukadaiyur about an hour from Velankanni and we were doing 70-80 kms as it was already night and low lighting on the roads plus this was a narrow section of the ECR.

We were about 5kms from Thirukadaiyur when disaster struck, A man on a Bajaj discover coming on the opposite side decided to turn into our lane and right into our car just as we reached the front of the car on the other side of the road. This is the part where am glad i chose the Taigun over the many other options that i had, we didn't feel any vibration or backlash from the hit, the man was riding at a considerable speed as well i assume, all we heard was the sound of the hit and the right hand mirror breaking off, along with the sudden bight light from the headlamps of the bike right in my face from the right and nothing else , my son who was sleeping didn't even wake u, we pulled over to the side and luckily the only other vehicles on the road were a guy on a bike behind the guy who ran into us and a few locals in an Innova behind us ( we were lucky that they didn't cash into us or the motorist).

People started to gather and i got out to check on the guy after moving the vehicle to the side of the road, called 109 and by then the locals on the Innova behind corroborated my version with the other locals that i was not at fault, its a worrisome when a crowd gathers even if you are not at fault. The ambulance took a good 30 mins to reach and a few locals suggested to take him to the hospital in my vehicle, i agreed but a few were against since we didn't know the extend of his injuries other that the bruises we could see, we checked the man he was beathing and then we got the root cause, the man was drunk to the brim , we could smell the alcohol in his breath.

Finally after 30 mins the ambulance and the cops arrived if that man had some serious injury he would have died by the time it took, the cops took the statement from the people in the Innova and the locals and told us to take the car and the family to a nearby town and to drop the family and return the vehicle to the police station, the Taigun was still running no error on the dash except for when i turned right because of the broken fog lamp and the right hand mirror. (this made me really happy with my decision).

The locals were extremely helpful in getting us a place to stay, because it was Pongal the next day hotels were not taking in guests as people were taking rooms to get drunk, atleast that's what we were told, after going in and out of 3 hotels with 2 locals they finally made some calls and got us a room.

The next day:
Now begins my rounds of the police station, called the cop who was at the scene he told that they haven't been able to find the guy and did not get any information on which hospital he's been taken too, by around 11 am i went back to the station post which they took the number of the bike from me and made a few calls to trace the guys wear abouts, now came the talks of how much it would cost to get my car, have the fir filed compensation for that guy, I was lucky to have people help me who made a few calls and finally the cops told me that they couldn't file an FIR without knowing the condition of the guy and told me it would take about 5 days since it was a long holiday because of Pongal.

Now the cops suggested taking the blame as then it would be an open and shut case for them else they will have to treat it was drunk drive on that guy and it might take about 1.5 -2 years to be closed with me having to go down to Thirukadyaiur every time they summon me, and the injured guy might get some compensation, nothing for me as the guy riding didn't have a helmet, no license and neither insurance or any other documents on him, i protested, but later agreed as this was the best option as suggest by a lawyer friend and this is the norm.

The aftermath:

We didn't return to Chennai we went ahead to Velankanni as the misses suggested, we were originally heading there to offer prayers for my deceased father. We returned back to Chennai via cab on 16/01 and waited for the call from the cops.

Finally got the call and went back to pick up the car on 19/01 with a friend, there was some minor hiccups but finished at the police station with the FIR took the car to the ME at the RTO and then we drove it back to Chennai.

The Taigun didn't even feel like it had been it an accident still handled just as well aside from the increased wind noise and also a minor heaviness on the steering, which am not sure was with the car or something physcological.

Drove it to Chennai and gave it to the Volkswagen Madras Alandur service center on 20/01.

The Service Centre (VW Madras Alandur)
They took the car and told me an estimate of 1.3 -1.4 Lakhs , i had already initiated a claim with the insurance. They made me fill out a claim form and also a satisfaction letter, the latter which I wasn't very happy to sign without seeing the work done, but on the service centers insistence I signed as they told me else I have to pay from my pockets and claim from the insurance. For some reason they kept insisting on polishing the car which didn't fall under the insurance i told them that the car was anyways due for its second service so polishing can be done post that if required.

Tata AIG insurance has been hassle free up until now, will keep you updated on the details as things progress, I have comprehensive insurance with addons for consumables and hotel stay and transport and also with engine protect.

So what's giving me restlessness is that the body shop manager told me that it would cost 1.3-1.4 Lakhs and i will have to shell out 3-4K from my pocket they gave an estimate of 80K to the insurance and yesterday 31/01 they called me and told me it will be 1.5 Lakhs and i will have to shell out 20K from my pocket .

Again insisting on polishing, i told them today 01/02 morning to hold off the polishing until after the 2nd service is done, first repair the car and let me inspect it.

I will keep you all posted on things as and when they progress, attached are the pics, I really pray I get her back the same way as she was before the accident.

If anyone can guide me on the below :

1. What are the things i need to be looking at once i go to get the car from the service station?

2. Is the polishing really needed, does the dealer do a good job (VW Madras Alandur) or would it make sense to give it outside.

3. Am I being too paranoid of not seeing the car while its being repaired, am used to Maruti Suzuki sending me approval requests with pics constantly every time I give my car for service but nothing like that for VW.

[Linuskm]

Originally Posted by al90

Now the cops suggested taking the blame as then it would be an open and shut case for them else they will have to treat it was drunk drive on that guy and it might take about 1.5 -2 years to be closed with me having to go down to Thirukadyaiur every time they summon me, and the injured guy might get some compensation, nothing for me as the guy riding didn't have a helmet, no license and neither insurance or any other documents on him, i protested, but later agreed as this was the best option as suggest by a lawyer friend and this is the norm.

I do not understand you were in the right path not drink and not at fault , the other guy was drunk and coming in a wrong path why should you take the blame. Did the police who reach the accident spot to document the incident ?

Sorry for your loss, I had to face the same situation but luckily the police arrived and asked me to leave. The other person was drunk but luckily he was ok, thank my stars for getting me out on that day.

[al90]

Originally Posted by Linuskm

I do not understand you were in the right path not drink and not at fault , the other guy was drunk and coming in a wrong path why should you take the blame. Did the police who reach the accident spot to document the incident ?

Sorry for your loss, I had to face the same situation but luckily the police arrived and asked me to leave. The other person was drunk but luckily he was ok, thank my stars for getting me out on that day.

They did document the incident, in my case my car was damaged and the other guy did sustain considerable injuries (broken hand and leg), so they couldn't just ask me to leave, To save them time and even for me from investigating they have asked me to take the blame to have it as an open shut case.

[darkfantasy]

I really really hope you know what you are doing by accepting the blame. People change, situations change and what seems straightforward now can result in a lifetime of a legal nightmare.

The alternative I suppose is again a legal quagmire with your car left to rot in the station. I understand the locals from the Innova supported you initially, but that is not guaranteed in a long drawn-out legal process to prove your innocence either. You are stuck between a rock and a hard place :( . All I can suggest is that please properly document everything. Get the hospital report that the other guy was drunk. Involve your lawyer friend in everything and pay him for his time. Wish you to put the entire ordeal behind you and have many more happy road trips.

[libranof1987]

Originally Posted by al90

So what's giving me restlessness is that the body shop manager told me that it would cost 1.3-1.4 Lakhs and i will have to shell out 3-4K from my pocket they gave an estimate of 80K to the insurance and yesterday 31/01 they called me and told me it will be 1.5 Lakhs and i will have to shell out 20K from my pocket

What insurance do you have? If you have 0-dep, your liability should be very minimal, mostly just the processing charge (~1.5-2k). If you don't have 0-dep, it would depend on which parts are being replaced.

Can you confirm, and also post list of parts changed during repair.

Now the cops suggested taking the blame as then it would be an open and shut case for them else they will have to treat it was drunk drive on that guy and it might take about 1.5 -2 years to be closed with me having to go down to Thirukadyaiur every time they summon me, and the injured guy might get some compensation, nothing for me as the guy riding didn't have a helmet, no license and neither insurance or any other documents on him, i protested, but later agreed as this was the best option as suggest by a lawyer friend and this is the norm.

While I understand that there is little benefit in pursuing a case against the drunk man, I do hope you haven't agreed to hitting that man. Are you protected from any claims that man files against you for harm? Do consult your lawyer and ensure you are protected from any liability whatsoever, from that man/anyone else because of this incident.

[al90]

So on the FIR it says that there was negligent driving, so the cops have spoken to the man and any there would not be any claims raised by him, other than the hospital bill being covered by the insurance.

I was a overthinking and worried when the accident happened, so recorded all conversations from the scene of the accident at the police station, or any other conversations relating to the accident, if this doesn't work then nothing else can save me.

Am still waiting for the list of parts and other items , i had asked the workshop and the insurance coordinator for the list of all the parts that have been replaced along with the list of parts that have been repaired.

[IshaanIan]

I think someone had mentioned in the accidents thread that it is not necessary to deposit your vehicle at the PS just in order to file an FIR and that this whole procedure is just a farce to see if one can be looted out of more money.

[SideView]

Originally Posted by al90

[h3]No matter how safely you drive on our roads, you cant control your fate or others on the road.
Now the cops suggested taking the blame as then it would be an open and shut case for them else they will have to treat it was drunk drive on that guy and it might take about 1.5 -2 years to be closed with me having to go down to

This is a red flag for me, just opens you up to cases (or bribery from police) down the line.

Why dont they just get signed letter from other guy saying he has no case/complain towards you and there lays no blame on you and it was just his mistake.

[ninjatalli]

Originally Posted by al90

So on the FIR it says that there was negligent driving, so the cops have spoken to the man and any there would not be any claims raised by him, other than the hospital bill being covered by the insurance.

Well, that's not a very smart thing to do. But you mentioned your lawyer supported this so hopefully he'll be able to help on next steps if the cops come back in the near future.

Am still waiting for the list of parts and other items , i had asked the workshop and the insurance coordinator for the list of all the parts that have been replaced along with the list of parts that have been repaired.

Key question (repeating @libranof1987) - do you have zero-dep cover in your insurance? That will help determine the chunk of payment you'll have to cover on your own.

Tata-AIG are quite professional in their process, however the following point mentioned by you doesn't bode a lot of confidence in VW Alandur. If I was in your shoes, I would follow-up pro-actively (in person or via calls) to get all relevant details - list of parts / work estimated, surveyor approved details, etc and be on top of the process. This is not Maruti.

They made me fill out a claim form and also a satisfaction letter, the latter which I wasn't very happy to sign without seeing the work done, but on the service centers insistence I signed as they told me else I have to pay from my pockets and claim from the insurance.

Btw this is just arm-twisting by the dealership. As long as Tata-AIG has cashless tie-up with the dealer (which is true for most if not all VW dealerships), that's all that is needed for you. See if you can reach higherups and get this letter deleted till they finish the work.

[al90]

Originally Posted by libranof1987

What insurance do you have? If you have 0-dep, your liability should be very minimal, mostly just the processing charge (~1.5-2k). If you don't have 0-dep, it would depend on which parts are being replaced.

Can you confirm, and also post list of parts changed during repair.

While I understand that there is little benefit in pursuing a case against the drunk man, I do hope you haven't agreed to hitting that man. Are you protected from any claims that man files against you for harm? Do consult your lawyer and ensure you are protected from any liability whatsoever, from that man/anyone else because of this incident.

I have requested both the insurance and the service center for the list of parts changed and parts repaired so waiting on that.

Originally Posted by darkfantasy

I really really hope you know what you are doing by accepting the blame. People change, situations change and what seems straightforward now can result in a lifetime of a legal nightmare.

The alternative I suppose is again a legal quagmire with your car left to rot in the station. I understand the locals from the Innova supported you initially, but that is not guaranteed in a long drawn-out legal process to prove your innocence either. You are stuck between a rock and a hard place :( . All I can suggest is that please properly document everything. Get the hospital report that the other guy was drunk. Involve your lawyer friend in everything and pay him for his time. Wish you to put the entire ordeal behind you and have many more happy road trips.

I do know it wasn't smart, but i do have backing so not too worried and also just to cover myself have voice recorded the entire incident from the time of the accident to every police station visit.

Originally Posted by ninjatalli

Well, that's not a very smart thing to do. But you mentioned your lawyer supported this so hopefully he'll be able to help on next steps if the cops come back in the near future.


Key question (repeating @libranof1987) - do you have zero-dep cover in your insurance? That will help determine the chunk of payment you'll have to cover on your own.

I do have zero dep cover in my insurance.

Tata-AIG are quite professional in their process, however the following point mentioned by you doesn't bode a lot of confidence in VW Alandur. If I was in your shoes, I would follow-up pro-actively (in person or via calls) to get all relevant details - list of parts / work estimated, surveyor approved details, etc and be on top of the process. This is not Maruti.

Btw this is just arm-twisting by the dealership. As long as Tata-AIG has cashless tie-up with the dealer (which is true for most if not all VW dealerships), that's all that is needed for you. See if you can reach higherups and get this letter deleted till they finish the work.

There is a cashless tie up and I have no option to follow up as am not in Chennai presently, i have been following up of phone and the insurance surveyor has been helpful in sending me updates and pics of the work. I will be returning back the coming weekend to check, for now they have informed that there is still 2 days work pending, i can share pics of the current state.

[iamswift]

Good that no untoward incident happened to your family and the opposite party.

The accidents handling showcase the pathetic state of law enforcement and judiciary in India, time and again. If anything, this should be top most priority for reforms.

Wish you best to come out of this at the earliest.

[chaitanyakrish]

Glad there are no fatalities/severe injuries. Please install a dashcam in the car, once it is back from service center.

[Sedate_Drive]

Could a dashcam video avoided you taking the blame?

[al90]

Originally Posted by Sedate_Drive

Could a dashcam video avoided you taking the blame?

I doubt a dashcam could have helped me because :

1. It was dark with no street lamps not many vehicles. When the accident happened it was just me, the Innova behind and the bike on the opposite side.
2. Am not sure if the impact would have been captured fully on the as the drunk rider suddenly turned into our car the moment he came right next to us, he may not have gotten in the field of view of the camera.

The camera would have proved that i was not in the wrong which would have definitely helped if the camera had good night visibility.

[Meph1st0]

Glad that you and your family are alright.

Regarding insurance if you have bumper to bumper cover, you should not have to pay more than 1~2k. 20k seems very high. Ask service centre folks to provide the surveyor's phone number and check with him the reason for 20k. Maybe the surveyor is not approving some change.

I am no legal expert but you could have gotten in writing that the two wheeler guy would not be pressing charges. Does the FIR have statements from Innova passengers and locals or the fact that the two wheeler guy was drunk and driving with insurance?

Please get a dash cam. It is a life saver. In your case may be the impact would not have been fully captured but at least you would be in the clear.