PS: Below text I am posting on behalf of my Friend, whose Alto is damaged by some other car owner while it was parked in a Bangalore city shopping Mall. His TBHP account is yet to get approved by Moderators.
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My car met with an accident while being parked in a shopping mall. A young man, who recently bought his new car (spark) pressed full accelerator instead of brake while behind my car. It bumped directly into right side back of my car damaging rear bumper as well as dickey floor and door. My car moved ahead and hit the wall in front, which also caused fold in RH apron and front bumper. RH fender also got folded. We were not inside the car so escaped.
The person accepted his mistake and agreed to pay the repair cost beyond insurance liability plus any loss of NCB. We went to nearest M.A.S.S and enquired about rough estimate from SA. The SA told us around 80K unless there is any mechanical damage, which they said, will be known after opening the parts. So I asked them to get more detailed estimate. They said it will take few hours, so we waited 1.5 hrs and they came with 4 sheet estimate of 1.1L. It was a surprise for me and the person who hit the car started counting his part.
Well not a very happy situation but we enquired again with SA if it will really come this much, so he said it may come less may be 80K but it can go more as well. Assuming/hoping 80K as actual cost we went ahead with the insurance claim, thinking at least 50% (my car is 5 yrs old, 30K, Also LX) they can bear and remaining on us. Their surveyor came and came up with around 80K repair cost as well; with around 35-40K their liability. But they came with totally new option (for me) of settlement i.e. total loss. The car IDV is 1.23L and they decided to sell my car for 1.1L (yes they found some second hand car buyer, who is ready to pay 1.1L) and remaining 13K from their pocket. Giving me reasoning that if we repair our liability will be around 40K where as if we go for total loss it will be 13K. So as per their cost-benefit analysis it will be settled as total loss. Well not a happy situation again.
So, I further enquired about what is the rule of determining total loss vs. partial loss. And they said it’s at company discretion. I requested them to share the policy terms and conditions and they did share it with me. I am not a lawyer but with my understanding of English I inferred the rule as follows:
If the cost of repair is more than 75% of IDV it’s a total loss, else its partial loss.
a. In case of total loss company will pay the IDV less the salvage value.
b. In case of partial loss, company will pay the cost of repair less depreciation.
Above is what I have inferred and it’s not the exact text from their policy pdf. I tried explaining it but they were not accepting and insisting that its companies will to decide for total loss or partial loss, whichever is cheap for them. Not happy with all this and feeling helpless, I decided to take help from experts around. I think my car is repairable and want my car to be repaired. Though >90% of near and dear one advised me to get the IDV and some money from person who did accident and do away with this car in lieu of new car. I personally don’t feel like it’s a throw away car and still thinking if this can get repaired.
So suggestion from experts around:
1. Is it really a case of total loss? Can’t I go for repair based settlement?
2. Will there be so many issues after repair, as many near and dear one are telling.
3. If it’s repairable, then how to deal with insurance company? If they insist on total loss.
Other option they gave is to take 13K (IDV – salvage value) and get it repaired at your cost.
I am attaching images, I would be obliged if I get some opinion and what shall
I do in this case. There is some emotional factor as well; else I could have gone ahead as per insurance company wish.
