[carwatcher]

I suggest you to sell him the swift at the value as before the accident plus some compensation for psychological pain suffered by your fiancee. That is the best possible solution for you. You can help him in getting insurance and repairs before transfer but take the full payment in advance. Or take into account Repairs+NCB+resale value loss+incovenience due to live without car + mental agony + follow up with Insurance,police,court (if req), service center and arrive at the figure.

Now as regards FIR, its a personal call as it will have to be done by your fiancee. Secondly, our society teaches us to be disciplined, laws, justice, etc. But at the time of delivering actual punishment, we are expected to be soft and forgive. That's why our reputation of Soft nation and that's exactly why I said its your personal choice.

[ghodlur]

I was just reading my car insurance policy which I feel should be common to most of the Insurance companies and it clearly says that the Insurance co is not liable to pay towards any damage by the Insured under the influence of intoxicating liquor. Which in this case means that if the blood tests proved that the doctor was drunk driving, his car insurance co would straightaway refuse the claims.

Now the Insurance policy also says as far as third party liability is concerned they would pay all costs and expenses incurred with its written consent. Now this would not be possible if the drunk driving is established or in other words you will have to extract the total repair costs of your vehicle from the doctor.

If the drunk driving is waived off then the Insurance co would pay the repair costs of your vehicle.

Request you to kindly go through the fine print of your car insurance policy and if possible get the Insurance policy wordings of the Fusion car insurance to see what it says.

[mayankk]

Originally Posted by ghodlur

I was just reading my car insurance policy which I feel should be common to most of the Insurance companies and it clearly says that the Insurance co is not liable to pay towards any damage by the Insured under the influence of intoxicating liquor. Which in this case means that if the blood tests proved that the doctor was drunk driving, his car insurance co would straightaway refuse the claims.

Now the Insurance policy also says as far as third party liability is concerned they would pay all costs and expenses incurred with its written consent. Now this would not be possible if the drunk driving is established or in other words you will have to extract the total repair costs of your vehicle from the doctor.

If the drunk driving is waived off then the Insurance co would pay the repair costs of your vehicle.

Request you to kindly go through the fine print of your car insurance policy and if possible get the Insurance policy wordings of the Fusion car insurance to see what it says.

+1.
You aint getting anything out of the guy's insurer.
claiming your own would mess up your history.
Your best bet is to get him to pay a good amount.
and make sure you get your estimates done from at least 2 places.
I got zapped once in a similar case when the other car's owner's driver made some arrangement with the one and only garage i consulted and shortchanged me 10k.The garage gave me a lower estimate.

Filing an FIR is your prerogative though.

[phamilyman]

Originally Posted by frankmehta

Hi there. My fiancee's Swift was standing outside her building when a speeding Ford Fusion smashed into the car from the back.


The car needs quite a bit of work, but I need advice on how to go about it.
Should I file a case against the owner (he is a Doctor and very particular about his reputation)??

Please file a case.

You retain a lever that you can operate later.

Without the FIR, there are enough cases of people reneging later on.

His mistake could've grievously hurt some person dear to you and you give a care to his reputation? Hello?! Wait till your fiance hears that!

[SDP]

Sorry to hear about the mishap. Good thing is that nobody got injured.

First thing is calm down, accidents happen.
The legal system as well as the insurance system in our country is not something to be proud of. I would recommend get into some hard negotiations with the doctor (when he is not under influence) and have as much cash settlement done as possible. Borderline shady suggestion - if you know a bouncer or a recovery agent or somebody from your family is very well built, it might make sense to take that person along at the time of negotiations.

Sorry to sound pessimistic, but Filing a FIR or trying to get the money settled from his third-party coverage is not really going to get you anywhere. Just settle outside and cut your losses to the extent possible. All the best. Do keep us posted.

Originally Posted by carwatcher

I suggest you to sell him the swift at the value as before the accident plus some compensation for psychological pain suffered by your fiancee.
...

That's quite an innovative solution indeed.

[svsantosh]

Originally Posted by frankmehta

From what I know, the doctor has been subjected to the mandatory blood tests etc. The cops are just waiting for our approval to chargesheet him and prepare an official report.

As such ur car is screwed - nothing can bring back its originality, especially in a monocoque. So to hell with the guys profession - unless he pays you for a new car (less your cars scrap value) - take him to task... lets see if his pockets are as deep as his reputation is?!!

[SDP]

Originally Posted by svsantosh

As such ur car is screwed - nothing can bring back its originality, especially in a monocoque. So to hell with the guys profession - unless he pays you for a new car (less your cars scrap value) - take him to task... lets see if his pockets are as deep as his reputation is?!!

How? By lodging a FIR? If this comes under accidental damage, the maximum compensation (as per my understanding) is 1000 Rs. I am not sure, but because of the DUI part the compensation could be higher. But my guess is it would still be in the ridiculously low range.

By involving the cops, a sizeable amount of money would exchange hands, but I am equally positive that the receiving hands won't belong to frankmehta.

[drrajasaravanan]

Hi
Being a doctor means he has to show more responsibility which is sorely lacking in this case. In my experience the guy can pay fine and get away with the whole issue even if he is drunk as i am pretty sure the police would not have had a blood level concentration of alcohol certificate from a legal practitioner and the doctor can claim otherwise. Plus the hands can be greased easily. In a similar incident the police clearly told me that the perpetrator can get away by paying fine of 1500 rupees and unless the issue is major no point in pursuing the case. But they will give you a certificate which will be used by the insurance company for reclaiming the money from the doctors insurance company. Looks like the damage is major and do not take anybody's reassurance and wait, instead file a accident report stat with the local police station. Being a doctor i can assure you not all doctors are saints and they can be really nasty is such situations. Hope everything turns out well. Cheers

[harit]

Originally Posted by ghodlur

I was just reading my car insurance policy which I feel should be common to most of the Insurance companies and it clearly says that the Insurance co is not liable to pay towards any damage by the Insured under the influence of intoxicating liquor. Which in this case means that if the blood tests proved that the doctor was drunk driving, his car insurance co would straightaway refuse the claims.
Now the Insurance policy also says as far as third party liability ........................Request you to kindly go through the fine print of your car insurance policy and if possible get the Insurance policy wordings of the Fusion car insurance to see what it says.

What kind of insurance did Doc have, comprehensive or 3rd party? Procedure to get him or his insurance to pay is to file a case. The court would direct him or his insurance co to reimburse you. It is true that in case of drunken driving the insurance co does not pay. But that will have to be sorted out between them, Doc and the insurance co. You should get a decree that you have to be compensated. Don't forget to claim for trauma, non availability of car, a good lawyer will make a good case for you.
Tell Doc that you are going to court, police entry will say drunk driving, insurance co will refuse to pay, Doc reputation will be worse as court records will show he was drunk, maybe he will then like to settle. When talking to Doc, have some stern fellow with you, not a bouncer, just talk tough. All the best.

Cheers harit

[ghodlur]

Originally Posted by SDP

If this comes under accidental damage, the maximum compensation (as per my understanding) is 1000 Rs. I am not sure, but because of the DUI part the compensation could be higher. But my guess is it would still be in the ridiculously low range.

It should be on As-is basis depending upon the workshop quote and the Doc's Insurer is liable to pay the entire amount. Now that IRDA has made it mandatory for all Insurance policies to have Third party liability as standard surely the Doc's Insurance would be atleast TPL if not comprehensive.

Frank - Meanwhile have you approached the workshop to get the repair quotes. If indeed nothing is happening in your favour, you could get the swift declared as total loss and claim from your Insurance. I dont know if this is a valid suggestion but just thinking out of the box, Sorry if it offends.

[SwiftSD]

Originally Posted by SDP

How? By lodging a FIR? If this comes under accidental damage, the maximum compensation (as per my understanding) is 1000 Rs. I am not sure, but because of the DUI part the compensation could be higher. But my guess is it would still be in the ridiculously low range.

By involving the cops, a sizeable amount of money would exchange hands, but I am equally positive that the receiving hands won't belong to frankmehta.

FIR would not be of much help here. I think you should talk to the person and ask him to pay for the complete repair either through his insurance company (chance are bleak here as he was drunk) or ask him to accompany you to a garage and get an estimate for the repair and then pay the same.

As per my knowledge FIR once filled can not be taken back and involving the cops could cause additional expense.

In case he is not willing to accept his mistake and pay the money , only in that case make it clear that you would file a case and would also involve media to expose this incident.

[shivshanker]

Originally Posted by NetfreakBombay

You have a decision to make.

Either:
1. Go insurance route. This requires third party claim. I.e. FIR + Court (Motor Tribunal). That would mean ~15 days of work across 3 - 4 months
2. Have him buy Swift "As is"
3. Take him to A.S.S. and make him do a deposit of full estimate amount

If I were in your shoes, I would take option #2. Reason is you have him at-hold for now but after 2 - 3 days he will get legal advice and ways to make process painful for you.

I fully support Option 2,

However, please check that the case/FIR has been registered by the cops with the correct details, else you will not have a case to fight on.

What about the Drunken Driving details.?, if yes to both the above counts. Get him to buy the Car at Fair Market value and cut loose my friend.

Else, your car will be stuck in courts for months together and then you will have to abide by the courts decision, if you do not like it u appeal and another 6months to a year gone.

Cut your losses, thank the lord that none of you were sitting in it when it happened and look forward to a brand new car.

Mechanically, My Baleno suffered a similar damage, drunk guy left his car on a slope, without pulling the handbrake on a low gear or something, The car rolled down and my boot was a write off. Long story, to cut it short, during monsoon every year .. I have a visit to Sah and Sangi worli for water leakage in the boot. Every year it is some new welding spot that has a problem or the rubber beading or something else.

Mind you, for the last 7 years, the baleno has been visiting only Maruti A.S.S.

so my friend, cut loose.

[mac187]

get his commitment in writing (stamp paper and all) that he will pay for the full repair cost with or without his insurance liability before you let him off the hook. You should not pay a single rupee and if you are in the mood, ask him to pay for the resale value impact due to the accident.

This is the first thing you should do.

You have a decision to make.

Either:
1. Go insurance route. This requires third party claim. I.e. FIR + Court (Motor Tribunal). That would mean ~15 days of work across 3 - 4 months
2. Have him buy Swift "As is"
3. Take him to A.S.S. and make him do a deposit of full estimate amount

If I were in your shoes, I would take option #2. Reason is you have him at-hold for now but after 2 - 3 days he will get legal advice and ways to make process painful for you.

Second thing you should do.

If he acts smart, sue his stethoscope... Dr or Dr.No (sic), people who think they can get away with things because of their money, need to be taught a lesson.

Sure it take years but in the ends it does teach them a lesson. My girlfriend was hit at a traffic stop by a rich kid in his Safari. He was not apologetic and so she and her father filed a complaint. Unfortunately (for me) after 4 years I married her, 6 months into our wedding the case got settled! And the guy was all like "Why did you spend so much time of mine, I would have paid your damages 4 years ago!" The money received was peanuts but it was more about teaching him a lesson.

[scooby05]

Originally Posted by harit

What kind of insurance did Doc have, comprehensive or 3rd party? Procedure to get him or his insurance to pay is to file a case. The court would direct him or his insurance co to reimburse you. It is true that in case of drunken driving the insurance co does not pay. But that will have to be sorted out between them, Doc and the insurance co. You should get a decree that you have to be compensated. Don't forget to claim for trauma, non availability of car, a good lawyer will make a good case for you.
Tell Doc that you are going to court, police entry will say drunk driving, insurance co will refuse to pay, Doc reputation will be worse as court records will show he was drunk, maybe he will then like to settle. When talking to Doc, have some stern fellow with you, not a bouncer, just talk tough. All the best.

Cheers harit

Perfect Advise Harit, practical Lawyer are You? Have you done LLb?
Still best would be to make him buy off your car as is, so you dont loose on NC bonus nor live with a repaired car, that too with axles damaged! These cars dont drive straight no matter what you do if they have had a damage to the chassis/body frame.
Good Luck Frank. Hit the iron when its hot. No Tommorow.

[drkakkilaya]

It does not matter who the person has to be even if he is drunk, as this was not an act of deliberate or with a motive against you. No body is a saint not even a doctor. People in professions of doctor , police or politicians should often set example. Its the same public of India protested against restrictions on drinking age. No point in blaming one.
Now as for your car.,
First speak to yo car company and get an estimate
Speak to yo insurance guy and get his estimate
If 100% is covered then its up to you to do what u want
If 100% not covered demand the balance from him.
If he s ready to pay the balance then fine.

Regarding the fir , get an agreement in front of police regarding the amount he is going to pay you and get a cmis done. You can submit this official slip to your insurance guy.

Or ,
If you are satisfied with the amount he has paid then file an fir that its an hit and run and you dont know the car or its number.

Or else go the classical way, file an fir and let the law take its course.