Quote:
Originally Posted by NMS Have you so far considered the option of going to the Police for this? |
Thanks NMS sir.
We have filed an FIR on Sunday, 03rd february 2013.
Now the owner is not showing up nor he is picking up phone call.
Quote:
Originally Posted by ghodlur Thats really sad, my sympathies are with you.
First suggest you make an FIR and give all the details to the Police regarding the Innova. You have a very strong case. If the Innova owner still wants to act smart, you can nail him with a court case, he is liable to pay the damages with the TPL liability of his insurance on Innova. Meanwhile intimate your Insurer to send in an Surveyor and get the damages surveyed. Approach the school and let them know of the incident so that they dont employ the services of the Innova to ferry school children. |
Thanks ghodlur sir.
We have filed an FIR on Sunday, 03rd february 2013.
The school very well knows the incident.
The owner of the school and the innova are the same.
They have buses to ferry children.
Quote:
Originally Posted by sagarpadaki 2. If the innova owner does not budge , then tell him that you will file a Police complaint against him and get the claim through his third party insurance. If he does not have an insurance then he is in a big soup. He can be arrested. |
Thanks sagarpadaki sir.
We have filed an FIR on Sunday, 03rd february 2013.
He (owner) is not ready to settle the case,
Infact he is not showing up too.
Quote:
Originally Posted by ajmat Since a senior citizen got injured,, both of you together file a case with the police. They will need to take action on this. |
Thanks a lot sir.
Quote:
Originally Posted by Dry Ice I would say file a complaint at your local police station and take it from there. Was the driver who caused this caught on the spot?
One more thing, assuming he is running his own school and all, he might be well connected and will most probably try to get the cops on his side through some or the other trick. Be prepared and don't leave out any holes for him to exploit and slip away, do speak to your lawyer friends on how to handle this better. |
Thanks Dry Ice.
We have filed an FIR on Sunday, 03rd february 2013.
No, we were away from home, couldn't catch him on the spot.
Approximately 10-12 people saw the incident and recognized the driver immediately.
Quote:
Originally Posted by Enigmatic Its sad to see your car in such a state, more so when there was no fault of yours.
Anyways, don't get bogged down because of the same and don't worry the owner of the Innova bearing registration number DL-4CAE-2183 driven by Mr. AMIT KUMAR would have to pay you the entire compensation for your loss.
And here is why :-
Between an employee and an employer there exist a vicarious relationship.
This doctrine is enshrined under Tort Law which imposes responsibility upon one person for the failure of another, with whom the person has a special relationship (such as Parent and Child, employer and employee, or owner of vehicle and driver), to exercise such care as a reasonably prudent person would use under similar circumstances
This is based on the doctrine of Respondeat Superior (Latin for "let the master answer") and qui facit per alium facit per se(he who acts through another is deemed to have acted himself) and is based on the employer-employee relationship. The doctrine makes the employer responsible for a lack of care on the part of an employee in relation to those to whom the employer owes a duty of care.
Hence the owner of the Innova will have to pay up the damages, such incidents happen but what you need to remember is stay strong and do not let the person who owns a school over power you or else you would be taken for a ride.
Sorry im in a bit of hurry hence cannot write about the hit and run part, will update you on the same later. It is essential you bring up that as well because it helps in establishing a mind-frame of the driver and hence helps prove malice and negligence. |
Thanks a ton sir.
Glad to have you here.
Kindly update the Hit and Run part too.
Specially, because:
The owner is of the wording "Do whatever you can, i will not owe up the responsibility nor i will compensate for the damages. Get your work done with your insurance or your own money."
Now he is not showing up too.
Quote:
Originally Posted by deepakchiniwal Set the innova on fire and ask him to claim from his insurance. Since it was fire that caused the incident, you are not responsible for it. Isn't that logic?.
File a complaint. |
Thanks deepakchiniwal sir.
We have filed an FIR on Sunday, 03rd february 2013.
Quote:
Originally Posted by aaggoswami I have faced almost similar situation when a builder/contractor took land which was for ring road, started construction of a commercial multistorey building, is still harassing us and has broken our Innova's rear windshield. The damage of Rs. 10000 was burnt we bore, he payed just rs. 3500. Did not have any energy to fight these scum of the earth sort of people.
Understanding your situation, the car is much more damaged. Once in workshop, the bill will be atleast in mid 5 figures with labor and all. If your car was parked parallel to wall, then it has taken a serious hit as the rear end is now out as compared to front.
Tell Owner of Innova that if he is not ready to pay the entire amount, you will file a legal complaint and then also use RTI to know what exactly is status of case. Be polite, but stay firm. Driving a vehicle which is as good as 1.7T 15 feel long moving mass on wheels, things should be more strict on schools' front. What if he was carrying kids and fell off a bridge while traveling ?
IMO, why should you claim insurance if its not your fault ? If the dealership is ready to give in writing that the monocoque of the car is significantly affected, push for the price of a new car. Dont let the dealer know who hit the car. The dealer might be connected with Innova owner. |
Thanks a lot sir.
Sorry to hear about the damage.
My car was parked parallel to wall and after the incident it was smashed INTO the wall making the rear go out.
The car is not in a state to move. It would be towed.
On the Insurance part :
The same thought that crossed my mind.
Quote:
Originally Posted by Sommos First submit a police complain, it will anyway be needed for your insurance claim also. |
Thanks Sommos sir.
We have filed an FIR on Sunday, 03rd february 2013.
Quote:
Originally Posted by gemi_kk Please note that you would be responsible for your deeds. iF you take it with Govt officials, then you may have to wait. Patience + Time + Bribing (if reqd) - Mental peace. If you are ready to take it up, Please go ahead. Teach the idiot a Lesson.
Please do update us on whats your next step. If possible, you would get some good advice from fellow Bhpians. |
Thanks gemi_kk sir.
Very true indeed.
Will update regularly.
Quote:
Originally Posted by manolin Simply put, owner of a car is responsible for damages caused by car - so long as the car was not stolen. Go ahead and file a police compliant - which you will need to claim third party insurance from the Innova's insurer.
if he wants to settle then he will tell you right then (get a maruti dealer to check your car, and give estimate - and ideally take money in advance based on that estimate - with the threat of filing police compliant).
Talk to your insurance agent - he will tell you the procedure for filing police compliant and how to process third party insurance claims. |
Thanks manolin sir.
We have filed an FIR on Sunday, 03rd february 2013.
The owner is not ready to take up the responsibility for the accident.
It seems he does not want to settle the case.
Quote:
Originally Posted by speedmiester The owner of the car is responsible for any damages resulting from any accident. It does not matter if his car was stolen or taking away by force, the owner is always responsible.
Please file a complaint and make the owner of the Innova as a party to the accident. You can see him coming running to your doorsteps.
It would be better if you could get him to pay the no claim bonus and the extra money you have to shell out after getting the car repaired through Insurance. |
Thanks speedmiester sir.
We have filed an FIR on Sunday, 03rd february 2013.
Quote:
Originally Posted by MetalBuff The Swift has definitely taken a bad hit. You, indeed must be feeling very helpless to see your beloved car in this condition. To add to it, the frustration due to the Innova owner not co-operating and owning up to this fault of his :(
Still wondering how he had the audacity to refuse paying up for this! He being the owner HAS to take this up on himself.
This is the very sole reason why we ensure that all paper work is correctly done and the necessary documents are forwarded to the concerned RTO, when selling a vehicle. So, even if the new owner doesn't follow the protocol of registering the vehicle in his name, we have done the needful from our end. That gives us the shield to move away from any untoward activities the car may see in the future.
As long as the vehicle is registered in someone's name, he IS bound to get summoned by the law if, the vehicle has participated in illegal affairs. No excuses!
-Shivang Gandotra |
Thanks shivang.
Yes, feeling very sad primarily because the car has been damaged very very badly. I don't know if after the repair work it would be same as before.
The car has full paperwork, all legal with comprehensive insurance.
For paperwork and documents part:
Precaution is always better than cure.
Quote:
Originally Posted by Tejas@perioimpl Do the following:
- Keep the numbers of the eye witnesses. If possible, ask them to write down their statements in front of a magistrate.
- Take pictures of the damaged innova.
Will help you in your case. |
Thanks tejas sir.
1) Will get it done.
2) Took the pictures.
Quote:
Originally Posted by revintup
Meanwhile please try to contact the person who was injured so that you can look into the legal possibilities together. Most probably the owner would pay for the balance of insurance that you would have to fork out.
And get legal help as soon as possible. |
Thanks revintup sir.
Quote:
Originally Posted by Schoudhury Oh man , that's really bad.
I think you better file a FIR and then take it forward.
Also i don't see any major plastic part being damaged so i don't think you will have to pay a big amount from your pocket even if you claim insurance yourself and get it fixed . |
Thanks Schoudhury sir.
We have filed an FIR on Sunday, 03rd february 2013.
Quote:
Originally Posted by carzone filing an FIR and reporting this to police is the way to go.
Let the police decide who has to pay up. Take the statement of the witnesses in front of the police and hand them all the photos you have got.
One question here, what if the innova driver gets his car repaired and claims that he has done nothing. If there were no witnesses, the complaint can not be claimed. Just a thought crossed my mind.
I wish the senior citizen recovers soon and files a strong case against the driver. Wish the owner had shown some courtesy and admitted and asked the driver to surrender.
Do keep us updated. |
Thanks carzone
We have filed an FIR on Sunday, 03rd february 2013.
Approximately 10-12 people saw the incident first hand.
Senior citizen doesn't wish to take up the hassles of the legal formalities.
The owner is completely ignorant as if nothing has happened.
We got hold of the driver on Friday, 01 February 2013,
Firstly, the driver tried to dodge us but soon he surrendered.
Will regularly update.
Quote:
Originally Posted by mac187 If the Innova owner is acting smart. I would suggest this, first get the police complaint and then file insurance and submit the copy of the compliant. Insurance compaines have their lawyers who would ensure that the bills are covered through the Innova's insurance. If it doesnt have one, they will get the owner to pay. |
Thanks mac187 sir.
We have filed an FIR on Sunday, 03rd february 2013.
That's quite interesting.
Quote:
Originally Posted by Nonstop-driver Even if someone else was driving, it doesn't takes off the accountability and responsibility of the vehicle owner. And as he has admitted that the driver in question didn't knew driving, it may turn into a bigger offence - check if he has got a valid licence. If not, his Insurance Company may deny him any payment and the vehicle owner will have to cough up the entire amount.
File a police complaint and get the witness statement done, including of the senior citizen who was hit. There is no way that the owner shall get away with this. |
Thanks Nonstop-driver
The owner is acting up very smart though.
Amit kumar has a driving license (he himself told us) but according to owner he (amit kumar) doesn't know how to drive.
We have filed an FIR on Sunday, 03rd february 2013.
Quote:
Originally Posted by mayankjha1806 This is sad to see, i guess filing a police complaint should be first step, keep the elderly who was hit as part of the FIR so as to give it some weight.
The other question i have is for experts, In this case the person driving the car possibly did not had license hence maybe the owner of the car is responsible.
|
Thanks mayank sir.
We have filed an FIR on Sunday, 03rd february 2013.
The person driving the car i.e "Amit kumar" has a driving license (he himself told us).
Quote:
Originally Posted by PC77 Below is what Bangalore Police has to say on this |
Thanks PC77 sir.
We have all the details
car number, residence of the owner, person driving the car,
and photographs too.