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Old 14th September 2020, 17:17   #1
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Default Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta

In an unfortunate turn of events, my 17 month old parked Hyundai Creta & two other vehicles were rammed into by a VW Polo.

Turn of events:

Friday 11th September 2020, 2245 I leave home to meet a friend in the locality, which is 500 meters from home. Since it's raining I decided to drive down instead of walk. I meet my friend, park my vehicle and we head to his office which is on the first floor of the same building below which my vehicle is parked.

At 2315 we hear a loud noise, followed by a phone call on my friends number stating there has been an accident in front of his office involving my car.

We rush down and see the following -

Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta-inkedimg_20200912_015048_li.jpg

Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta-img20200912wa0000.jpg

Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta-img20200912wa0002.jpg

Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta-img20200912wa0003.jpg

Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta-img20200912wa0007.jpg

Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta-img20200912wa0013.jpg

Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta-inkedimg20200912wa0004_li.jpg

Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta-inkedimg20200912wa0006_li.jpg

Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta-img20200912wa0008.jpg

Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta-img20200912wa0010.jpg

Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta-img20200912wa0015.jpg

Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta-img20200912wa0009.jpg

A huge crowd is accumulated at the spot and the driver of the Polo is a 23 year old guy standing there so calm as if nothing has happened. (he was not under the influence)

The actual incident, the Polo coming down the road to where my car was parked, is surprised by a i20/A-Star exiting the gate, suddenly looses control hits the parked Piaggio Ape tempo (Not in the image) then hits a rickshaw and then my vehicle. In the meanwhile the hatchback which apparently caused this accident fled the scene. All this is narrated by the Polo driver.

In the mean while his friends come to the spot.
I am calm and make a call to my wife and tell her about the mishap.

Now the Polo guy and his friends try to convince me not to call the cops and say that the damage isn't that much to my vehicle and is easily fixable with minimum amount at his friend's garage. While the Polo is totally disabled and looks like it's gonna be a total loss. I make it clear that my car will be fixed only at the authorized service center as its new and I don't trust anyone of his friends when it comes to the car. Now after making my point clear his garage owner friend suggests that I tell the service center that my car was hit while I was on my way back from somewhere by a Tempo. After listening to this really stupid advice I realize that these guys are trying to avoid the cops for some or the other reason.

I call the cops. The cops come take some photos of the accident spot and ask us (Polo driver, rickshaw owner, ape owner & me) to report to the nearest Police station, which is the MIDC Police station in Andheri East. The Polo driver gives some money to the rickshaw owner & ape owner and they settle the matter among-st themselves. Both of them didn't have insurance hence they did not wanna confront the cops.(Fair Enough)

Now I ask the Polo guy to accompany me to the Police station to register an NC (Non cognizable offence). He declines. I head to the Police station with my friends at 0130 in the night to register a complaint. As I knew the insurance company would ask for an NC as the car was parked and was involved in an accident due to someone else.

I complete the formalities and head back to incident spot at around 0230 in the night. Check the car if it's in drive able condition, can't leave the car there overnight as its a fairly busy street and my vehicle will become the talk of the day if left there. Besides the rear right mudflap touching the tire the car seems to be fine mechanically. Moved the mudflap a little, drove back home and called it a day.

Woke up at 0630 and call Hyundai RSA so that the vehicle can be towed to the SVC. The vehicle is towed to the SVC at around 11am which is Modi Hyundai Goregoan West. I head to the SVC at around 1600 and meet a Mr. Vivek Sawant the advisor appointed to my case. The gem of a person he is kept all the paperwork ready and I am done within an hour. Mr. Sawant(SA) did confirm an copy of the NC will be required to process the claim as my vehicle was parked, or else it would have to be said that the accident occurred while the vehicle was being driven. Completed all the paperwork and left.

Some pictures when I saw the vehicle in daylight for the first time post the incident.

Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta-tow-1.jpg

Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta-tow-2.jpg

Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta-tow-3.jpg

Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta-tow-4.jpg

While the vehicle was being towed.

Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta-towing-1.jpg

Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta-towing-2.jpg

Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta-towing-3.jpg

Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta-flatbed.jpg

Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta-home.jpg

Some points :
  • The Cops were helpful when we got to the Police station at 0130 in the night and processed the paper work swiftly.
  • Hyundai RSA was quick to respond and arrived at my residence at the given time.
  • ICICI Lombard my insurance provider has approved the claim on Monday i.e 14th September 2020 in the evening and the SA has already placed the order for the parts. The claim was logged onto the system at 1000 in the morning on the same day.
  • Again the appointed SA moved things pretty quickly even though I have never dealt with him till date and my vehicle has never been serviced at that SVC earlier.
  • The Polo driver is really lucky that nobody was injured or else things would have been quite different for him now.


Now the twist.

It turns out that the Polo is with the 3rd owner (the 23 year old guy), 2nd owner on paper and the ownership hasn't been transferred and he was using the vehicle like that only. His insurance is valid till 16th September 2020 (can't confirm though)
There is no way to confirm his side of the story about the hatchback, as there were no CCTV cameras at the incident spot (confirmed by the cops). He says he wasn't speeding at all, but looking at the damage to his vehicle and the damage caused to other vehicles, I highly doubt it. Initially he had agreed to pay the difference amount, now has rolled back on his words and is saying he shall pay a paltry 1500 no matter what is the difference amount. My NCB & premium increase hasn't even being considered here and not to forget that I'll be without a vehicle for almost 20 days (not an issue though as the Creta wasn't my primary runner).

Some recent threads about my vehicle.

https://www.team-bhp.com/forum/mumba...st-mumbai.html (Car Detailing - Xpert Car Care (Borivali West, Mumbai))

https://www.team-bhp.com/forum/mumba...st-mumbai.html (Hi-Tech automotive seat covers - Malad West, Mumbai)

The purpose of this thread is just to share my experience.
I have realized that no matter how much you take care of your vehicle something or the other is bound to happen even though it's not your fault. Be prepared for the worst as the roads are filled with idiots.

Lastly I hope my vehicle is back with me in the condition that I have always kept it in at the earliest.

Last edited by Aditya : 16th September 2020 at 19:14. Reason: Minor typos
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Old 16th September 2020, 05:16   #2
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Default re: Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta

Thread moved out from the Assembly Line. Thanks for sharing!
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Old 16th September 2020, 07:34   #3
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Default Re: Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta

Ask the police to convert NC into FIR, if required approach Magistrate’s court for registration of FIR, then watch him cough up everything for the damage caused. Make sure notices are sent to the recorded owner since the recorded owner is also liable for civil/monetary claims.


PS: not giving legal advise, would suggest engaging a lawyer for examining the case.

Last edited by setuniket : 16th September 2020 at 07:36.
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Old 16th September 2020, 09:09   #4
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Default Re: Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta

Sorry about the ordeal that you need to go through.

How did the Polo's rear get damaged as it is the one that hit ape, your car and rickshaw?
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Old 16th September 2020, 10:34   #5
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Default Re: Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta

You seem to have already given up the case with the Polo owner, inspite of having pictures and clear indication of him ready to pay (initially) and a police case already filed, without any seemingly hassles from the cops.

So why the additional care for the Polo owner (blacked out numbers, accepting his stance)? If the cops have been supportive so far, why not take the benefit of them in the picture to make it a more relevant case via 3rd party insurance. Granted you nor the polo owner would want to go down that route, but that should definitely help in the compensation argument.
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Old 16th September 2020, 11:33   #6
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Default Re: Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta

Quote:
Originally Posted by setuniket View Post
PS: not giving legal advise, would suggest engaging a lawyer for examining the case.
Well if I go down the FIR route, he surely will be troubled/have to cough up money.

But to think about it an FIR on his name will definitely spoil his work/educational career and I don't want to be the one who does that.

Hence I am not keen on going down that road.

When it comes to money, the insurance will pay for most of it and for the amount that I'll have to pay from my pocket is in the tune of 5k (presumed by the SA). It's too minuscule of an amount to fight a case in court or whatever.

Unless I wanna do it to teach him a lesson, which is not the case here.

Quote:
Originally Posted by balenoed_ View Post
Sorry about the ordeal that you need to go through.
According to what he said after seeing the Hatchback he spun out of control and apparently the Polo hit the ape backwards turned again and hit the divider.

I doubt the hatchback even existed in this event, my only assumptions are he was way to fast for that road, lost control as the roads were slippery due to rains.

Again these are my assumptions and I have no way to prove it.

Quote:
Originally Posted by ninjatalli View Post
You seem to have already given up the case with the Polo owner, inspite of having pictures and clear indication of him ready to pay (initially) and a police case already filed, without any seemingly hassles from the cops.
I believe in Karma!

I have not given up on the case or anything, like I mentioned above an FIR on his name can surely cause a lot of trouble for him/registered owner and I don't wanna be responsible to ruin someone's career.

Absolutely no affection towards him, just a firm believer of Karma.
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Old 16th September 2020, 12:09   #7
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Default Re: Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta

Quote:
Originally Posted by OverKill View Post
Well if I go down the FIR route, he surely will be troubled/have to cough up money.

But to think about it an FIR on his name will definitely spoil his work/educational career and I don't want to be the one who does that.
I understand you are not keen to do the FIR but how about just telling him that you need his and the second owners address for filing FIR. Don't go ahead with it but try scaring him and making him cough up more money.
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Old 16th September 2020, 12:40   #8
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Default Re: Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta

Quote:
Originally Posted by OverKill View Post
I have realized that no matter how much you take care of your vehicle something or the other is bound to happen even though it's not your fault
Such unfortunate incidents happen, and each of these is an experience; and to safeguard ourselves against such incidents, we avail of an insurance.

Do we get rammed everyday we are on the road? NO.

So my way of looking at it is to think of it as hard luck, learn something from it, and move on.

Don't even look at what you've lost by way of NCB, time, effort etc., as you were destined to lose something this way or the other.

Quote:
Originally Posted by OverKill View Post
But to think about it an FIR on his name will definitely spoil his work/educational career

I believe in Karma!
Very noble thought ; you've scored some credit points in your account while the 23 year old moron will eventually pay for two things:

1. not registering the car in his name and thus causing undue hardship to the 2nd owner who will be harassed in this case

2. driving recklessly and/or inattentively

3. going back on his word by now offering only 1500 bucks.
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Old 16th September 2020, 12:41   #9
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Default Re: Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta

Quote:
Originally Posted by OverKill View Post
Well if I go down the FIR route, he surely will be troubled/have to cough up money.
But to think about it an FIR on his name will definitely spoil his work/educational career and I don't want to be the one who does that.
I believe in Karma!
I have not given up on the case or anything, like I mentioned above an FIR on his name can surely cause a lot of trouble for him/registered owner and I don't wanna be responsible to ruin someone's career.
Absolutely no affection towards him, just a firm believer of Karma.
Sir, Let me be very blunt.

Why did you start this thread in the first place. If you wanted sympathy for your loss. I FEEL FOR YOU.
I do not see any take away from this thread.

But, your inaction will embolden a 23 year old further.
If he has garage friends, he is well connected to know result of his action.
He is well aware that the previous registered owner will be in more trouble than him.
He know that you are already EASY on him & that he can get away easily out of this.
He is smart enough to settle with Tempo & Auto directly.
What surprises me that cops did not take him to PS. But since I was not there, I will NOT comment.

In short, you are creating a FUTURE monster who, one day will KILL somebody.

I do admire your cool head and wish we all could maintain such calm.

Regards.
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Old 16th September 2020, 13:24   #10
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Default Re: Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta

Quote:
Originally Posted by AZT View Post
Don't go ahead with it but try scaring him and making him cough up more money.
When I spoke to him after I finished the Insurance work on Saturday evening, I realized one thing. This guy is blinded by his humongous ego.

And I am in no mood to indulge his ego, so yes, I am not gonna threaten him as such and waste my time and energy.

Quote:
Originally Posted by ariesonu View Post
Sir, Let me be very blunt.

Why did you start this thread in the first place. If you wanted sympathy for your loss. I FEEL FOR YOU.
I do not see any take away from this thread.
Well, that was not blunt.

I mentioned it earlier the purpose of this thread is just to share my experience, isn't Team-BHP all about that?

He is absolutely not well connected, At the moment of the incident, from the accumulated crowd most of them were our mutual friends who I have know from 15 plus years. Believe me when I say if I wanted to teach him a lesson or get some money out of him it would have been easier done than said (in my case).
But I choose the higher ground and will let life teach him a lesson.

Last edited by Aditya : 16th September 2020 at 19:15. Reason: Typos
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Old 16th September 2020, 14:46   #11
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Quote:
Originally Posted by OverKill View Post
But to think about it an FIR on his name will definitely spoil his work/educational career and I don't want to be the one who does that.

Hence I am not keen on going down that road.

...

Unless I wanna do it to teach him a lesson, which is not the case here.
His spoiling work/educational career is not because of his victims . Such a fellow should be more mindful about his actions and be prepared to pay price if he doesn't want his name 'tarnished' so to say. But anyways you seem to have given up on him, so good for you. He will run into someone who will not be so lenient and willing to get walked over.
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Old 16th September 2020, 14:49   #12
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Default Re: Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta

I'm sorry sir but as much as I admire your immediate cool headed composure instead of going berserk, you shouldn't have let that idiot get away so easily during the follow up events. Guys like these need to have their ego crushed otherwise they'll pose an even greater threat to the society.

While it's understood that haggling for the money wasn't worth your time and involvement, it's certainly apparent that the idiot is taking you for granted. Taking the higher path is not always the correct thing although I don't mean any offense to you.
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Old 16th September 2020, 15:03   #13
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As someone who would have not forgiven so easily, let me first applaud your stance. I am guessing the systems in India are the reason why even such trivial matters are so difficult to deal with in the real world and you deciding to value your own peace of mind and time is actually a very intelligent decision.
I would like to know from other knowledgeable forum members that when third-party insurance is compulsory and most people have it, then why aren't claims made through it. Are the procedures that difficult to make the other person's insurance pay for your damages. If the other person concurs that the damage is due to his own fault, shouldn't his insurance take care of the third-party.
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Old 16th September 2020, 15:31   #14
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Default Re: Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta

Quote:
Originally Posted by Abhi5868 View Post
I'm sorry sir but as much as I admire your immediate cool headed composure instead of going berserk, you shouldn't have let that idiot get away so easily during the follow up events. Guys like these need to have their ego crushed otherwise they'll pose an even greater threat to the society.
I totally agree with what your trying to say here, about me letting him go so easy.

But isn't it possible that you and me have two different thought processes?


Quote:
Originally Posted by rdst_1 View Post
I would like to know from other knowledgeable forum members that when third-party insurance is compulsory and most people have it, then why aren't claims made through it. Are the procedures that difficult to make the other person's insurance pay for your damages. If the other person concurs that the damage is due to his own fault, shouldn't his insurance take care of the third-party.
Ideally that is the reason why 3rd party insurance is a must have.
But I have never heard or have come across a situation where it's actually been used that way.

Others may know better.



Quote:
Originally Posted by ani_meher View Post
He will run into someone who will not be so lenient and willing to get walked over.
You are free to think, whatever about this situation

About the part of me giving up on him, is my way of dealing with this guy. Not because I am weak or I want to prove myself as great or something. Just because if I give him a chance, God knows he might understand his mistake. But you never know it can be the other way round too. While I hope it's the first one.

Don't we all run into someone who is equally stubborn/cool minded like us at some point of time during our lives?
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Old 16th September 2020, 15:38   #15
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Default Re: Your car isn't safe anywhere! VW Polo rams into my parked Hyundai Creta

I understand your sentiment that you would not want to spoil his career, but the reason I suggested to go legal was only for the reason quoted and highlighted below. The huge ego of such a young man and shamelessness to offer 1500/- (or do whatever attitude) is clearly not pardonable IMHO.

Any half decent person would not only be apologetic but would have the courtesy to offer to pay for the damage caused. It was then for you to accept the apology and decide on whether you would make him pay for the damage/NCB or difference amount for the repair.

Quote:
Originally Posted by OverKill View Post

But to think about it an FIR on his name will definitely spoil his work/educational career and I don't want to be the one who does that.

Hence I am not keen on going down that road.
Quote:
Originally Posted by OverKill View Post
When I spoke to him after I finished the Insurance work on Saturday evening, I realized one thing. This guy in blinded my his humongous ego.
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