[jkrishnakj]

The way I am thinking is slightly different here.

If this situation was reversed and if the Dzire happens to be one of our BhP’ians and this thread came out from our fellow BhP’ian against a civil Contractor who apparently flouted rules by stacking bricks on the road sides , what will be the advice / reco that we as a community will give ?

Aside , if the CCTV shows the car owner accidentally drove into the brick stacks, the whole resolution can be different.

[ninjatalli]

Originally Posted by bkc

Hi all,
I'm in construction and looking for some advice on this unintended case.

I see more bricks fallen on the inside (away from the car) than towards the car. Keep it on amicable terms till you get to see the cctv video. I feel the car has jammed into the bricks rather than the bricks falling on the car due to other reasons.

Do let us know how it goes once you get access to the cctv recordings.

[bkc]

I'll keep you all updated, going to see the cctv footage today. Hope the camera is in working condition.

[msdivy]

Originally Posted by WhiteSierra

He will lose the NCB for no mistake of his right?

On whose fault can the NCB be lost? Who determines who is at fault? These are questions without concrete answers.

My view is NCB comes party of motor insurance and insurance must be utilised in case of an accident.

[WhiteSierra]

Originally Posted by how_you_doing

Can you tell me how can I complain to GHMC? Almost all houses under construction in Koramangala are leaving sand, cement, and bricks on road.

I am happy to spend a few hours on Sunday and complain about all of them to the authorities.

GHMC is a city civic body in Hyderabad (Greater Hyderabad Municipal corporation), in Bangalore you have your local city civic body called Bruhat Bengaluru Mahanagara Palike (BBMP), you can raise a compliant to them, you can also reach IAS ranking officers like Civic body Administrator or Municipal commissioner on twitter and share your grievances. I'm not from Bangalore so I don't have any contacts there, but you can get some information from their websites or offices.

Originally Posted by msdivy

On whose fault can the NCB be lost? Who determines who is at fault? These are questions without concrete answers.

It is simple in this case, if the dzire guy rammed into the bricks, it is the fault of car driver, but if the bricks which are stacked on a side of the road fell on a stationary car, it is fault of the construction contractor / mason.

My view is NCB comes party of motor insurance and insurance must be utilised in case of an accident.

If insurance is used, NCB discount will be lost during next renewal, if it is about 40% or 50% NCB discount, usually the discount amount will be in thousands for a big IDV, no one would like to lose it for no fault of their's right. Again I'm recommending to pay for the damages completely for the benefit of OP himself, instead of paying twice (once for consumables and once for NCB discount difference).

[searacer932]

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[Axe77]

I am posting on the assumption that the car owner is not at fault here. There is no way to guess that without CCTV confirming either way.

If I was in the car owner's shoes I would not be happy about a major repair outside the A.S.S. I don't think its a fair expectation that the owner should accept this.

Perhaps an alternative could be to repair it under insurance at an authorised dealership, pay the amount that the insurance does not cover and also cover the owner for the loss of NCB. Either that or get the car repaired at the authorised dealership at your own cost. Whichever works out cheaper.

You can only compensate the cost of repairing the vehicle. The owner still has to live with the misfortune of living with a vehicle that underwent a major incident and consequently had to be repaired.

[pk1972]

Whether the car owner rammed into the stack of bricks or the bricks fell due to some unknown cause, it is an accident and this what insurance is for. The car owner needs to claim insurance or the maximum you should do is to pay any difference between cost of repair and insurance. IMHO you should not pay anything more.

[ajmat]

Position 1: Bricks fell on car

This is your liability - The bricks should not have been on the road and were not secured properly. If the owner claimed insurance, the insurance would come after you for recompense.

If you can, get the car repaired

Position 2: He drove into the bricks

Tell him to claim the insurance and get lost - politely

[AtheK]

Originally Posted by ajmat

Position 1: Bricks fell on car

This is your liability - The bricks should not have been on the road and were not secured properly. If the owner claimed insurance, the insurance would come after you for recompense.

If you can, get the car repaired

Position 2: He drove into the bricks

Tell him to claim the insurance and get lost - politely

Position 3, owner has seen this thread and now informs OP that he is going to lodge a complaint to BBMP for having bricks where they should not be.

[keroo1099]

When you apply for a sanction plan The BBMP bye-laws takes a ground rent for stocking of building materials on public land. I don't know if they have any specs on how much space, or where or how to store, but it's allowed by law.

Will have to check, but it also gives one permission to build a temporary shed outside the property on public land.

[PaddleShifter]

Any update on the CCTV footage? In Chandigarh too, bricks are kept on the roadside only. The number of cars have increased in the last 2 decades and there is a parking shortage. Still, sensible people dont park too close to the construction material for these very reasons.

Since the bricks have fallen from the stack, the owner is reasonable to ask for the repairs. The loss of NCB is not a one time thing. His premiums will increase for subsequent years as well (it takes 5 years for NCB to reach 50% right?).

On the other hand, dont pay a penny if the car was driven into the bricks deliberately.

[ajmat]

Originally Posted by AtheK

Position 3, owner has seen this thread and now informs OP that he is going to lodge a complaint to BBMP for having bricks where they should not be.

Based on this

Contractor additionally gets fined for leaving bricks on the road either way.

[V.Narayan]

Let's assume for a moment the bricks did fall on his car rather than your neighbour driving into the bricks. After all he is your neighbour, you two need to live together preferably in harmony for several years, you need to interface with him in the future on a dozen other neighbourly matters .... then why so much of introspection and analysis paralysis over a job that would cost you not more than Rs 20,000 and not in lakhs. You are building or renovating a house in a decent locality. Clearly paying up the repair cost is well within your means. Don't sacrifice neighbourly harmony for a small amount of money.

[vigneshkumar31]

Unfortunate incident.
Reasonable demand on the Dzire owners part. Regardless of cause of the stacks toppling , the bricks were there in the first place because of your requirement. If the roles were reversed you would probably want the same thing too.

Please settle it amicably and live peacefully.