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Old 14th November 2020, 22:09   #1
bkc
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Default Bricks fell on neighbour's car! Now what?

Hi all,
I'm in construction and looking for some advice on this unintended case.
I'm doing a project at Indiranagar, Bangalore. We had kept red bricks piled up and it was standing for last 2-3 weeks without any issues.
Today, due to some unknown influence, the bricks fell on a dzire parked in front of it. Now the owner of dzire is expecting me to cover all the damages. He will not claim insurance due to NCB. Car seems 5yr old from parivahan database and insurance is running.
People said it was due to the vibration of crackers busted on the road, some say it fell off without any influence.

My mason said, he was in top floor and came after people called, he even said, while reversing after accident, the car owner first moved ahead and then reversed the car. This might damage the car more, according to me and him.

I'm going to see CCTV footage of opposite house tomorrow and was willing to pay remaining after insurance payout.

Below are some of the pics. Kindly advice on, how to go ahead amicably.
Attached Thumbnails
Bricks fell on neighbour's car! Now what?-screenshot_20201114214020__01.jpg  

Bricks fell on neighbour's car! Now what?-img20201114wa0028__01.jpg  

Bricks fell on neighbour's car! Now what?-img20201114wa0018__01.jpg  

Bricks fell on neighbour's car! Now what?-img20201114wa0032__01.jpg  

Bricks fell on neighbour's car! Now what?-img20201114wa0026.jpg  


Last edited by bkc : 14th November 2020 at 22:21.
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Old 14th November 2020, 22:21   #2
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Default re: Bricks fell on neighbour's car! Now what?

It might sound rude mate, but construction material has no place on a public road. Looking at the pics, it seems bricks were stacked on the roadside outside the boundary of the plot.

I am not sure why construction material cannot be accomodated inside the premises. Its a big problem here in hyd as well and builders big and small dump all kinds of garbage/construction material on public roads as if they owned their plot as well as the whole road in front of their plot. They deserve a good rap from the municipality once a while.

That said, even a private car has no place to be parked on a public road. But think of it this way, if this guy bumped into your compound wall and caused damage, wouldn't you expect compensation from him?

Sorry once again if my post came across as rude. Not sure if I were of any help to your query. But I would simply pay up.
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Old 14th November 2020, 22:22   #3
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Default re: Bricks fell on neighbour's car! Now what?

If the damage is limited to what you're posting, it won't be more than a Rs. 8-10k job at a good independent garage. It is just external damage from the appearance. Maybe go with him to the best independent workshop you can afford and try convincing him? I doubt even Maruti will charge more than 10k because the hood and grille can be replaced entirely for that amount. The plastic parts are not expensive at all. You can check on boodmo. This statement might change if stuff like the radiator etc has been damaged.

Also, unless the lights are cracked, get the garage guy to use sandpaper to buff them into the original shape. Else it is 1-2 k max additional.

Last edited by suhaas307 : 18th November 2020 at 09:11. Reason: Spacing for improved readability
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Old 14th November 2020, 22:23   #4
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Default re: Bricks fell on neighbour's car! Now what?

It's truly unfortunate! Something like this happened with my Hyundai. I wasn't in the Country then. My neighbour's heavy window fell on the car. Bonnet and roof were totaled. I claimed insurance, and 6K was coming from my pocket. He paid that amount, (after the local corporator, who is Dad's friend, got involved), and also replaced the torn car cover. I sold the car after that incident. His NCB concerns are just to trouble you, for troubling him
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Old 14th November 2020, 22:26   #5
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Default re: Bricks fell on neighbour's car! Now what?

Get him to claim insurance and pay him for the NCB loss for a couple of years or cover the cost of repair at a good independent garage, whichever is cheaper.
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Old 14th November 2020, 22:39   #6
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Default re: Bricks fell on neighbour's car! Now what?

If things are getting sorted out smoothly just go ahead and repair his car at your cost. He seems to be quite reasonable with his demands.

Check how much NCB he has, if its 50% due to the car's age, then his demand to not claim insurance is quite OK when you consider the fact that he is not asking for any other compensation towards the loss in resale value which he will have to bear. The front-end has been damaged and if the hood + bumper + lights(?) show 'replaced' in the service records, the prospective buyer at that time may think that it was due to front-end collision.

If he is OK with a FNG it will be good for you and him; your expense will be less and for him this accident won't show up in his service history.

Quote:
Originally Posted by bkc View Post
Today, due to some unknown influence, the bricks fell on a dzire parked in front of it.
Does the area have stray dogs or cats ? They could have tried climbing on the stack of bricks.

Last edited by OSH : 14th November 2020 at 22:55.
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Old 14th November 2020, 23:33   #7
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Default re: Bricks fell on neighbour's car! Now what?

Quote:
Originally Posted by racer_ash View Post
.
I am not sure why construction material cannot be accomodated inside the premises. Its a big problem here in hyd as well and builders big and small dump all kinds of garbage/construction material on public roads as if they owned their plot as well as the whole road in front of their plot. They deserve a good rap from the municipality once a while.
Thanks for the response sir. Keeping construction materials inside premises is not possible in small sites sir. Usually cess charges and other road cutting charges are collected before construction. Mostly it is used by all including govt themselves for construction activities.

If anybody has constructed without keeping any materials outside, kindly suggest the idea to further improvise.

lets see more options for conclusive solution

Quote:
Originally Posted by Cessna182 View Post
If the damage is limited to what you're posting, it won't be more than a Rs. 8-10k job at a good independent garage. It is just external damage from the appearance. Maybe go with him to the best independent workshop you can afford and try convincing him? I doubt even Maruti will charge more than 10k because the hood and grille can be replaced entirely for that amount. The plastic parts are not expensive at all. You can check on boodmo. This statement might change if stuff like the radiator etc has been damaged.
Also, unless the lights are cracked, get the garage guy to use sandpaper to buff them into the original shape. Else it is 1-2 k max additional.
Thinking in your lines sir.

Quote:
Originally Posted by Sebring View Post
It's truly unfortunate! Something like this happened with my Hyundai. I wasn't in the Country then. My neighbour's heavy window fell on the car. Bonnet and roof were totaled. I claimed insurance, and 6K was coming from my pocket. He paid that amount, (after the local corporator, who is Dad's friend, got involved), and also replaced the torn car cover. I sold the car after that incident. His NCB concerns are just to trouble you, for troubling him
I'm looking for a similiar solution sir. Hope it goes well.

Quote:
Originally Posted by McLaren Rulez View Post
Get him to claim insurance and pay him for the NCB loss for a couple of years or cover the cost of repair at a good independent garage, whichever is cheaper.
independent garage seems reasonable for me.

Quote:
Originally Posted by OSH View Post
If things are getting sorted out smoothly just go ahead and repair his car at your cost. He seems to be quite reasonable with his demands.

Check how much NCB he has, if its 50% due to the car's age, then his demand to not claim insurance is quite OK when you consider the fact that he is not asking for any other compensation towards the loss in resale value which he will have to bear. The front-end has been damaged and if the hood + bumper + lights(?) show 'replaced' in the service records, the prospective buyer at that time may think that it was due to front-end collision.

If he is OK with a FNG it will be good for you and him; your expense will be less and for him this accident won't show up in his service history.

Does the area have stray dogs or cats ? They could have tried climbing on the stack of bricks.
Checking the CCTV tomo in the opposite house. Hope it works and I'm allowed to view it.

Last edited by suhaas307 : 18th November 2020 at 09:12. Reason: Spacing for improved readability
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Old 14th November 2020, 23:46   #8
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Default re: Bricks fell on neighbour's car! Now what?

The Dzire has clearly driven into the bricks. The damage on the bottom of the bumper which is pressed in and has scrapes clearly looks like a case of the Dzire going forward into the bricks.

This is just him trying to wriggle money from you imo.
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Old 14th November 2020, 23:50   #9
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Default

If CCTV shows him driving into & hitting the bricks, it would be his fault for his poor judgement.

If the bricks did indeed fall onto his car without him having touched them, the liability is on you and it is unreasonable for him to loose his NCB for no fault of his.

In case of the latter, ideally your contractor should bear the entire cost of the same - please check if your agreement with them has anything on those lines / insurance policy to cover the cost of such incidences.
Typically contractors should have various policies in place including workers compensation, and Contractor All Risk (CAR) policies.
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Old 14th November 2020, 23:53   #10
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Default re: Bricks fell on neighbour's car! Now what?

Quote:
Originally Posted by lamborghini View Post
In case of the latter, ideally your contractor should bear the entire cost of the same - please check if your agreement with them has anything on those lines / insurance policy to cover the cost of such incidences.
Typically contractors should have various policies in place including workers compensation, and Contractor All Risk (CAR) policies.
I'm the contractor sir and I just have accident policy for workers.
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Old 15th November 2020, 00:07   #11
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Default re: Bricks fell on neighbour's car! Now what?

Well its unfortunate but in my opinion you don't have a choice but to pay out the damages. You are lucky he seems to want to settle it peacefully and not take it further to police. The way the bricks are stacked (for 2-3 weeks nonetheless) this was an accident waiting to happen.

As a car owner, he is not mandated to go for insurance or for an independent garage. It is really his choice. If I were in your shoes, I wouldn't act like it may have been his fault, but would rather empathise, apologise and work with him to get it fixed soon. This way he will calm down and not try to punish you. And in the end he is your neighbour, it does not make sense to get into argument and spoil relations for hopefully a max 10-14k job.

Also, you should avoid stacking bricks like this. It is your mason or contractors job to ensure yours, their's and other peoples safety is taken into consideration. You are lucky the brick stack hasn't hurt anyone or any kids.

Put pressure on your mason to only get the material which is needed for that days work and not stock on the street where it can become a safety hazard. More like 'just-in-time' inventry.
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Old 15th November 2020, 00:12   #12
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Default re: Bricks fell on neighbour's car! Now what?

Quote:
Originally Posted by Vid6639 View Post
The Dzire has clearly driven into the bricks. The damage on the bottom of the bumper which is pressed in and has scrapes clearly looks like a case of the Dzire going forward into the bricks.

This is just him trying to wriggle money from you imo.
Exactly my thoughts too. The dents and damages is not caused by bricks falling on them. The car seems to have rammed into the brick pile. How the the area around air dam be damaged in such a way if bricks has fallen from top onto the bonnet.

Last edited by Bibendum90949 : 15th November 2020 at 00:13.
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Old 15th November 2020, 00:20   #13
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Default re: Bricks fell on neighbour's car! Now what?

I think insurance should be claimed- after all this is what it is for. Any amount going over and above the insurance payout- you should pay. Obviously the hood can easily be brought back into shape. It’s not bad at all to command a replacement. So, the cost of repair shouldn’t be much. I don’t think it’s worth breaking your head over the NCB amount for a 6 year old Maruti. If I would have been the car owner, I would be happy to settle for the above formula.

And If the CCTV shows the Dzire ramming into the bricks, then obviously you have no liability. Claim for the bricks that may have been damaged

Last edited by saket77 : 15th November 2020 at 00:26.
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Old 15th November 2020, 00:33   #14
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Default re: Bricks fell on neighbour's car! Now what?

Quote:
Originally Posted by bkc View Post

I'm going to see CCTV footage of opposite house tomorrow and was willing to pay remaining after insurance payout.

Below are some of the pics. Kindly advice on, how to go ahead amicably.

He will lose the NCB for no mistake of his right? Are you willing to pay his NCB bonus difference during his insurance renewal? Also parts like headlight assembly (right / driver side), grill and others may not be covered in insurance,, it depends on which type of insurance the dzire guy has. It would also take lot of time for the claim to go through, it is better to pay for the damages once for all instead of paying him twice (once for consumables which aren't covered under insurance and once for NCB bonus difference). Get a quotation from M.A.S.S / FNG (if the victim is okay with FNG work) and pay him to avoid any future awkward moments with a neighbor at a site where you are working in, that is the only amicable solution. As few BHPians pointed out, stacking construction material on public road is illegal, all the construction material should be contained within the boundary of plot.

Also please check the CCTV footage from neighboring buildings before paying him anything, if the Dzire guy rammed into your bricks, you can ask him for compensation in reverse.


Quote:
Originally Posted by racer_ash View Post

I am not sure why construction material cannot be accomodated inside the premises. Its a big problem here in hyd as well and builders big and small dump all kinds of garbage/construction material on public roads as if they owned their plot as well as the whole road in front of their plot. They deserve a good rap from the municipality once a while.
My uncle is building a commercial complex and few months back he received a challan of 50,000 rupees from GHMC for stacking bricks on road (outside his plot area). After that he is accommodating all the construction material within the plot area.

GHMC is levying heavy fines on those who place construction materials on the road, outside their boundary / plot area and for other things as well,, good way to generate revenue for the state as well as keeping civic sense in order.

Few examples :
Bricks fell on neighbour's car! Now what?-ekuih24uyaaz56c.jpg

Last edited by WhiteSierra : 15th November 2020 at 00:41.
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Old 15th November 2020, 02:02   #15
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Default re: Bricks fell on neighbour's car! Now what?

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Originally Posted by WhiteSierra View Post
GHMC is levying heavy fines on those who place construction materials on the road, outside their boundary / plot area and for other things as well,, good way to generate revenue for the state as well as keeping civic sense in order.
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.
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