[toroid]

Hi All,

I'm the guy who posted below last weekend.

Originally Posted by toroid

Hi All,

I'm a beginner driver. I have had many close calls so far during my ~2K kms behind the wheels. However, being only driver from the family there's no one to give me tips or correct me.

I got some invaluable advice from the Tbhp community. Even my fiance was impressed by the overall response and how helpful this community is. So much so that she started following the forum and subscribed to newsletter, although she's least interested in cars. Practicing defensive driving being the top recommendation, hence that's what I decided to do. Little did I know, sometimes you just can't do anything.

This is what happened to my 2 month old car yesterday:














This is how it happened:

https://youtu.be/cf28OnafLsA

A part of me tells me, if I were not practicing defensive driving, I would've overtook the car in front of me and avoided this entire episode.

The incident:
At 1PM yesterday we decided to go out for our Ooty trip planned for the next day. Less than 3km away from my house an indica came and banged my car from behind. At the time of impact I was driving at ~20km/hr and slowing down, just after the impact my speed went upto ~55km/hr. Fortunately everyone was buckled-up in my car and no one got hurt.

The driver took complete responsibility as he was trying to operate phone while driving. However he had no guilt, If it had been a 2-wheeler instead of car this could've caused of serious injury. I ensured the passenger who was traveling in the cab gets the necessary assistance.


I took photos of his license and the incident. Asked for his insurance copy, he did not have it. I contacted my insurance company, got the car toed to service center. Reached out to my SA and sent him some pictures for rough quote, he quoted minimum 85K. Some of it might go from my pocket. By the time the towing truck reach us, we contacted the owner of the cab to settle this outside police station, to which he was somewhat apathetic, arrogant and argued, 5k is the maximum that he can offer and not a single penny above it. He said that, if I go to police, they'll endup paying maximum 2k penalty. I asked him to just pay for repairing amount not covered by my insurance, to which he bluntly denied.

Till this point I was calm but this tone was very discouraging for a settlement:
1. I'm paying for the insurance outta my own pocket for someone to exploit me this way?
2. Had it been me on the other side, driving in Bangalore, the mob gatherings would have taken either huge sum of money or beaten me up. How is it fair to let someone go with 5k and 0 remorse?
I pursued him to pay more, and after what seemed like 10-15 mins I ended up deciding to go to the police. At this moment, it was less about money. I did not care if I lose some money but just wanted attempt getting justice through our legal system (deep down I knew I'm setting-up myself for big disappointment)

We went to police station and police tried their best to avoid filing a FIR. I was told/discouraged,
"If you file a FIR the driver will get away with maximum 1k penalty. It's better you settle outside."
"If you file a FIR, your insurance company will not approve the claim unless case is settled in court. Which could take more than 2 years."
"You will have to hire a lawyer and will end up losing a lot of money"

Didn't know what all to believe, so I took a leap of faith and went ahead with FIR. My car was not getting locked still I had to leave it at the police station. If above statements are true, I'll be disheartened and would find one of the reason behind the absolute chaos that our roads are. As long as you don't hurt someone, you can just get away with 5k outside settlement. If victim decides to go to the court, you'll have to pay only 1-2k penalty.


Though I have taken actions, I would definitely be benefited with experienced opinions on handling such situations!

[Jagann13]

I'm sorry for what happened to you and your car. I have been in a rear ended situation like this once and I really like the way you reacted being a beginner driver.

All the police story and happenings will not be positive atleast for some time from now. Like you will have to spend some time and put in some efforts to get that done. It will take quite some time to get your money back, though you will get it back one day!

Coming to the point, I would suggest you to take the 5k from the owner. Being a new car with many add-ons, depreciation coverages and stuff, I think that the money that you will be shedding out of your pocket will be less. Maybe, stress him to give your 10% NCB along with the amount so that the hit taken is less. It is easy to say from here, but I know it's difficult to fight with rogue fleet owners. Peace of mind maybe!

Atleast for now, keep things moving and enjoy your Ooty trip! Good luck!

A related thread you may consider.
https://www.team-bhp.com/forum/india...ult-yours.html (Your view on using insurance in an accident for no fault of yours?)

[jkrishnakj]

Toroid : Sorry to hear about the incident, especially just a day ahead of a planned trip.

You did well with the defensive driving and clearly, the can guy is at fault.

My views :
1. Doesn’t matter if the driver gets away with just a 1k fine
2. The insurance company will still settle your claim for repairs. They don’t wait till
Case closure. I don’t think they even care that you have registered an FiR
3. For all the arrogance displayed by the cab owner, he probably may not know that a Police FIR is for life. He simply can’t erase this documented record.

Is your car at the service centre already? I hope so. If your car is going to be at the police premises for an unknown duration, I recommend that you take the 5K from the owner and close.

[J4J]

Is your insurance zero dep? If yes then you'll be paying 1-2k max.
What you did is correct however it would be a hassle going forward. I would suggest you to take the 5k offered and settle this matter. In the end what matters to me is peace of mind.

Few years of court, police and lawyer will be hectic. Evaluate if you are comfortable with this.

Now coming to the point of teaching driver a lesson. Remember that now he is acknowledging the fact that he was on phone. Tomorrow he may not say this as this would weaken the case. They'll simply say that it was a brake failure (or any other seemingly more innocent reason). People change their stand when they hire a lawyer. Filing a case is easy, winning it is difficult as you have to prove your claims.

If he mends his way, good for him. Else he will repeat this same offense with some other larger vehicle and end up in a far worse situation.

[shashank.nk]

Sorry to hear about the incident. Hope you get it repaired and are back on the road as soon as possible

Insurance companies don't wait until the case is settled in court to process your claim. In 2008 when our then car was barely a year old, dad was involved in an accident where a careless two wheeler rider cut across from the left and tried to merge into the right most lane to take a U turn. It happened around 7pm on Raj Bhavan road and was a low speed impact but the two wheeler rider suffered a sprain and he insisted on filing a FIR despite dad offering to pay for repairs to his two wheeler and taking him to a hospital.

A few days later, we received a notice where he claimed a ridiculous amount as damages from us for driving in a 'rash and negligent' manner and causing the accident. This is why he perhaps insisted on filing the FIR I guess.

Nonetheless, all that happened was our car was at the police station for a day and was at Skoda getting the bumper repaired the very next day. Dad had t go to the court and admitted he was driving and that was that of the case. No fine paid or lawyer hired as we had a comprehensive coverage and the insurance company took care of the case from then on.

I doubt if the cab even has valid insurance (pandemic has hit them hard) let alone a comprehensive one so it won't be easy for him to get out of this if it goes to the court. Do look for a out of court settlement and close the case.

If you haven't already done it, do consider going for a zero depreciation policy in future, this way you pay very little from your own pocket in case of a claim.

[gkveda]

Talking on phone while driving is an offence. The cab driver has to pay completely for the damage. Suggest to go to police station and get the payment through his insurance and his pocket.

If he doesn't have car insurance, it is further more crime. Just imagine if his car had hit a pedestrian and injured him instead of you. Definitely the cab driver need to be a taught lesson. His police story is unbelievable. He can not escape if you go to police.

You are in no way responsible for the mishap.

It's an underpass and it is expected to have drainage and speed needs to be below 20kmph.

[DetonatoR]

Hi Toroid, really sorry to hear about the incident. Recently my car was rear ended at a red light. The driver of the car (let us call him A) that hit me didn't even agree to his mistake and was ready to go to the police. I don't know how things work in your city, but my uncle who was with me at that time works for an insurance firm and told me that if we register the FIR, the police might impound both the cars till the court case go on (which could go up to 6 months). Also, we don't have any video evidence of the accident being A's fault. Since the car is in my mother's name, we didn't want to go to court because at her age and the current Covid situation even going to the court would be a task.

My suggestion would be to try to get an idea about the amount that you will have to pay out of your own pocket and how much will be covered by insurance. If you have some contact in the police, you can leverage it to see how these things end up and negotiate for a higher out of court settlement. Note that you will also lose your No Claim Bonus when you claim your insurance. If going for a court case, do see if the driver would still say that he was on his phone in court. You can also check on some app like Car Info to see if his car has insurance, it might not be 100% accurate but you might still get an idea.

In my case, this was my first claim in 7 years and the total damage was around 17k (mine is an Ecosport and the boot door and the rear bumper was replaced). I got it done by a non-Ford company but which was approved by my insurance provider. I didn't have a zero-dep policy and had to pay around 7.5k out of my own pocket, will lose out on the NCB and the spare wheel cover which costed around 10k when I bought my car. I was anguished for about three weeks and was angry that I have to pay this amount out of my own packet for no fault of mine. Just consoled myself with my mother's words: at least no one got hurt😊.

[whitewing]

Originally Posted by toroid

....I did not care if I lose some money but just wanted attempt getting justice through our legal system (deep down I knew I'm setting-up myself for big disappointment)...
Though I have taken actions, I would definitely be benefited with experienced opinions on handling such situations!

You have reacted in a most mature manner in the immediate aftermath. And bless your good fortune that no one in the vehicle got hurt in the process.
Getting a dent/damage on a well maintained car sure hurts.


Most of us do not have the patience to deal with the system - especially the courts and cops.
Think what you need:
a) a good running car, time with friends and family
b) see to it that the perpetrator is brought to book and his attitude is corrected
Take your next steps based on that.
Keeping an unlocked car in the police yards is not advisable, for obvious reasons.
If you want to pursue the legal path, would strongly suggest to consult a lawyer before you decide.

I hope you have a zero depreciation policy, in that case there should not be any major damage to your pocket. Get an amicable settlement and save yourself the hassle.

As a side note, quite some years back, I was rear ended by a police van, no one was hurt. The driver agreed he was at fault.
The whiplash to the neck was quite something. The headrest saved my neck.
My reaction was similar to yours, I spent several hours over 2 days, in getting the report written.
That piece of official paper will discourage a false claim. But that's about that. In my case, I didn't have the time and patience to take it to court.

Wishing that your ride is back on the streets again!

[SPIKE ARRESTOR]

Sorry to hear about your accident.

Noob questions

1. Why the car(s) need to be impounded with the police station in case a FIR is registered? Under which sections of IPC does the police register FIR? Since registration of FIR implies a crime is committed, so seizing of the vehicles involved in the accident (which is again a matter of trial in court) can be one argument. But what do they do with the vehicle after impounding them, apart from maybe taking their pictures for police report?

2. Are such cases run on Fast track courts?

I personally feel it is a police tactic to deter people from FIR registration. Police more often try to get the two parties into a settlement, for various reasons.

Spike

[ggkg]

In our country it hardly matters if you're right.

What matters is relative wealth, muscle power, influence etc. What I mean by relative wealth is if the other guy is very rich or very poor both ways we are screwed.

It's only if both are middle class or equally without influence it's worth going to court. That starts another drama with yet another dysfunctional, corrupt system that protects guilty fleeces rest. Plus enormous amounts of time which I presume you value. A victory could be pyrrhic. That is, If it comes before you die of old age.

Cabs don't even bother with basic maintenance or insurance. Owner in all likelihood a thug or someone who has lots of ways to get things done.

Cut your losses and get out.

[SoumenD]

Sorry to hear about your incident. The way you reacted is the best one can do. Do note that A.S.S quotes are usually exorbitantly high so you can try out some independent FNG as well. However I can understand taking a brand new car to FNG might not feel good.

I had a similar incident 4 years back but in my case the scorpio who hit me fled the scene leaving me with no choice but to get it fixed myself. My bumper was slightly cracked & hatch door was bent due to which it wasn't getting locked post the hit. I finally ended up getting my car fixed at an independent FNG for around 1/3rd the cost Maruti A.S.S quoted.

Here's a link to the incident : https://www.team-bhp.com/forum/india...ml#post4202817 (Maruti Service is cheap - A myth!)

[VKumar]

Originally Posted by toroid

This is what happened to my 2 month old car yesterday:

Dear Toroid

Let me start by appreciating the fact that you have actually been driving very well, be it the distance, acceleration or the braking, everything was done well, keep it up. One such incident shall not make you feel like it’s your fault, the way you braked, even a driver with slight attention on the road, will be able to save it.

Second thing, it is entirely the responsibility of the Indigo driver, he is completely at fault.

Third thing, don’t get into the hassle of FIR and all, go with your insurance, just tell the guy to pay your bills and for your NCB loss. At the end of the day, the more you get into the legal hassle, the more your repair is delayed, and in reality, you are simply going to add more to your agony, nothing else. Claim your nice zero dep insurance and sleep peacefully, just make sure that colour matching is correctly done

[mayankk]

Unless the other party is going into extortion mode, there is no point of an FIR. Seeing that he's the one at fault, take whatever he's giving and go your own ways. Been there, done that. Getting the police and lawyers involved is not worth it for this.
That's just the way things are in India.

PS : An impounded car becomes a free for all in a police station. Batteries, tyres, get exchanged. Earlier, stereos used to go missing. So, not a good idea.

[rdst_1]

Finally, someone who has done the right thing. In another thread, I had enquired, that why, when there is no bodily harm, do people not use the third-party clause of the insurance.
Kudos for you to not take the loss sitting down as many others have suggested. If this guy doesn't have a valid third party insurance then the court will have to punish him for that and also make him pay for your damage. Of course, everything in Indian courts works at snail's pace and not everyone has the time to deal with such things but again I applaud you trying to deal with the situation, the right way.

[TrackDay]

Sad to see this, but such is life. We are put in situations for no fault of ours. Like others said, it is best to cut the losses so far and get whatever compensation you can. If possible do go visit them with someone who is well versed in these kind of issues or a lawyer you know.

Also leaving the Tiago at the police station will be bad for the car in the long run. Even if the case is won after a very long time, that could be a pyrrhic victory. I have no clue about how cab unions operate over there, but it is better to avoid such folks. Get whatever you can and enjoy the car.

Also do you have it on video/audio that he confessed to using the phone ? If so it would be beneficial to you when meeting the operator. Also since you have only dash cam, do see if you can get any footage from any cameras in the vicinity when he rear ended you.

Off-Topic: In this case, none of the cars are used in criminal activities and is just an accident and both vehicles are still capable of mobility. In such a scenario, why are the cars impounded ? Cant they be let off after the pictures are taken ?