[Torque250]

As I crossed the toll plaza today (01/06/2021), the boom barrier which rose after sensing the fastag, falls on the roof of car before i cross the gate. The midportion of the limb was padded, so there was no damage from the impact of the fall. However, it scratched the rear spoiler.

Gate attendants told that there were umpteen cars that passed through the toll gate without any problems, so they couldn't be liable for this one incident. The assistant manager was called for, and he told that, he could not compensate for the accident, since it was due to electronic equipment. I was told that the glitch had something to do with sensors, and it was under contract with a different company. Furthermore, he added,he would do me a favour by forwarding the incident to that particular organization for their consideration. The damage was not severe enough to cause a ruckus, so I left without causing a scene.

As for the damage, it was merely a scratch and i can live with it. Due to lockdown, the showroom was closed, so I couldn't obtain an estimate. I expect painting to cost nearly 2000 rupees.

POLO



My question is, was I duped by them? How would it be if the gate had broken the windshield? Were we forcibly made to endure everything?

Thread’s purpose is to discuss about the procedure to follow if a toll gate accident happens? In the event of major damage, how should we proceed officially to claim compensation?

[audioholic]

Originally Posted by Torque250

Thread’s purpose is to discuss about the procedure to follow if a toll gate accident happens? In the event of major damage, how should we proceed officially to claim compensation?

While I have no idea about the process and excuse me for diverting the topic, but it looks to me that the spoiler didnt lose too much of paint and it is the paint of the barrier that has got transferred onto the spoiler. Only in the edge portion I can see that the paint has come out and the black plastic underneath is seen. So you might be wrapping up the job with a round of machine polishing and need not have to repaint the spoiler completely.

Beyond this, the discussions on the compensation part can continue.

[RedTerrano]

Originally Posted by Torque250

My question is, was I duped by them? How would it be if the gate had broken the windshield? Were we forcibly made to endure everything?

Very valid questions.
Let me add a few of mine.
Suppose I have a cat. And I live in a flat which has a balcony. What if you were standing below the balcony (public place) and my cat topped the potted plant on the balcony and it falls on your head. Can I shirk responsibility claiming the cat did it? I think not.

Originally Posted by Torque250

Thread’s purpose is to discuss about the procedure to follow if a toll gate accident happens? In the event of major damage, how should we proceed officially to claim compensation?

Got any lawyer friends? Ask them if you have sufficient grounds to file FIR for attempted murder. Raise the stakes with this, and settle for total compensation. In my opinion this is the only way to tackle institutional arrogance.

[Lambydude]

Originally Posted by Torque250

As I crossed the toll plaza today (01/06/2021), the boom barrier which rose after sensing the fastag, falls on the roof of car before i cross the gate. ?

This is one worry I regularly have while passing through boom barriers. I think the proper functioning of the barrier is the toll vendors' responsibility and you should be compensated for it. However, since it wasn't a major damage, you did the right thing of moving on.

Originally Posted by RedTerrano

Very valid questions.
Let me add a few of mine.
Suppose I have a cat. And I live in a flat which has a balcony. What if you were standing below the balcony (public place) and my cat topped the potted plant on the balcony and it falls on your head. Can I shirk responsibility claiming the cat did it? I think not.

Not really a correct analogy. Is it?

[NetfreakBombay]

Originally Posted by Torque250

In the event of major damage, how should we proceed officially to claim compensation?

Two options :

1. File insurance claim yourself and let insurance company chase toll operator should they choose to do so
2. Send a notice to file a claim against liability insurance of toll operator

For major claims, Option #1 would be preferred since insurance company will bear legal costs.

[audioholic]

Originally Posted by RedTerrano

Suppose I have a cat. And I live in a flat which has a balcony. What if you were standing below the balcony (public place) and my cat topped the potted plant on the balcony and it falls on your head. Can I shirk responsibility claiming the cat did it? I think not.

I think thats not a comparable situation. Accidents caused by animals have to be treated differently and thats a topic of its own. The boom barrier is a machine, and is used in an environment where third parties/their vehicles are involved. Its malfunction can cause damage to property or even humans. Hence, there should be accountability on the part of the toll booth operator, who in turn must hold whatever caused the boom barrier to malfunction, whether human operator or a defect in the machine.

But hey, this is India. So I am not sure what is acceptable and what is unacceptable.

[RedTerrano]

Originally Posted by Lambydude

Not really a correct analogy. Is it?

Originally Posted by audioholic

I think thats not a comparable situation.

The apple in the comparison basket is not the cat but the potted plant in the balcony.

Your residence.
Your pet.
Your potted plant.
Your responsibility.

Similarly

Your toll nakka
Your sensor
Your boom barrier
Your responsibility.

[audioholic]

Originally Posted by RedTerrano

Your residence.
Your pet.
.

Two differences here. First, you have to prove the presence of the cat(which can just run away) and second, you have to prove the ownership of the cat. What if the owner says it was a stray cat and they have no idea where it came from? The boom barrier doesnt run away, and no one needs to prove its ownership nor the incident

[Geo_Ipe]

Originally Posted by Torque250

As for the damage, it was merely a scratch and i can live with it. Due to lockdown, the showroom was closed, so I couldn't obtain an estimate. I expect painting to cost nearly 2000 rupees.

Looks more like paint from the barrier on your spoiler. You don't need to wait till ASCs & detailers open shop. Just dab a little WD40 on a cotton cloth and just rub it off.

I wouldn't be wasting my time and effort over this incident in proving that the toll gate is liable. If you really want to, you will have to file an FIR at the police station under which the toll gate comes and prove in court that the barrier was faulty. CCTV footage from the toll booth might come in handy too.

So to answer your question:
Possible to hold the toll gate & staff accountable & liable?
- Yes!
Is it worth the effort, time & money?
- No!

[TrackDay]

Not sure if this is a mark left by the barrier, but if it is then it will come off easily with some rubbing. I have had similar situation where black color autorickshaws would swipe my car leaving a trailing black mark. Usually it is paint from the other vehicle and can easily be removed by buffing or whatever it is called.

Coming back to the more important matter at hand, someone should be liable for this. What if it broke a panoramic sunroof or hit the roof and broke some luggage kept there ? Don't tell me this is like one of those strange hotel valet rules where the hotel folks are not responsible for any incidents ! There should be some rule in black and white as to what happens if such incidents happen while vehicles are crossing toll stations.

[Duckdoc]

Sorry to be a bit of a wet blanket, but I think one should move on, in this case. Well, morally, of course there is a case to be made but on the ground doesn't work that way. Going the insurance/ legal route for this amount is just not worth it.

[GeeTee TSI]

I used to wonder about the possibility of this very incident what with the numerous wobbly boom bars which abruptly jerk into action.

Reminds me of this incident at Nelamangala toll in the outskirts of Bangalore. A biker with a pillion sneaked into the car lane (to skip the two wheeler lane probably) and moved alongside another car. But he misjudged the boom bar's closing and it landed (almost) on the pillion's head, who pushed it away with his hand
The result? It swung 90 degrees away from its plane whilst still rising and landed right on the crown of the toll attendant who came out to investigate

Coming back to this thread, a boom bar accident is quite probable and the party at fault needs to be liable for damages

[gkveda]

Let me be the devil's advocate here to get another perspective in this thread. How many toll plazas are there in the country today? How many gates on an average, each plaza has? How many cars or heavy vehicles passes through the gate per day? How many of them have been damaged so far in the history starting from say, 2000?

Even if we consider this specific toll, specific gate and specific boom bar on this specific date when OPs car was damaged, how many vehicles were affected on the same day before and after this accident because of this so called disfunctioning or misfunctioning boom bar?

If it was really significant, there would have been a news and mega fight near the plaza. But, this not being the case, can we conclude that it is toll plaza and boom bar misfunctioning that created this accident?

Why can't there be a slight delay in moving the car - out from the toll when it was exactly under the boom bar and coincidentally there may be a closure of the bar.

We have seen this happening several times in the lifts as well. When the passengers get in to lift when the door has already started closing, it takes time for the sensor to sense the passengers and it almost squeezes the passengers. In this process, the doors touches the hands or other parts of the passengers. But, the sensors senses them a bit late and opens back.

Why can't it be that the car has taken the role of the passenger entering in lift when doors have just started closing? The boom bar sensor senses the car with a delay and retracts back. That delay has caused this accident.

So, in my view, considering the statistics and the number of accidents near boom bars, this may be the mistake from car and delay in moving out from the boom bar area is the root cause of the accident

[Torque250]

The windshield of famous cricketer mother's car had been broken before. https://www.google.co.in/amp/s/www.h...822CN_amp.html

Originally Posted by Geo_Ipe

Is it worth the effort, time & money?
- No!

Yes i know the damage is very meagre and it is not worth my time and effort. So i let it go. However, in case of shattered windshield or sunroof, knowing in advance, what procedures need to be followed at the site of a mishap, without being swept away by anxiety, will save us time of revisiting the scene later.

Originally Posted by Duckdoc

Going the insurance/ legal route for this amount is just not worth it.

Some one moved forward with a lawsuit and won
https://www.google.co.in/amp/s/wap.b...1400309_1.html

On a lighter vein:
An impact of minor scratch or a shattered glass depends on one’s perspective. What if the same scratch occurred in a car belonging to a member of our team ,who had read nearly 12000 posts of car detailing thread, and to whom even a swirl mark would be considered a crime.

[Torque250]

Originally Posted by gkveda

Let me be the devil's advocate here to get another perspective in this thread.

Why can't there be a slight delay in moving the car - out from the toll when it was exactly under the boom bar and coincidentally there may be a closure of the bar.

Since you have stated that you visualize from the devil's perspective, I respect your viewpoint.

In defence, Gates must have both motion and optical sensors, because a large truck traverses at a much slower rate than a small car, so the gate cannot open and close for the same amount of time.