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-   -   Possibility of an Accident Case Against Me - Help Required (https://www.team-bhp.com/forum/street-experiences/61498-possibility-accident-case-against-me-help-required-2.html)

i would suggest.hold on to your words.you have agrred to pay him a compensation.what he does with the money is his look out.tell him you cant pay 12k but for sure you can pay 6k to 7k.if he agrees give him the money & taken a written statement from him that this small incident is closed with no dues.we shouls not forget that he let you go only because you had committed him compensation.may be i am trying to get too practical but this is what is right.:thumbs up

Firstly, thank you bhpians for showing your concern and throwing light into this.

Looks to be very likely.

The dealer at Hyundai has assured me that he will take care of the insurance for the damages of my car and no FIR is required if only my cars expenses is to be claimed.

I've spoken about this, he's more worried about not logging any accident records for his car.
I need to confirm about the second part.

Nope, he's not agreeing to such jugaads.

Hmmm... Will talk about this again.

Problem is, 9/10 times Lawyers and Police will be waiting for such cases to extract money.

This is what is bothering me, that if I do not agree to pay him out of my pocket, it might hurt his ego and he may resort to such cheap routes to harass me.

Hope this happens if his intentions aren't good. Will serve him right!

My car is under a comprehensive cover. I hope that looks into the 'third party' thingy as well. To get the claim for Mr. Fiesta's car, he'll have to file a case for which he's not ready. He wants me to pay.

This is my biggest concern - What if he files a 'Hit & Run'? Will the fact that he has my DLs photocopy (this he may again deny in future) and that he had called me on my mobile phone the same evening to give his number prove that I've not Hit & Run?

Can this really be done, without an FIR that is...??
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I too feel that this amount is more to take me on a ride.

Believe me, I too absolutely do not have any intentions of not being true to my words. But, the amount is too steep. Had it been a couple of thousands I'd have not even have posted this. I'm unemployed since the last seven months and have to depend on my parents for any financial support.

hi i am a lawyer and i conduct cases on behalf of insurance companies. tell the fiasta fellow to make a claim from his own insurance and no case needs to be registered to make a claim for own damage. further if his vehicle is not insured then he will have to make a claim upon your insurance and in that case a case needs to be registered. a case can be registered even after a delay of 2-3 days. even if a case is registered against you it will be punishable U/s 279 of IPC which attracts a maxmimum penalty of Rs. 1000/- only and nothing to be afraid of. in either of the cases u need not pay a single paise to the fiesta guy. he cant make u pay from your pocket when insurance is there on either of the vehicles. dont heed to the words of the fiesta guy he is probably claiming insurance from his insurer and making u also pay for the damage.

Tell him that yes you are sorry but since the reason you pay insurance premium is exactly for situations like this. you will do the due process only.

What does it take to file an FIR? Things maybe very smooth down south but not here in the capital City. I had to use contacts for getting FIR for even my stolen car.

Let Mr. Fiesta worry about it. Just inform police about the accident and give them your address, contact details. Fill the claims form with your insurance company with all the available details. Probably your dealer will help you with that. (Maruti insurance has a good service.) They will give you the claims number.

Please don't give Mr. Fiesta anything other than your insurance copy and tell him to talk to police, insurance directly. If state-police investigates and wants to file a case against you for rash driving, they will call you. They may take both the cars for RTO inspection, and takes couple of days for inspection process. After compleleting the investigation, they may take you to the magistrate and ask to pay the fine as appropriate.

Once the documents like charge-sheet, police report etc are available (it takes couple of months at-least) forward them to the insurance company indicating your policy details. Insurance company will negotiate with Mr. Fiesta directly. If they decide to fight the third-party claims, they will ask for your co-operation as per insurance policy.

hey five46,

This fiesta owner might just be trying to extract a little extra money from you. A paint job and replacing the fender support should not cost that much. I myself have a fiesta 1.6S which I had an accident with last weekend. Although the total cost was 34000 for the entire repair work (claimed 21000 from insurance), the painting of both front and rear bumpers costed a total of 8000. So its tough to agree with your opposite party that painting half bumber, fender will cost roughly 12000.

By the way, I did not have to file any FIR on the accident to get my insurance claim.

And about filing a case. Dont worry about that. First of all he is a little too late in filing an FIR. So police may not give him much importance. Secondly, its not an easy thing to prove that you have done it yourself (unless he bribes the police to chase you at any cost, which someone I know has done earlier). He is not going to file any case against you for harrassment/waste of time etc. Trust me, I am a lawyer myself and it just isnt worth fighting a case like that. The judge would just throw the case file on the lawyer's face in such situations where minor compensation is asked for.

Just simply refuse to pay any compensation. He can claim everything from insurance. What is the insurance there for at all? If at all you agree to pay something, then as everyone said, pay only the no claim bonus amount and nothing else. Else tell the guy to just take a hike!!!

The other guy seems to be a good guy and is not putting you under any pressure. His car has been hit and he is asking the money to repair it. I think he is right in asking the amount.

Now how to pay, as other BHPians have said here, you can ask him to claim this from his insurance company, the loss of NCB can be paid by you and out of pocket expenses too can be paid by you.

FIR- NO, there is no FIR required when that person is putting a claim for the repair on his car. He can safely say, a car driver hit him and ran away. Unless there are major expenses required or a person is injured NO FIR is required.

You might have to pay from your pocket for no mistake of yours, but cant help on that buddy, you should thank your stars for that girl didnt fell and came in this, else the situation could have been chaotic.

Buddy,there is nothing to worry abt.According to the fiesta fellow he is not a person who is willing to file a case against you.So he is such a person,he would have done that long back by calling the cops immediatly.better stay calm and tell him to file it as he wish.
He is already aware that it is not your mistake & he needs to shell some money to the cops and trying to act safe & smart that he will file a case.
As he still knows that is not you mistake,then you are not held resposible.
If he argues that you had come & hit my fender,you can very well say what he was doing?the same what you were doing while trying to avoid scooty.

Since you have spoken to couple of times over phone, by now you should be able to identify his true intent. I agree with fellow members' comments, this is such a trivial case to worry about and I believe people are running so fast in their life that they tend to ignore these kind of small niggles that happens. so, chillax and have peace of mind.

This is the perfect advise. Tell him this very politely and if you feel that gentleman was good natured and not aggressive on a humanitarian ground you can offer to pay the NCB which he may lose next year due to the claim he makes on his insurance.

I guess this may be the best possible solution out.:thumbs up

Thank you very much for sharing the information Sir!

In all likelihood unless he agrees to settle it with a NCB.

Yes, will be leaving my car (after more than a week now :eek:) at the Hyundai service center. He'll look after the insurance claim process for my car.

Thanks for sharing the information Sir. I don't know what color is your car, but his was metallic purple (or something similar) which probably will be costlier than regular colors. But, all said and done, I still cannot digest that 12-13K quote.

Agreed he's right in asking the amount.
NCB is fine, what is 'out of pocket expenses too'?
Me not hitting the girl is the only consolation I can take from this accident.

Accidents! Accidents! :)

I wish to agree with you, but my current employment status doesn't let me believe that this is a small niggle.

This is what I'll be doing.

And, I'm waiting for Mr. Fiesta to ring me up for settling the matter. Will update as he does.

About my car, this is the blow it received. (Pardon me for the pathetic picture quality). I'll be leaving it at the Hyundai service center today. Estimated cost is around 5-6K for which I'll be claiming the insurance.

Write a letter to the guy detailing the incident (as you done on the first post) and informig him to claim insurance from his insurer. You can inform that you will pay the no claim bonus and the the amount not covered by insurance. Also detail the conversation between you two with time and date.Send this by registere dpost acknowledgement due.

This will prevent the guy from filing a hit and run case and also make your stand clear. If he doesn't have insurance on his car, that itself is a crime and possibly police will catch him for that rather than booking a case against you.

Don't worry.

That is the amount not covered under his insurance and would need to pay out of pocket, depreciation stuff.

Update:

After some extended conversations with Mr. Fiesta, he said that his NCB is somewhere around 4600, the depreciation amount is some 1200 and processing amount is some 500.

His vehicle is Aug 2008 model, first years premium paid is some 24,000. From whatever info I could dig with some insurance people, got to NCB in this case will be around 3,500 - 4,000.

And, me for one was seriously bugged with this thing. So, wanted to get done with this.
So, I paid him 5000 in cheque and gave him another post dated cheque of 1500 (dated next month) and asked him to claim his insurance if he wants to, and finish this matter.