Possibility of an Accident Case Against Me - Help Required

nandishpal · 11th July 2009, 12:54

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.

five46 · 11th July 2009, 14:59

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

Quote:

Originally Posted by Sha

One thing is sure he will mince money from you also and will get claim from insurance also

Looks to be very likely.

Quote:

Originally Posted by srishiva

That would have taken care of your insurance

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.

Quote:

Originally Posted by AbhiJ

Tell him to get the money from insurance. Thats what insurance is for.

According to what a TASC owner told me, even if he files a case, and you are proven guilty (highly unlikely) the damages will be borne by YOUR INSURANCE COMPANY.

P.s. Gurus correct me if I am wrong here.

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.

Quote:

Originally Posted by govigov

I would suggest both parties to claim insurance on the base that it hit a compund wall or something similar (not a public property) and claim insurace based on that, instead of telling that it is an accident, tell them that you hit the car on a boulder(huge rock) that was on the road, while giving way to another vehicle and your car did not hit any other car.

Nope, he's not agreeing to such jugaads.

Quote:

Originally Posted by drpullockaran

Ask him to file the case or that you are ready to pay him the no claim bonus of the cars comprehensive insurance.

Hmmm... Will talk about this again.

Quote:

Originally Posted by Abes

If you are not sure of the procedures, I suggest you consult a lawyer, or walk into a police station and ask.

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

Quote:

Originally Posted by binaiks

He would not be able to file an FIR against you now, unless and until he claims that the accident occurred a while back at some local place in Kolhapur, and you fled the spot. You can counter this claim by producing proof of your vehicle being at the service station (by producing necessary records).

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.

Quote:

Originally Posted by ajmat

1: He will spend more money to recover the Rs 12000 than getting the actual amount
2: Worst case, you get summoned to court, plead guilty and pay the 500 fine. To recover the Rs 12000 is a civil case which is not worth his time

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

Quote:

Originally Posted by COUGAR

What you need to do is to claim 3rd party insurance (that is if you had availed that). That way, you contact your insurance company and they will pay the damages for both your car as well as the other party. However you will lose your NCB for this year: but that is a non-issue at this point.

But for this to happen both parties need to come to an agreement.

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.

Quote:

Originally Posted by srishiva

What if he files a hit and run. However small the accident, it is better to file a FIR. What does it take to file a FIR?
He wouldn't have been anxious like this if he had.

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?

Quote:

Originally Posted by BaCkSeAtDrIVeR

What may / is required is information to the police, and an acknowledgement that the accident has been reported. This "information" need not escalate to prosecution.

Can this really be done, without an FIR that is...??
.

Quote:

Originally Posted by BaCkSeAtDrIVeR

BTW, I think you can paint half a dozen cars with 12K.

I too feel that this amount is more to take me on a ride.

Quote:

Originally Posted by nandishpal

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.

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.

patil · 11th July 2009, 19:27

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.

bblost · 11th July 2009, 21:47

Quote:

Originally Posted by five46

Hello Folks,

The Fiesta owner says that he knows it's not my mistake and that it happened because of the girl. But, since I hit his vehicle, he'll catch me only. How do I go about this?

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.

WanderNomad · 12th July 2009, 03:01

Quote:

Originally Posted by srishiva

What does it take to file a FIR?

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.

alpha_romeo · 12th July 2009, 09:53

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.

souravdebiswas · 12th July 2009, 16:37

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!!!

tanwaramit · 13th July 2009, 14:54

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.

Ramsagar · 15th July 2009, 15:12

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.

balajird · 15th July 2009, 16:15

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.

mobike008 · 15th July 2009, 16:22

Quote:

Originally Posted by patil

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.

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.

five46 · 18th July 2009, 09:09

Quote:

Originally Posted by patil

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.

Thank you very much for sharing the information Sir!

Quote:

Originally Posted by bblost

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.

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

Quote:

Originally Posted by alpha_romeo

Fill the claims form with your insurance company with all the available details. Probably your dealer will help you with that. They will give you the claims number.

Yes, will be leaving my car (after more than a week now

) at the Hyundai service center. He'll look after the insurance claim process for my car.

Quote:

Originally Posted by souravdebiswas

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.

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.

Quote:

Originally Posted by tanwaramit

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.
...
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.

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.

Quote:

Originally Posted by Ramsagar

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.

Accidents! Accidents!

Quote:

Originally Posted by balajird

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.

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

Quote:

Originally Posted by mobike008

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.

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.

Possibility of an Accident Case Against Me - Help Required-dsc00110.jpg

Possibility of an Accident Case Against Me - Help Required-dsc00111.jpg

Possibility of an Accident Case Against Me - Help Required-dsc00112.jpg

raju2512 · 18th July 2009, 13:40

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.

tanwaramit · 18th July 2009, 14:04

Quote:

Originally Posted by five46

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.

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

five46 · 9th August 2009, 23:49

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.

11th July 2009, 12:54	#16
nandishpal BHPian Join Date: May 2006 Location: bangalore Posts: 492 Thanked: 80 Times	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.
	() Thanks

11th July 2009, 19:27	#18
patil BHPian Join Date: Oct 2007 Location: Shorapur Posts: 353 Thanked: 66 Times	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.
	() Thanks

12th July 2009, 09:53	#21
alpha_romeo BHPian Join Date: Aug 2008 Location: bangalore Posts: 25 Thanked: 0 Times	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.
	() Thanks

12th July 2009, 16:37	#22
souravdebiswas BHPian Join Date: Apr 2009 Location: New Delhi Posts: 130 Thanked: 71 Times	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!!!
	() Thanks

13th July 2009, 14:54	#23
tanwaramit Senior - BHPian Join Date: Aug 2005 Location: Dilwalon ki Dilli Posts: 1,930 Thanked: 497 Times	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.
	() Thanks

15th July 2009, 15:12	#24
Ramsagar Senior - BHPian Join Date: Dec 2006 Location: BLR_Nellore(AP) Posts: 1,396 Thanked: 252 Times View My Garage	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. Last edited by Ramsagar : 15th July 2009 at 15:16.
	() Thanks

15th July 2009, 16:15	#25
balajird BHPian Join Date: Jul 2009 Location: Bangalore Posts: 460 Thanked: 63 Times	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.
	() Thanks

18th July 2009, 13:40	#28
raju2512 BHPian Join Date: Jun 2009 Location: Chennai Posts: 325 Thanked: 143 Times	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.
	() Thanks

9th August 2009, 23:49	#30
five46 BHPian Join Date: Oct 2007 Location: L-O-S-T!! Posts: 636 Thanked: 714 Times	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.
	() Thanks