[MetalBuff]

Originally Posted by Warwithwheels

I don't buy this argument at all.

In this case, am sure Akshay has not intentionally caused the damage. It was just an accident. And moreover as a good gesture he owed up his mistake and agreed to bear the cost of damage caused by him.

However, the liva owner not being reasonable and understanding is trying to push the entire burden of the replacement on Askshay, which sounds ridiculous to me.

When people are so greedy and unreasonable, why on earth should we still go that extra mile and help them out?

Hello,

Well, if your original view was in regards to the greedy nature of the Liva owner, then I totally go by your opinion of asking Akshay to take the insurance route.

I presumed, yours to be a general statement related to the incident, my bad!

In no ways, do I promote the fact that, we fuel the Liva owner's greed. A part of the sum is all we can offer from our end (which Akshay agreed to offer), thats it!!

Peace \/

-Shivang Gandotra

[akshaymahajan]

Thanks all of you. I was trying to being a good citizen and covering my liability and paying 1500 odd seemed easier than going through the insurance way. But no way in hell am I paying 6500. He wants to be unreasonable, his loss. I told him yesterday that all communication will be through emails so that we have everything on record. No cellphones. And he sent me this email today morning
<b>
Reminder-I

You should pick up call ,and pay the money And don't order me for your kind information . Now I am polite don't try my patience.
</b>

I have told him

I asked you to provide the copy of the bill of the amount you paid. You couldnt do that.
Let me be clear, I am not liable to pay anything to you. My insurance company is. I have a comprehensive cover and you can pursue everything with them. And they will settle with you.

I'd rather lose my 40-45% NCB than pay a penny to this guy.

Thanks again people.

Originally Posted by Wheeliej

I just wish everyone would understand this very basic aspect of driving rules. All over the world the car in the rear is at fault since the responsibility for maintaining a safe distance is the rear cars.

Akshay, do the right thing. These Japanese car bumpers don't always behave predictably and it is possible that lh damage also occurred due to your car rear ending it. You dont know that it was damaged before. You did the right thing by stopping and accepting responsibility and it is perhaps due to this that the guy also took up the trouble of sending the car to the service centre and claiming insurance. It must be very distressing for the owner when a 45 day old car is damaged. He will also be losing out on the no claim bonus. Don't be impatient with him.

I tried to do the right thing. And I know for a fact that the other side was damaged earlier because the paint was scraped and it had a different shade. Probably the car it brushed.

I rear ended him and I accept it was my bad. But you dont lie to my face and tell me insurance covered 20 percent. He tried to take undue advantage of the fact that I apologised and told him that i will cover the damage without arguing over it.

The way people deal with accidents here is just sad. I'd rather pay than let someone take a swing at my face. Though I have a sort of legal question, If somebody gets violent after an accident irrespective of whose mistake it is, I can call the cops and file an FIR/case against him right?

[alto99]

Originally Posted by MetalBuff

That said, even if we go by the standard way of claiming through Akshay's insurance, he would lose his NCB, I guess. So, that more or less equates to the same thing, no?

NCB is not for TP insurance. It is only for own damage. So NCB will not be lost in this case.

[MetalBuff]

Originally Posted by alto99

NCB is not for TP insurance. It is only for own damage. So NCB will not be lost in this case.

Hello alto99,

I presumed that Akshay has his vehicle covered with a comprehensive insurance which has been communicated in the below quote

Originally Posted by akshaymahajan

My insurance company is. I have a comprehensive cover and you can pursue everything with them. And they will settle with you.

I'd rather lose my 40-45% NCB than pay a penny to this guy.

Definitely, as you said, no NCB is lost in case of a Third Party insurance as, there's no such concept in that case !


As for Akshay, firstly you will lose the NCB and also, a slightly higher premium next year onwards. Please work out the math and take a call. However, going by the reactions of the opposite party, seems like he wants to dig his own grave. None can help him in that case .

P.S. - Really appreciate your honesty and the fact that you stood up for the right **salute**

-Shivang Gandotra

[alto99]

Originally Posted by MetalBuff

As for Akshay, firstly you will lose the NCB and also, a slightly higher premium next year onwards. Please work out the math and take a call.

Again - Akshays NCB will not be lost unless he claims from his "comprehensive" insurance for his own vehicle. For anything other than his own vehicle it is TP.

[akshaymahajan]

Originally Posted by alto99

Again - Akshays NCB will not be lost unless he claims from his "comprehensive" insurance for his own vehicle. For anything other than his own vehicle it is TP.

Wow. Thats definitely good news. I had ignored more than a dozen of his calls so I called him back to tell him again that all communication should be via emails. The call went exactly as I had imagined. He said he was in the Delhi Police or Traffic police (I am sure he mentioned both in the same call )
He told me if I did not pay up he would come to my office and "Pehle paise lunga fir police bulaunga". (take the money and then call the cops)

I have invited him over though I doubt the security will let him in. But if he comes I plan to do half his work at least and call the cops.

@MetalBuff: I tried. I damaged his property, I owed it to him to cover the damage. But I am not paying for his next set of Ray Bans. I feel bad about the accident but you dont mess with a avid Team-BHP reader about how insurance works. Atleast the basics. He still sticks to the he paid 80 % story and insurance paid only 20.

[Wheeliej]

The way people deal with accidents here is just sad. I'd rather pay than let someone take a swing at my face. Though I have a sort of legal question, If somebody gets violent after an accident irrespective of whose mistake it is, I can call the cops and file an FIR/case against him right?[/quote]

Yes, you could file a FIR. Am glad you did the right thing. That's all that anyone should expect. I don't see how insurance paid only 20%. possibly he is trying to collect his next years ncb loss too, but he should have said it clearly. Even with that 6500 Seems too high.

[MetalBuff]

Originally Posted by akshaymahajan

Wow. Thats definitely good news. I had ignored more than a dozen of his calls so I called him back to tell him again that all communication should be via emails. The call went exactly as I had imagined. He said he was in the Delhi Police or Traffic police (I am sure he mentioned both in the same call )
He told me if I did not pay up he would come to my office and "Pehle paise lunga fir police bulaunga". (take the money and then call the cops)

I have invited him over though I doubt the security will let him in. But if he comes I plan to do half his work at least and call the cops.

@MetalBuff: I tried. I damaged his property, I owed it to him to cover the damage. But I am not paying for his next set of Ray Bans. I feel bad about the accident but you dont mess with a avid Team-BHP reader about how insurance works. Atleast the basics. He still sticks to the he paid 80 % story and insurance paid only 20.

Originally Posted by Wheeliej

Yes, you could file a FIR. Am glad you did the right thing. That's all that anyone should expect. I don't see how insurance paid only 20%. possibly he is trying to collect his next years ncb loss too, but he should have said it clearly. Even with that 6500 Seems too high.

Did you ask him which insurance he has (80-20 split !!)? Who would buy such an insurance in the first place? Top it with a 45 day old car! Whom is he trying to fool?

Ideally, this is what typically follows for most of these cases where the person tries to help and is bullied all the more. Read elsewhere as well, people try extorting money. Why! Why do you want us to forego our faith in humanity?

Honestly, what I think he'll typically do is, pocket the money from you, get all of that fixed from a local mechanic and buy his wife some gold!

Also, now that he says, that he got it fixed, how come is he going to prove his case unless, he clicked some pictures.

Alternatively, why don't you ask him (not on mail) to send pictures of the "fixed" car? Would be fun .

-Shivang Gandotra

[akshaymahajan]

Originally Posted by Wheeliej

Yes, you could file a FIR. Am glad you did the right thing. That's all that anyone should expect. I don't see how insurance paid only 20%. possibly he is trying to collect his next years ncb loss too, but he should have said it clearly. Even with that 6500 Seems too high.

Oh lets not go to the NCB. I tried explaining him that if he wants 6500, go to my insurance company and ask for it. And he kept on saying that out of the 84xx the insurance company pays only 1600 and you have to pay the rest. I tried explaining him the 3rd party clause but

Originally Posted by MetalBuff

Did you ask him which insurance he has (80-20 split !!)? Who would buy such an insurance in the first place? Top it with a 45 day old car! Whom is he trying to fool?

Ideally, this is what typically follows for most of these cases where the person tries to help and is bullied all the more. Read elsewhere as well, people try extorting money. Why! Why do you want us to forego our faith in humanity?

Honestly, what I think he'll typically do is, pocket the money from you, get all of that fixed from a local mechanic and buy his wife some gold!

Also, now that he says, that he got it fixed, how come is he going to prove his case unless, he clicked some pictures.

Alternatively, why don't you ask him (not on mail) to send pictures of the "fixed" car? Would be fun .

-Shivang Gandotra

In all fairness, he did get the car fixed at a ***. I have a copy of the bill. Its for 8400 invoiced to Chola Manadalam and has his car number and phone number.

Update:
I just got an email saying if I dont pay up he will take strict action becausing I am harrassing him. Wow thats new.

[Googleman]

Originally Posted by akshaymahajan

Thanks all of you. I was trying to being a good citizen and covering my liability and paying 1500 odd seemed easier than going through the insurance way

1500 for banging up a 45 days old LIVA?

I don't think anyone would go for a touch-up job for a 45 days old car. They will surely get it done completely from the ***.

Also, not everyone's style is going to a local workshop guys. A lot of people go to the *** for the smallest thing.

So I suggest, talk to the owner and share the amount to a certain limit. Do not stick to 1500 or 2000. You should atleast pay half the amount.

By the way, commendable job by you in responding to him. Most people just vanish after they cause damage and do not care to respond.

[akshaymahajan]

Originally Posted by Googleman

1500 for banging up a 45 days old LIVA?

I don't think anyone would go for a touch-up job for a 45 days old car. They will surely get it done completely from the ***.

Also, not everyone's style is going to a local workshop guys. A lot of people go to the *** for the smallest thing.

So I suggest, talk to the owner and share the amount to a certain limit. Do not stick to 1500 or 2000. You should atleast pay half the amount.

By the way, commendable job by you in responding to him. Most people just vanish after they cause damage and do not care to respond.

These were the estimates I used

8.5k = 4.5 k (labour and paint) + 3900 odd (parts)

Now in that 1500 is for parts that were used for the left side which was damaged by a prior accident. I dont pay

4.5 k paid fully by insurance

1500 I dont care about

2400 balance. Plastic parts. So 50 % depriciation. Comes out to 1200. So round it up and 1500.

I dont think its unreasonable. Plus he is stuck at 6800. So I think my conversation with him is done. Its my insurance company that should ideally pay. And I have nothing to be scared of. I was going to call the cops there and then and he said that we will be late for our respective offices. And I agreed.

[Warwithwheels]

Originally Posted by akshaymahajan

In all fairness, he did get the car fixed at a ***. I have a copy of the bill. Its for 8400 invoiced to Chola Manadalam and has his car number and phone number.

If it is the "INVOICE" that carries Chola Mandalam's name on it, then am pretty sure, he is trying to profit from the deal by asking compensation from you.

My car recently suffered a minor damage for which I decided to pay out of hand. But the Company Authorized Workshop while generating the estimate had mentioned that I am getting it done thru' my insurance company.

Upon asking they said, by default their system is set to insurance mode even for customers who pay cash out of hand.

If it were the estimate you are talking about, am inclined to look at it from this angle too.

That said, whatever be the case, your legal liability is Zero!

Originally Posted by Googleman

So I suggest, talk to the owner and share the amount to a certain limit. Do not stick to 1500 or 2000. You should atleast pay half the amount.

Why the heck should I pay out of my pocket when I pay a considerable sum of money as Third Party (TP) Premium to cover all contingencies.

When you are on the road, it implies that you have accepted all the rules of the game. So accidents are part and parcel of the game unless it was caused intentionally or by reckless driving.

If people would settle all disputes outside the insurance company, then why would I have to pay my insurance at all? So if tomorrow I accidentally nudge the bumper of a Bentley or RR should I still be liable to bear "at least half the cost" which would atleast be a good 10% of value of my car itself?

As informed and responsible citizens, we should also ensure that we don't harass anybody unduly if we were on the other side of the fence unless the situation demands so.

[santoshr]

I totally agree, you have zero legal liability. Nobody intends to have an accident, By definition 'accident' means unintentional. And if such an unfortunate event occurs then thats what insurance is there for.
Its his fault he didn't opt for zero dep, who goes for standard insurance now a days especially when buying a new car.

[akshaymahajan]

Originally Posted by Warwithwheels

If it is the "INVOICE" that carries Chola Mandalam's name on it, then am pretty sure, he is trying to profit from the deal by asking compensation from you.

...

Upon asking they said, by default their system is set to insurance mode even for customers who pay cash out of hand.

If it were the estimate you are talking about, am inclined to look at it from this angle too.

That said, whatever be the case, your legal liability is Zero!

Warwithwheels: Thanks. I was thinking about the second point after reading your post. Then it occurred he already said that insurance paid 20 %. So he happens to be bluffing somewhere.

And the invoice is the bill from the Toyota workshop. The final printed bill.

Today's Update

The email I recieved was with a RED heading in bold that said reminder. He says, call me and pay up. No more emails.

So I am done.

PS: He sent me an invite on Linkedin though. I am still wondering why. I dont think I am going to endorse him.

[babu.sundaram]

All,

A urgent advice needed.

I park my car on road, it is a dead end road, usually safe. Today as usual I had parked the car and was getting into home. A cab guy (for a call center), picking up someone, wanted to reverse past my car, execute a 3 point turn behind my vehicle. He reversed fast, turned too early and hit my vehicle instead. I see rather deep scratches (and dents too) in areas of right front wheel and driver's door. (The door works though, I am unable to assess the extent of damage in dark). The cab is an Indica, mine is a WagonR. It looked like the rear bumper brushed past harshly against my car, but need to check tomorrow in day light.
For now, I have asked the driver (and through him, the owner) to come tomorrow morning, come with me to MASS and pay up the bill. And, we have blocked the cab in our area as pledge (I got scared with these guys.. if they pick and run off, I have no where to search for!).

Now, I need advice on what I should check for and ask for. Could you pl suggest?

(I am also concerned.. in these cases, if the front wheel is touched.. would it affect the vehicle's reliability or is it normal?).