[landcruiser123]

Hi AJ,
If possible, get some pictures from a perpendicular angle i.e. front of the car.
From what I can see, the LH side of the chassis has really taken a hit and the floor panel at the front passenger area is taken a major hit.
Even if it is repaired, the car will never be as strong as it was and there might be some major issues with tolerances, which might give rise to rattles.

I would advise against repairing this car. No better time to buy the new Figo if he has the budget. There are many good pre-owned cars too.

[ObsessedByFIAT]

Originally Posted by landcruiser123

Hi AJ,
If possible, get some pictures from a perpendicular angle i.e. front of the car.
From what I can see, the LH side of the chassis has really taken a hit and the floor panel at the front passenger area is taken a major hit.
Even if it is repaired, the car will never be as strong as it was and there might be some major issues with tolerances, which might give rise to rattles.

I would advise against repairing this car. No better time to buy the new Figo if he has the budget. There are many good pre-owned cars too.

Thank you for your inputs!

I have already requested him to get some pictures from front and rear side to show the body LHS line. He might be able to get those in a day or two.
The hit was so strong that his car was swayed side ways into a small ditch and the car had to be brought out using a toe truck.

The service center folks said that all the damaged parts will be cut and removed. New parts will be welded in their place. Surely it wont be as strong as the original and might give rise to other issues in future.

My friend is visiting the thread and is thankful for all the suggestions!

[apachelongbow]

Originally Posted by ObsessedByFIAT

@Mods: Thank you for shifting the thread to its right place!



Hope this further helps in suggesting the best approach which can be taken further.
I have shared the link of this thread with the owner of the car. Will post questions on his behalf.

As always, highly appreciate your inputs and suggestions! Thank you!

Firstly your friend should thank his lucky stars, that the car was built safe enough to cause no harm to the occupants. IMO by that itself the car has earned its keep so to speak. From the pictures it seems the estimates are around 1.5 lacs give or take, and I am sure the insurance company can cover the costs. Try and find out what is the amount to be had if the car is considered as scrap. If the car has no outstanding loans against it, and the insurance company gives a decent scrap value, one can consider scrapping it. From the mere looks of it, there seems to be minor bending of the monocoque at the LHS and using straightening machines it can be got back to original shape. Other minor damages are to the LHS side only and ancillaries like airbags etc. If the car is going to be repaired, please get a leak test conducted to ensure there is no water seepage in the repaired sections.

[ObsessedByFIAT]

@apachelongbow: Thank you for your inputs! Right now we are waiting for an estimate from independent garage. This guy has good experience with Ford cars and has good equipments to fix the car.

My friend has made a list of all the inputs and will weigh each of them before taking a final decision.

[McLaren Rulez]

Originally Posted by a4anurag

Sir, Please avoid getting this car repaired. The running board area and B-pillar seems to have taken the major part of the hit.

Originally Posted by landcruiser123

I would advise against repairing this car. No better time to buy the new Figo if he has the budget. There are many good pre-owned cars too.

The alternative is selling the car as scrap or for parts. Would the insurance company still pay what they were prepared to pay in this case? Or does it make sense to repair and sell (certainly, there is a market for this)?

That is the key question.

[ObsessedByFIAT]

@McLaren Rules: The insurance is ready to pay in the following conditions:

1. The obvious, we claim the insurance and get it repaired at the Ford service center. This is cashless option.
2. Claim the amount and get it repaired at an independent garage of choice.
3. Scrap the car through them, claim the insurance amount agreed to be paid by them plus the scrap value of the car. This option is what they are calling as Cash Loss Option

[aneeshtn]

Originally Posted by aneeshtn

Today my friend and family met with an accident on Kanakapura road around 65 km from Bangalore. The road is perfectly straight. According to locals, accidents are a common sight there. My friend's wife was driving and she doesn't remember much about the accident. There was no skid marks or any other vehicle involved. She just remembered steering to the left to not hit an auto which slowed down abruptly.

Quoted my own post here. We have finally got the estimate after inspection from toyota.
I am attaching it along with the post. Could any of the esteemed members throw light onto the condition of the car.

I am actually interested in what would be the condition of the car after repair. Is there anything we have to be careful while getting it done? Will the car be back to normal or will it have some problems after repair?

[audioholic]

Originally Posted by aneeshtn

Quoted my own post here. We have finally got the estimate after inspection from toyota.
I am attaching it along with the post. Could any of the esteemed members throw light onto the condition of the car.

I am actually interested in what would be the condition of the car after repair.

Since the estimate also indicates replacement of the apron, I guess the engine will have to be brought down from the car. If this is actually going to happen, then they should do a good job in putting things back as they were. Also while taking delivery of the car from your side you should insist on clear wheel alignment values and the car should have zero issues with respect to pulling to side, vibrations and sounds. If everything is done by a good set of mechanics, there shouldnt be any issues afterwards.

[aneeshtn]

Originally Posted by audioholic

Since the estimate also indicates replacement of the apron, I guess the engine will have to be brought down from the car. If this is actually going to happen, then they should do a good job in putting things back as they were. Also while taking delivery of the car from your side you should insist on clear wheel alignment values and the car should have zero issues with respect to pulling to side, vibrations and sounds. If everything is done by a good set of mechanics, there shouldnt be any issues afterwards.

Thanks for the quick reply, will surely check the things you mentioned while taking delivery. So i believe nothing major has happened which might affect the structural integrity of the car as per your post.

Like in the picture, the rear part of the car was in a ditch and the electricity pole wire(the one they use for don't know what) was tangled under the car and it was difficult to take the car out.
The towing guys gave many excuses and wanted to leave the scene saying they can't get it on to the flat bed. Finally some locals helped in untangling the wire and getting it onto the flatbed. I thought they(towing service guys) were responsible for getting the car towed, but anyways we could somehow manage it. I am not sure how someone stranded in the middle of nowhere will deal with it.

[sunishsamuel]

So it was a nice Friday noon. I was ready to go to office and also wanted to go to the bank, so decided to take my car out.

On the way i spotted an indica taking a last minute reverse and left turn to avoid getting on to a flyover and i decided to slow down. Once the indica moved away i decided to move ahead. Before i could gain momentum all i am hearing is a loud thud. I knew someone rammed into my car. Got down to check and this is what i see.




Unfortunate, but accidents do happen. The Xylo driver got down and said i was at high speed and suddenly braked. I told him that i did not anything of that sort and asked him what was the relation of rear ending and high speed ? I was not even close to 40kmph when the incident happened. He then said that its a customer car and that the damages to the Xylo needs to be repaired too. The Xylo apparently was on a test/trial run after engine work. I then suggested that he can give me the customer details, I will speak to them and inform about what has happened, also get the insurance details and settle the matter. He refused.

I checked online and found this link so decided to ask for the insurance details.

I immediately call the police and they come within 10 minutes (should appreciate that they are super fast !) The officer told me to take pictures of both vehicles and now park to the side so that traffic is not affected. Meanwhile the Xylo driver calls up the dealership and some of his colleagues reach the spot. One guy who seemed the service advisor was very cordial and empathised that its unfortunate and let's see what can be done. I said please repair the damage and he said that insurance claim is the best and need to ask his boss if he can share customer details. He then requested me to wait for another "ten minutes" so that he can get the manager to the spot. After that we can decide and then go to the police station for further action. I waited, the ten minutes turned out to be more than 45 minutes and finally a guy claiming to be the manager/boss meets me, shakes hand and then tells me that i am at fault. I replied, listen you did not even speak to any one, how can you say i am at fault ? He retorted that he spoke to the driver and his staff will not do any mistake. So i said the issue is someone coming and hitting me from the back and how can that me my fault ? He also said that i was at high speed and suddenly braked. That was really irritating. I asked him to then show the tyre marks and also asked him to get whatever needed to check the OBD and see the last recorded speed (not sure if that would work but i just told) He immediately said look computers on the car will give figures differently so we cannot rely.

I again told, look i understand what has happened but let me speak to the customer and i will discuss about claiming the insurance. Else you repair the car. He got a little upset and said we have terms and conditions and whatever happens within our hands, we will pay and repair customer cars, if 3rd party is involved its not our headache. I did not get this, i again repeated what i wanted and he was adamant that he cannot repair or share customer and insurance details.

Then i said we have no choice but to file a complaint. He said "Do what you want, nothing is going to happen" I understood the tone but i decided to go to the station. They were supposed to get a towing vehicle and tow the Xylo to the station as well. They kept saying 10 minutes for more than an 30 minutes and the cop got upset. He shouted at them to not waste his time and get the tow van quickly. Since all were getting delayed, without waiting for the tow van, we go to the station and meet the Sub Inspector. Meanwhile, i spoke to couple of advocates and they told that filing FIR is the first and once the police gets the insurance and other details from the Xylo owner, we can get the claim processed. Fair enough, i think that's practical too considering the driver is not going to pay up for the damage !

Now at the station, the inspector greets and asks me to sit down. Asked me to narrate what happened.

Me - I slowed down seeing a taxi cab taking a last minute reverse and left turn to avoid the fly over. And then this happened.

Xylo Driver - Sir was at high speed and he braked suddenly. So i did not get a chance to stop.

SI - Aye? Did you not maintain distance between your car and the one in front of you ? If you cannot then you are not fit for driving ? Regardless if you hit any vehicle from behind, then its your mistake not of the car in front of you. You should know how to control your vehicle.

Xylo Driver - The Ford car got ABS and Xylo does not have ABS so i could not stop.

SI - Dont give me all those. You have to repair the car and give.

Me - Sir, can you please get the customer details and inform him ? That way let's make it cleaner.

SI - Why dont you speak to the Mahindra guys and negotiate ? Let me know after that.

I go to the "Manager/Boss" and tells him, listen i need the car fixed. Either you pay or give the customer details so that we can proceed.

Manager/Boss - Do whatever you want. I spoke to my GM, MD and Mahindra. They all said nothing will happen and behind me. You want to file a case, you do that. I am not going to be affected, i can sit here all day. Your time is being wasted. We know what to do with the customer car so we will take care of that. You claim your insurance or repair it. That's your problem.

Me - Listen that's not what i want.Why can't we solve this amicably ?

Manager/Boss - I dont have anything more to say.

I then go back and meets the SI, told him that they are not ready to do anything. SI calls the "Manager/Boss" and asks him what's that you decided ? He then started saying that I was at high speed, suddenly braked and also added that i tried running away, was stopped by the public and they called the police and what not.

That obviously infuriated me. SI understood and called the driver. Driver comes in.

Xylo Driver - Yes, the incident happened and sir was sitting inside the car calling someone. He did not go or run away and he is the one who called the police.

SI - Can you show your phone ?

Me - Here it is, gave the call details and also showed the number from which i got the call (the cop who came to the spot)

SI - With an upset tone, why do you cook up stories ?

Manager/Boss - I only told what my driver told me.

SI - But your driver is contradicting.

The SI suggested to lodge a complaint and also asked to get the vehicle documents. He also mentioned that the vehicles can be taken away, make sure the pictures are safe.

I lodged a complaint, the Mahindra dealer also lodges a complaint against me. Cops asked me to meet them tomorrow at 10.30am. He also asked the Mahindra guys to be available by then.

I have tweeted to Anand Mahindra, Pavan Goenka, yet to get a response. Not sure if the tweets are looked into.

Questions:

1) Isnt it the dealer's responsibility to own up and pay for the damages ?
2) Assuming they will not do, shouldn't the Xylo insurer pay for the damages to my car ? The owner of the Xylo will have to sort it out with the Mahindra dealer for the fiasco, sadly but true.
3) Let's assume the above cannot be done for various reasons, why can't the dealership pay for the charges that are not covered by insurance (there are a bunch of things like labor, consumables etc not covered and estimate from Ford is about 10-15k) and make sure such mistakes are not repeated again ?
4) Or this is another incident caused by dealership and that's it ?

Its deeply frustrating when people do mistakes and then try to justify. I can understand people trying to negotiate but being arrogant that i have my bosses plus Mahindra behind me and nothing will happen ? I just can't understand.

I have to now go to the station in the morning to get the FIR. Hopefully i will get the insurance details of the Xylo to proceed further. I don't know what the outcome will be but i hope something positive comes out. I dont know what else to do. Hopefully some changes to the law will be there to provide relief in such situations.

[GrammarNazi]

Tailgating is illegal. The law says so.

You can decide based on availability of time. If you don't have time & you feel the cost benefit of time lost due to running around is favoring that you rather lose ~1000 claim charges & NCB, then it's probably the insurance route.

[aaggoswami]

Why are you dragged into it, infact you are the victim who got rear ended ? I too rear ended a Bolero cash vehicle, they left. I got my car repaired.

Xylo driver has rear ended you. If you are not concerned about insurance NCB, get your car repaired. In my view, you should not have stopped. If they filed case against you, you can then revert with counter claim that your vehicle was damaged by Xylo driver.

Right now, both, you and Mahindra dealership, have filed report against each other. Dealer would supposedly have a larger team of individuals to help and wont lose on time, but you are likely to lose on time too. Getting police case on you, unless you are proven guilty or otherwise, or if the case is amicably settled outside court ( if it does, ensure its in written and you have a copy of the agreement ) there could be a pressure on you, a certain bug at the back of your mind about the case. And cases are likely to get dragged. The SI probably knows this and I hope he tries to work around a deal. Another party, the Xylo owner, could be crucial.

For further action, your lawyer is the perfect person to take along at police station. Be of stand that your vehicle was rear ended and you need to be compensated for repairs. Probably get a quote from Ford dealer too including repair costs and timeline for which your car is likely to be at the dealership. Also, clearly inform the Xylo driver that it was your generosity that you stopped to check if he was OK or not, despite him being at fault. Ask him what speeds was he doing as his focus to claim is on high speeds. If the case concludes to an agreement and in meantime your car is repaired get NCB cost from dealership or the entire repair bill in case you did not go for insurance claim. If dealer is ready to negotiate, be on firm ground and your lawyer should be able to help you out.

[sunishsamuel]

Thanks, i am surely concerned about the time factor.

But if i can get the insurer details of the Xylo, can i lodge a complaint with them and then have them survey the car and understand how much they can pay? Would that be a straight forward process or not worth it ?

The outcome i expect is the FIR. Since both filed complaints, each of us will get the FIR copy and then we can decide what to do next. That's what the lawyer tells me.

Why did I stop ? First, i did not want to run away and then receive a letter from anyone that they have filed a case against me (happened to couple of my friends so will not take a chance) for the damages caused to the Xylo. Even i needed the FIR (so that insurance process works) i will have to lodge a complaint and wait for the police to inspect the spot and then write the report.

[haria]

That's a sad situation.

AFAIK, in the case of a rear-ending, generally the person who rear-ends is deemed guilty as it is his responsibility to keep sufficient breaking distance.
If you can convincingly prove that you did not break at high speeds, you should be able to get something from the dealer.

The dealer is trying to push the whole thing under the carpet and not involve the customer, as he is sure to raise hell with them for this accident. I think he's just trying a bluff - call it and see what happens.

Also if there are any CCTV cameras on the road/shop , you can request the cops to get it so that the whole thing can be proved more easily.

BTW, what is the extent of damage which you car suffered ? from the pic, it doesn't look too bad ( I may be wrong here)

[sunishsamuel]

Originally Posted by haria

That's a sad situation.

BTW, what is the extent of damage which you car suffered ? from the pic, it doesn't look too bad ( I may be wrong here)

I need to check if i can gather some cctv footage. That's something i will check tomorrow. The damages are supposedly costly per the body shop manager. But he is yet to prepare the estimate as he needs to the car in his custody.