[hserus]

Originally Posted by wildsdi5530

The damages are quite extensive with the boot, bumper and the rear chassis member needing replacement. Parts total comes to Rs. 67K. My car being out of production, will be off road for 8-10 days. The driver initially was very courteous and offered to pay for damages post insurance and also to compensate me for my daily travel. However he is now not answering my calls. What do you suggest I do?

I hope you got his details - file a FIR and claim on his insurance. Or did you already go and file a CSR with the cops based on the driver agreeing to compensate for the damages?

[a4anurag]

Originally Posted by adabass

Update: The manager was very cordial. He has asked to use insurance as some of the parts are very expensive and he will reimburse my NCB.

Get that in writing. Don't believe word of mouth.

Any details and images of the damage?

[Thad E Ginathom]

Originally Posted by adabass

Update: The manager was very cordial. He has asked to use insurance as some of the parts are very expensive and he will reimburse my NCB.

In other words, he wants you (your insurance) to pay but is asking nicely!

How is he going to reimburse your NCB? This is not a one-off cost, but an increase in your premium, year after year, until you have restored the NCB to its current level.

[arvind71181]

Originally Posted by Thad E Ginathom

In other words, he wants you (your insurance) to pay but is asking nicely!

How is he going to reimburse your NCB? This is not a one-off cost, but an increase in your premium, year after year, until you have restored the NCB to its current level.

+1

Ideally he should be paying for the entire damages from his pocket and your NCB should be untouched as this will have future repercussions as well. What did you say when he requested you to use insurance?

[katchkamalesh]

Originally Posted by hserus

I hope you got his details - file a FIR and claim on his insurance. Or did you already go and file a CSR with the cops based on the driver agreeing to compensate for the damages?

Originally Posted by Thad E Ginathom

In other words, he wants you (your insurance) to pay but is asking nicely!.

Originally Posted by arvind71181

+1

Ideally he should be paying for the entire damages from his pocket

I am not sure how a CSR or FIR is going to help in this case.

I got rear ended recently. I chose to file a complaint and got a CSR. Despite mentioning that I got rear ended by another vehicle and providing photographs, my insurance company went ahead and settled the bills from my own insurance. I had to pay for compulsory deductible and lose out on NCB.

Had this been a developed country, the other party’s insurer would have settled my bills.

I understand that it is very difficult and a time consuming process (read legal battle) to settle bills from the other party’s insurer. Hence even insurers prefer to pay up rather than fight it in the court. This is valid if there is damage only to property/vehicle. If in case there is an injury or death of a person then there is no option but to impound vehicles and fight it out in the court. Police might release the vehicle from impound before the trail comes to end depending on the severity of the accident and clout of the vehicle owner.

I lost my NCB because of this fiasco but I feel that I would have lost my peace of mind had I chosen to make the other party pay for the repairs. If you look at it, this was an accident after all and insurance is supposed to cover it.

On the other hand, if you have time in your hand and willing to fight it out, then probably you could muscle the other party to pay for it. This can and will turn ugly if the other person is powerful or connected.

[arvind71181]

Originally Posted by katchkamalesh

I am not sure how a CSR or FIR is going to help in this case.

The point at least that I was trying to make is that since the dealer is at fault here (not really at fault maybe, but the car was with him when the accident happened), he could pay for the expenses. Of course, paying using one's own insurance is the way to go in India, but this case is a bit different as its the dealer who is involved.

[hserus]

Originally Posted by katchkamalesh

I understand that it is very difficult and a time consuming process (read legal battle) to settle bills from the other party’s insurer. Hence even insurers prefer to pay up rather than fight it in the court. This is valid if there is damage only to property/vehicle. If in case there is an injury or death of a person then there is no option but to impound vehicles and fight it out in the court. Police might release the vehicle from impound before the trail comes to end depending on the severity of the accident and clout of the vehicle owner.

It is simple.

If the police give you a CSR documenting the issue, it simply means they have recorded the incident as being nobody's fault, unavoidable accident etc etc. Each side is left to bear their own costs of repair and claim their own insurance.

If the police give you an ***FIR*** naming the cabbie then you are entitled to claim against his insurance.

FIR will be generated as a matter of course if there is any major injury / death. If there is a relatively minor injury then the cops and the hospital themselves will record it as "fell down off the vehicle" or "fell in the bathroom" etc, rather than go to the trouble of all the accident related paperwork that an FIR needs - in fact some accident related paperwork if filed will trigger an FIR.

So the cops don't want unnecessary paperwork and will take several steps to avoid it and unless you insist on an FIR plus are aware of which sections it will be filed under, it won't be issued.

[katchkamalesh]

Originally Posted by arvind71181

The point at least that I was trying to make is that since the dealer is at fault here.

I was referring to the Mobilio RS incident.

In your case you could involve Hyundai and I am pretty sure that you will receive some compensation. Had the accident happened within the premises of the service station, the dealer would have claimed it under their insurance (after a lot of pressure) but since it has happened in the road, they will want to claim it from your insurer to avoid any monetary loss for them.

Since you say that the damage is not too extensive to ask for a replacement, you could ask them to bear NCB, compulsory deductible and may be throw in an extended warranty.

Make sure you involve Hyundai if you are not happy with the resolution provided by the dealer.

@Hserus: Yes. FIR will be filed only when there is an injury or death of a living being. Otherwise only CSR will be filed. To claim for damage from own insurance you do not need CSR.

[locusjag]

Originally Posted by katchkamalesh

Had this been a developed country, the other party’s insurer would have settled my bills.

In developed countries, the dealer would have had a commercial insurance policy (known as a Business Owner's Policy) and there's a coverage that he can add on to protect himself from liabilities arising out of losses to customers' properties that are in his custody. Dry cleaners and tailors hold on to customers' clothing, Jewelers might hold on to clients' jewelry at times and car repair garages certainly have customers' cars in their custody. This particular coverage would have kicked in when your car was damaged when in their custody and the dealer's commercial insurer would have had to pay out to your personal auto insurer. Your insurer would have straightaway tended to your repairs and this exchange of theirs with the commercial insurer would have happened behind the scenes, unknown to you.

The dealer's premiums would've shot up immediately, if he were a large business, or he'd get screwed by a higher premium during his annual renewal if he has a smaller business. Since these losses come to bite him in the...behind, he would be forced to ensure that such accidents are avoided or at least greatly minimized.

[katchkamalesh]

Originally Posted by locusjag

In developed countries, the dealer would have had a commercial insurance policy (known as a Business Owner's Policy)

I agree and I was referring to Mobilo incident and not that of the Tuscon. I have mentioned the same in my reply to Arvind.

In my case I was rear ended by a Toyota Etios on ECR. While my damages (elite i20) were limited to bumper and boot latch lock, Etios suffered damage to bumper, bonnet, quarter panels (and impact bar I guess). Even airbags were deployed. Since Etios was driven to the police station I think there was no damage to the engine and allied components.

Originally Posted by katchkamalesh

I was referring to the Mobilio RS incident.

In your case you could involve Hyundai and I am pretty sure that you will receive some compensation. Had the accident happened within the premises of the service station, the dealer would have claimed it under their insurance (after a lot of pressure) but since it has happened in the road, they will want to claim it from your insurer to avoid any monetary loss for them.

Since you say that the damage is not too extensive to ask for a replacement, you could ask them to bear NCB, compulsory deductible and may be throw in an extended warranty.

Make sure you involve Hyundai if you are not happy with the resolution provided by the dealer.

@Hserus: Yes. FIR will be filed only when there is an injury or death of a living being. Otherwise only CSR will be filed. To claim for damage from own insurance you do not need CSR.

[adabass]

So the dealer is going to give me a check/direct transfer to bank account. The total approx cost of repair was coming to about 1 lac and NCB will be about 18K. Of course 1 lac sounds quite high and the dealer requested for my permission to use insurance. I know that there will be a downstream impact of about 10k downstream in lost NCB, but it is more important for me that the vehicle gets repaired quickly and in good faith as I have to travel back to Hyderabad on the weekend with my family in the car.

[katchkamalesh]

Originally Posted by adabass

I have to travel back to Hyderabad on the weekend with my family in the car.

Typically bumper is sourced and painted at the workshop. Unless they have stock of the bumper, I am not sure how this can be done in 2 days. Since you feel that you are at loss, negotiate hard with them for extended warranty or some accessories.

If the service centre guys sense your urgency, they will gain an upper hand and will not heed to your demands. If you are not happy with how things are going, I suggest that you shoot an email to Hyundai’s customer care team immediately. If needed, I will PM you the email IDs of the sr. management people.

[Turbanator]

Originally Posted by adabass

I my vehicle has gotten in an accident where a Tempo struck it coming from the wrong direction

Originally Posted by adabass

So the dealer is going to give me a check/direct transfer to bank account.

It's good that Dealer is accepting the fault and reimbursing you for the loss. Though not very clear from the picture but for some reasons it does appear that the driver had hit something and not the other way as he is suggesting as the damage is very less though I may be totally wrong. Technically, this can happen with anyone, even you while you were going to deliver or take out the car back after service but no harm in asking them an extended warranty or something similar. I think Bumpers will be a common item so they should have one or someone else in your city may have. Hope they deliver as promise.

[adabass]

Update: the car is fixed and sorted. it took 6 days for the car to be bought back to original shape. (The bumper and spares were shipped from Chennai). This meant my plan of starting on Sun didnt work and instead had to travel on Tue. The dealer is giving NCB, though devil is in the details (we are negotiating no amount of NCB now ).

Will appreciate email ID of Sr mgmt in case I am not getting a favorable response on NCB.

[svaid]

Hi Folks
A friend's 2013 Altis was rear ended by another vehicle and suffered right tail light and bumper damage. Was thinking of recommending Trend automobiles in hosur road, Bangalore. But was not sure if they will be able to arrange tail light. I looked around in directory and found https://www.team-bhp.com/forum/banga...bangalore.html

Had two queries
a) Which is the best way to procure OEM right tail light? Can I trust Trend automobiles with the same if they agree?
b) For the bumper damage, will pointed repair work OR should we get the entire bumper replaced.

I am attaching picture of damage for reference.