[apachelongbow]

Originally Posted by adnaps

Absolutely correct. Had gone through a serious incident myself and based on my experience I would like to appraise the following.
1. The cops will file a criminal case against the driver under some clauses like rash and negligent driving ,causing damage to others etc. In most of these cases, the court will impose a small fine of Rs. 1000-3000 at the discretion of the court.
2. The affected party which is srinih75 and the owner of the scooter will have to claim damages separately under the motor vehicle act. The insurer of the fusion will pay the compensation as ordered by the court. If the insurer declines responsibility as the driver was without a license, the owner of the fusion will have to pay the damages from his pocket.
3. Srinih75 and the owner of the scooter in the meanwhile can also claim cost of repairs from their respective insurers. In such a case there is no need to file a claim in the court. My guess is that in such cases, the respective insurance companies resolve the issue within themselves. Experts may clarify.

I am not an expert, but as far as I understand, can an insurance company refuse insurance because the driver causing the accident was without licence? And the owner too has said he refuses to pay anything beyond Rs40k. In this case, if SriniH goes to court, it will take donkey's years for the case to come up, be heard and then decided. Best is to file a FIR stating criminal intent with threat to life, that should pressurize the driver to settle out of court.

[hellraizer]

Meanwhile, I'm still waiting for my Brio. Everyday they have a different excuse. Apparently the driver side of the airbags haven't come yet. It's 33 days since the car is grounded. My mail to their regional office did not even get a response. I have a feeling that the Hondas have turned really arrogant. Another friend of mine who got the city last week reported that his dealership experience at white field Honda was sub par.

I am hugely disappointed with Honda. They are turning out to be the same as VW and Skoda.

[hurricane brat]

So basically, my colleague Perakath, who is also a Team BHP member (thinks he should be bumped up to a distinguished BHPian now) and I were involved in a case of Team BHP bumper cars. While trying to park next to my swift dzire vdi, his toyota innova clipped my back bumper and scraped a lot of the paint off! Since the scratches were big and noticeable, i decided to get the whole bumper re-painted. The cost of re-painting the bumper came up to 4k! Pretty steep in my opinion, although Perakath kindly bore most of the cost. The question is whether we got over-charged. Also, please share if there are other instances of Team BHPians being involved in accidents with each other!

[swarnava.m]

Originally Posted by hurricane brat

So basically, my colleague Perakath, who is also a Team BHP member (thinks he should be bumped up to a distinguished BHPian now) and I were involved in a case of Team BHP bumper cars. While trying to park next to my swift dzire vdi, his toyota innova clipped my back bumper and scraped a lot of the paint off! Since the scratches were big and noticeable, i decided to get the whole bumper re-painted. The cost of re-painting the bumper came up to 4k! Pretty steep in my opinion, although Perakath kindly bore most of the cost. The question is whether we got over-charged. Also, please share if there are other instances of Team BHPians being involved in accidents with each other!

I do believe you were overcharged. The cost of painting the full bumper of my Alto is 2k. For a larger car like Dzire, it certainly can't be double right?

Was this at MASS or elsewhere? I assume it was MASS.

[hurricane brat]

Originally Posted by swarnava.m

I do believe you were overcharged. The cost of painting the full bumper of my Alto is 2k. For a larger car like Dzire, it certainly can't be double right?

Was this at MASS or elsewhere? I assume it was MASS.

thanks! i did have a sneaky suspicion we were overcharged. It wasn't MASS, mainly because i was too lazy to go there . It was a mechanic near my office that i use regularly

[Perakath]

Originally Posted by swarnava.m

Was this at MASS or elsewhere? I assume it was MASS.

No it was not MASS, it was just an A-S-S of a mechanic called Murthy. He's near our office hence convenient to use, but we have nothing to evaluate his quotes against. Should probably start getting second opinions going forward.

[coolnawab]

Hi,

Last evening was bad. Wifey driving. Stopped at the side of the road. Opened the door & boom, a biker driving pretty fast crashed into it. He fell down & suffered minor cuts & bruises. Glad that wifey hadn't stepped out or he would have crashed into her. Small crowd gathered but no major hungama on the road.

Took him to the nearest hospital which administered first aid & then recommended to go to another one for a couple of stitches the biker needed near the eyebrow. Now dropped him to that hospital (he had called one more friend by this time). They asked for 1000 bucks which were duly paid. I thought this ended on an amicable note.
Now they are calling & asking for 1000 more and possibly even more for repair of bike which is still "unestimated".

Car repair guys asking for 6000 since the door is getting stuck while opening.

Need your advice on what's the best way to proceed.

Thanks!

[MetalBuff]

Originally Posted by coolnawab

Hi,

Last evening was bad. Wifey driving. Stopped at the side of the road. Opened the door & boom, a biker driving pretty fast crashed into it. He fell down & suffered minor cuts & bruises. Glad that wifey hadn't stepped out or he would have crashed into her. Small crowd gathered but no major hungama on the road.

Took him to the nearest hospital which administered first aid & then recommended to go to another one for a couple of stitches the biker needed near the eyebrow. Now dropped him to that hospital (he had called one more friend by this time). They asked for 1000 bucks which were duly paid. I thought this ended on an amicable note.
Now they are calling & asking for 1000 more and possibly even more for repair of bike which is still "unestimated".

Car repair guys asking for 6000 since the door is getting stuck while opening.

Need your advice on what's the best way to proceed.

Thanks!

The Indian judicial system is so complex that, the best thing is to stay as far as possible from it.

I know things are easier said than done. However, when they call up again, do tell them , if they continue with the same demands, you will go ahead and file a FIR against them with the police (for extortion). Why? As you already mentioned, he was riding pretty fast. And to top it, there was no loss of life. Ask him to go ahead and claim the damages from his own insurance.

Or if he still doesn't relent, then agree to part with the difference of the claim (only if he has a comprehensive insurance).

What is he threatening you with?

As for your vehicle, 6k seems to be fine i guess, considering, the impact. Do try another local garage and seek a second opinion.

[bijuiser]

As far as I see, this is just an accident. You still have time to report the incident to the Police. You can also proceed with an Insurance claim for your damage. Please do not entertain any more demands from the opposite party. You have done your duty by providing him first-aid and by not running away from the scene. I don't know how the situation would work in Karnataka, but if this happens with me in Maharashtra- I would first go an inform the police, file an FIR and then think of informing the opposite party. This way they won't make any extortion calls as you are willing to go legal way of letting the third-party cover handle the compensation. The extortion call will stop for sure. If the opposite party opts to go to the police first there are possibilities that the matter can be fabricated against you, also if you pay again, they will come back again. Please note that I don't mean to scare you but it's always better to initiate legally from your side and settle the matter once and for all. Accidents happen everyday and no need to worry. There's always a way out of any situation. Take advice from your friends and proceed with confidence.

[coolnawab]

Originally Posted by bijuiser

As far as I see, this is just an accident. You still have time to report the incident to the Police.
======= There's always a way out of any situation. Take advice from your friends and proceed with confidence.

Thanks. For reporting this, do I need to go to the Police Station nearest to the site of the accident or my local one would do?

[coolnawab]

Originally Posted by MetalBuff

What is he threatening you with?

What else but a Police Case!
I'm sure he'll threaten with vendetta later on.

[bijuiser]

Originally Posted by coolnawab

Thanks. For reporting this, do I need to go to the Police Station nearest to the site of the accident or my local one would do?

You should go to your local Police Station with a learned friend and see what help they offer.

[Guite]

Surprising there is no dedicated thread on accident insurance claim. This thread may be moved / merged as required.

My car met with an accident day before yesterday. It suffered a hit on the front at right angle, damaging both headlights, bumper, bonnet, radiator and frame holding radiator. The culprit was a Tata 407.

When the car was towed to the Hyundai body shop as advised by insurer Bharti AXA, the manager there said that on the face of it total cost of repair will be aprox 70k, of which my liability will be approx 20k. The insurance inspector surveyed the car yesterday and apparently made an estimate of 1.5L, of which my liability will be 50%. The workshop says they will start work as soon as insurer gives work order.

At this point I am a confused bundle. So my questions are:

1. What is the correct procedure for accident insurance claim? A step by step list will help a lot.

2. Who makes the estimate: insurer or workshop? How much say do I have in it, after all I also have to pay.

3. What exactly is that work order? Does it include some estimate by whoever? Am I not entitled to a detailed estimate prior to start of work?

I have been advised about option to dispose, for which insurer will pay me some amount. But that's another ball game.

I can provide more details as required. Any response will be highly appreciated.

[parsh]

Originally Posted by Guite

1. What is the correct procedure for accident insurance claim? A step by step list will help a lot.

2. Who makes the estimate: insurer or workshop? How much say do I have in it, after all I also have to pay.

3. What exactly is that work order? Does it include some estimate by whoever? Am I not entitled to a detailed estimate prior to start of work?

I have been advised about option to dispose, for which insurer will pay me some amount. But that's another ball game.

I can provide more details as required. Any response will be highly appreciated.

1. If your insurer has cashless tie-up with the workshop, you just need take the car to the workshop.

The workshop will then call the assessor and do the due diligence alongwith the insurer's assessor and give you an estimate of insurance coverage and your liability.

Once you approve the estimate, the insurer gives the work order as insurer is the one getting the work done from workshop on your behalf.

Upon work completion, when you have verified the work etc and accept the work done and do the settlement of your liability, the insurer releases the balance liability to the workshop.

If you are not satisfied with the work, you have the option to make them do proper work and then only make payment and settle the claim. Remember, the additional work done due to this does not bring additional liability upon you.

2. Workshop and assessor can both do independent estimate but they will have to arrive at single view about the work together because the insurer has to approve of the work estimate and their liability, afterall it is the money going out of their pocket and hit to their profit. Also, if there is a tie-up, it is generally not so gruesome and works easily.

3. Refer to 1. The insurer is the one approving the work required and paying for most of the liability. So the insurer has to give a work order after your consent to the work/liability involved.

This is as per my experience and discussions.

[Guite]

Originally Posted by parsh

1. Once you approve the estimate, the insurer gives the work order as insurer is the one getting the work done from workshop on your behalf.

Thanks for the response, parsh.

As per our interaction so far with workshop and insurer, and as per Bharti AXA website http://www.bharti-axagi.co.in/how-make-claim (refer step #4) insured party's consent does not seem to figure. Strange.

It's also strange how insurer's estimate is higher than workshop's, since insurer stands to lose from it.