[hellraizer]

Meanwhile, I have contacted everyone possible at Honda; Honda Care, Regional Office, their twitter account, but no satisfactory answers. I still have no clue on when they are going to ship the necessary parts. Its 16 days since the car is grounded. I am just wondering that all this is normal and its supposed to work this way. In India, does anyone care for the customer? I am able to manage as I have my other car. Imagine if this was the only car with me. Its frustrating.

[cedizen]

Hi All,

Need your urgent expert advice on a recent accident that my Cedia met 4 days ago.Below was the scenario that occurred.

- My Cedia was parked near an open ground on the extreme corner alongwith other vehicles around while we were attending a function.

- A New driver came in a 2nd Hand Ford Fusion he had recently purchased and first dashed a parked scooter at a speed of 60-70 km/hr and dragged the scooter to my parked car and hit it badly on the driver side

- The scooter got crushed between my Cedia and his Ford Fusion. (Please see attached pic)

- This is my car's first accident since last 3.5 years of its brand new purchase and the damages are as below:
- Driver side Front Door
- Driver side Rear Door
- Driver side Airdum (Underbody skirting)
- Driver side Running rod (Under bodyline below the doors)
- Rear Taillight

A Police FIR was done after the crowd had gathered and I have a copy of the FIR with me. Below are some imp facts in the FIR:
- Opponent driver on Ford Fusion does not have a 4 wheeler license
- He does not have a learning license as well (Only 2 wheeler license he got)
- Opponent driver is the owner of this Ford Fusion
- There is No 'L' sign on his car
- Detailed damages of my car
- Detailed damages of the scooter


I took the car to nearby Mitsubishi workshop and they have clearly told that none of the damaged parts above are in a repairable condition and need to be replaced. This even I agree and am very much convinced upon.

However they estimated the total costs to be around 2.25-2.50 lakhs out of which about 1.2-1.5 lakhs (exact figures yet to come in another 2 days) will be reimbursed by the insurance company. Keeping these figures into picture I am supposed to shell out about a lakh from my pocket for something where it wasn't at all a mistake from my end.My car was simply parked safely in a corner.

The other driver is willing to pay on a sum of 40k for me to fix my repairs and asks me to go to the court for any amount above this. He has agreed to buy a 2nd hand scooter to the scooter owner.

But this means I would be required to pay 60k from my pocket which I really cant bear . This guy has only a Third Party insurance which he cannot claim as he does not have a driving license.

Can someone please guide me what can I do to get the compensation from this guy. My car wil be at workshop for about a month and I have no other vehicle with me to commute anywhere. 1 month of pain, hours of time wastage in police station and phone conversations with the guy and workshop guys, unnecessary expenditures on Autos n Taxis is what I am going through now. I dont want to bear this pain for his mistake and still shell out a heavy 60k from my pocket.

Please help and advise if i should allow the workshop guys to start working on repairs or not?

[mempheS.D]

Ouch!

I am so sorry about this unfortunate incident. The FIR is the way to go, but 60k is a lot of money for someone else's mistake. What's that guy's take? Have you explored or incepted the idea of an out of court settlement with him? Let him bear the expenses of your repair in full or part if he doesn't want to walk in and out of the police station.

All depends on what influence the other guy has. If he's someone who wouldn't mind having a police case registered, then you may have to bear the brunt.

Sorry again.

[cedizen]

Thanks mempheS.D ... Total expense to be borne from my pocket is about 1 lakh. Out of which this guy is willing to pay 40k and is asking me to bear the remaining 60k. Ofcourse he is wanting to avoid going to the court as he does not have a driving license and will be in soup if we go to the court. But he is not agreeing to go above 40k :(

[apachelongbow]

File a FIR asap against the other driver. In the FIR file criminal charges, amounting to criminal negligence amounting to loss of life or if possible attempt to murder. This may be possible since the driver wilfully and knowingly drove his car, without legal driving licence and after hitting the scooter, didn't apply brakes and wilfully rammed it into your car, with the express intention to damage your car, property and cause damage to limb and life.
Try use a lawyer and ensure it becomes a non bailable offence. This should set the other party right and make him shell out the entire damage amount.

Discuss with a good competent lawyer to find out how to go about this. I believe a good stern call from the local police inspector should set him right.
The cheek of the man, willingly driving without licence, not competent behind the wheel and then acting smart when asked to pay up for damages!!!

[sandeepmohan]

Finding a solution for this problem in the most corrupt country in the world is going to take something. You may do all the legal procedures but getting something out of it will take its own sweet time and money for sure. It will be a miracle if things work in your favor faster. Ask the idiot who banged your car to sell that Fusion and pay up for the damages.

From the damages visible, I don't see any reason to replace the doors. It should be possible to fix them which will save you a ton of cash. The rest of the parts will surely require replacement.

[cedizen]

Thanks guys for your suggestions.

This can be a good content to file in the case as FIR I already got done. How much time does it usually take to go through this kind of rigorous process?

I'll go this guy's house tomorrow and tell him this is what I m going to do and see if he agrees to settle now.

But do usually such kind of cases lead to final justice? Should I be claiming a compensation for this pain?

[mayankk]

Originally Posted by cedizen

Thanks guys for your suggestions.

This can be a good content to file in the case as FIR I already got done. How much time does it usually take to go through this kind of rigorous process?

I'll go this guy's house tomorrow and tell him this is what I m going to do and see if he agrees to settle now.

But do usually such kind of cases lead to final justice? Should I be claiming a compensation for this pain?

Have a lawyer serve him up. One attendance, whenever it happens, is all it'll take. The documentation from the cops mentions the license erratas, yeah?
Only thing is getting involved in court proceedings, slightly painful.

[srinih75]

Originally Posted by cedizen

Please help and advise if i should allow the workshop guys to start working on repairs or not?

It is sad to see insurance company is not able to cover all damages. What is the reason they are giving? Depreciation? If you have a way do not start repair as it would mean you are going to pay for the balance. Not sure if your coverage had many exclusions. This is definitely not self damage as you have an FIR. Your insurance company should be responsible to work with the other guy's insurance company and claim the rest.

[srinih75]

Originally Posted by mayankk

Have a lawyer serve him up. One attendance, whenever it happens, is all it'll take. The documentation from the cops mentions the license erratas, yeah?
Only thing is getting involved in court proceedings, slightly painful.

Hi cedizen, once things go to court the Fusion guy may come to settle out of court for full cash. The saving grace is you were not in the car when it hit you and scooter wasn't being driven when it all happened. What does the cops say here? You might want to get some idea from them also - since they would be dealing with many such cases. See if you can pull some of those connects you have to get some feelers.

[cedizen]

Hi srinih75

Cop seems to have got a good bribe from him as cop says his part is over for me snd whatever he does now to that guy is not my business and I should proceed with my insurance claims.

Cop mentioned he cant do anything in case the guy doesn't pay me. But yeah your suggestion seems strong to me.1 visit or call from a lawyer should do my thing if this guy understands the legal consequences of driving and dashing without a license. It was his first day of learning though.

[apachelongbow]

Originally Posted by cedizen

Hi srinih75

Cop seems to have got a good bribe from him as cop says his part is over for me snd whatever he does now to that guy is not my business and I should proceed with my insurance claims.

Cop mentioned he cant do anything in case the guy doesn't pay me. But yeah your suggestion seems strong to me.1 visit or call from a lawyer should do my thing if this guy understands the legal consequences of driving and dashing without a license. It was his first day of learning though.

How can he drive without a valid 4 wheeler licence? Did he have prominent L boards displayed? Did he have a valid learner's licence? Did a valid licence holder sit next to him when he was driving his L board car? If its no for even one of the above he is legally wrong, and his offense is a criminal offense. Of course the cop has eaten his bribe and hence is spouting nonsense. A legal notice/court order served by your lawyer implying both the driver and the cop would set things right.

[cedizen]

Originally Posted by apachelongbow

How can he drive without a valid 4 wheeler licence? Did he have prominent L boards displayed? Did he have a valid learner's licence? Did a valid licence holder sit next to him when he was driving his L board car? If its no for even one of the above he is legally wrong, and his offense is a criminal offense. Of course the cop has eaten his bribe and hence is spouting nonsense. A legal notice/court order served by your lawyer implying both the driver and the cop would set things right.

Hi,

This guy was learning and doesnt have any learning license as well. There wasn't any 'L' sign on his car.

There was a carpenter sitting next to him who has a valid license for LMVs. I'll get in touch with a lawyer and see what can be done.

[bblost]

Originally Posted by cedizen

Hi srinih75

Cop seems to have got a good bribe from him as cop says his part is over for me snd whatever he does now to that guy is not my business and I should proceed with my insurance claims.

Cop mentioned he cant do anything in case the guy doesn't pay me. But yeah your suggestion seems strong to me.1 visit or call from a lawyer should do my thing if this guy understands the legal consequences of driving and dashing without a license. It was his first day of learning though.

I think the cop is correct. He cannot ask the guy to pay you money. The court has to decide on liability. Once the court has given its verdict the cop can help you claim it. Even then if the guy refuses, the cop will have to wait till the court convicts the guy and asks him to be jailed.

[adnaps]

Originally Posted by bblost

I think the cop is correct. He cannot ask the guy to pay you money. The court has to decide on liability. Once the court has given its verdict the cop can help you claim it. Even then if the guy refuses, the cop will have to wait till the court convicts the guy and asks him to be jailed.

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.