[kb100]

Originally Posted by nickatnite

The dealer is out of an almost 8lac car. Who is responsible and accountable for that?. The car?.

CLEARLY THE DEALER IS - If the Dealer does not have insurance - ONLY they are! IN fact they both responsible and accountable for ALL the collateral damage as well - That's what the laws in India state!

Add another 10 lacs for endangering my life in an uninsured test drive car and yet another 50 lacs for beating me up!

Imagine what could have happened to the mans family in case something had happened to him in that uninsured car - what do you think the economic value of HIS LIFE is? (which of course adds to the dealerships liability!)

If you are running a CAR dealership - the first thing you shout take is INSURANCE! - and if you don't you have to suffer ALL consequences stemming from your action - or in this case inaction - PERIOD! "Its called Cost of Doing Business"

Just stating facts here - the only guy who got lynched here is poor Sunson

'm not familiar with Indian law. Can anyone take a test drive with a car, and if an accident occurs, can anyone just walk away telling the dealer. "It's your problem, not mine", without determining liability/fault/cause of accident?. I don't know. I'm asking. Is there a lawyer who can clarify?.

Yes - I am in the Insurance business - so I am qualified - Permit me to clarify

Yes you can walk away from any accident. It IS the dealers/Insurance company's problem - including all third party damage. IN fact if the driver does not have a valid driver's license then it becomes SOLELY the dealers problem - The Insurance company does not have to pay a penny! Which is why all dealers take a copy of your driving license BEFORE permitting you to get behind the wheels of the test drive car.

An accident is simply that - An accident - regardless of who is to blame the INSURED EVENT took place - Therefore the Insurance company pays. The assumption is again that no one willingly crashes. Very difficult to prove malafide intent in these cases!

And if there is NO insurance - well then the ENTIRE liability is on the Dealers head! - Including all third party damage - real and imagined (Autorikshaw, metal trauma, loss of libodo etc)

[nickatnite]

Originally Posted by kb100

CLEARLY THE DEALER IS - If the Dealer does not have insurance - ONLY they are! IN fact they both responsible and accountable for ALL the collateral damage as well - That's what the laws in India state!

Add another 10 lacs for endangering my life in an uninsured test drive car and yet another 50 lacs for beating me up!

Imagine what could have happened to the mans family in case something had happened to him in that uninsured car - what do you think the economic value of HIS LIFE is? (which of course adds to the dealerships liability!)

If you are running a CAR dealership - the first thing you shout take is INSURANCE! - and if you don't you have to suffer ALL consequences stemming from your action - or in this case inaction - PERIOD! "Its called Cost of Doing Business"

Just stating facts here - the only guy who got lynched here is poor Sunson

Thank God i don't live here permanently anymore. By the by, i don't think one can take a car on the street here without having insurance. It is the law isn't it?. I don't buy the dealer's claim that he didn't have insurance. 'sunson' has landed himself in soup. This will be a long and protracted legal battle unless both parties settle out of court. And, thanx for your reply, but are you a legal expert?. Or, are you assuming what you stated in your reply is law.

[kb100]

Originally Posted by nickatnite

And, thanx for your reply, but are you a legal expert?. Or, are you assuming what you stated in your reply is law.

Guess you posted this before I could edit my post in response to your edit!!

To clarify - Yes I am in the Insurance Business - So guess I am qualified! - Please look up Post #135 on on the previous page for details

[nickatnite]

Originally Posted by kb100

Guess you posted this before I could edit my post in response to your edit!!

To clarify - Yes I am in the Insurance Business - So guess I am qualified! - Please look up Post #135 on on the previous page for details

Cool. 'sunson' is in soup. We should help him sort this out before the situation drains him. The car in question is insured. No doubt about that. You know what a judge will do, going by the facts.

[whatcanthisbe]

to the op
I've just PMed you the number for BIMAL's owner, he is a nice guy and very level headed talk to him

some links on bimal


Bangalore Business Directory, Bangalore Industrial Directory, Bangalore Educational Directory, BBD, BID, BED. Deploy portals, intranets and content-centric Web sites
If it's silver you're a show off!-Bangalore Times-Cities-The Times of India
Bimal Auto
Hot car, cool statement-Bangalore Times-Cities-The Times of India
The Hindu Business Line : Time for another car
BIMAL AUTO AGENCY - BANGALORE Review

[opendro]

Originally Posted by nickatnite

By the by, i don't think one can take a car on the street here without having insurance. It is the law isn't it?. I don't buy the dealer's claim that he didn't have insurance.

Only the third party insurance is mandated by law.

[spadival]

Originally Posted by nickatnite

The dealer is out of an almost 8lac car. Who is responsible and accountable for that?

If you mean monetary responsibility, than its between the dealer and his insurance company. If dealer has only 3rd party insurance or no insurance for the TD car, tough luck..but dealer screwed himself in the process of saving a few pennies.

Its pretty simple and its the same case all over the world. And 8lac seems like nothing when you look at this case -> http://www.team-bhp.com/forum/intern...-porsches.html

[jaganm]

This is based on my observation of many test driven cars on the outer ring road, I've seen people drive at unsafe speeds in heavy traffic, just a moment of bad luck away from a serious accident. The public mentality being what it is, it will be very difficult for the driver to escape from the mob fury, people are just looking for a target to take out their frustration.

So, an appeal to t-bhpians, take it easy when you test drive a car. Evaluating a car is more than just driving fast, and if you need to evaluate how it behaves at high speed, take it out of the city limits. Or better still, read t-bhp and learn from real-life user experience.

[xtr21]

Really very sorry to hear about this incident. Must be really traumatic. I hope sansun you get out of this quickly - you've gone through enough already.

This is our worst nightmare.

[shivag]

I am really sorry abt what had happened to you. As many suggested please stick on to the legal way and you can easily get out of this fuss. Also if you think if you are reasonably safe or have support there in Banaglore please pursue a legal case on the physical assult on the dealer directly for using force at the Police Station. In india we have the worst Police force with good for nothing folks always ...you could not have expected a timely rescue from the police at the Police Station. I could not imagine how bad and helpless your father and wife would have felt at the situation. Also please get this to the attention of Maruti Udyog. Any law does not allow anybody to get emotional and take law in their hands so definitely you will get help from law.

One thing you need to be aware there are plenty ..hunderds and thousands of laws in India that are in place to protect a common man. All you need is the guts, supportive friends and a judicious lawayer. I think you can win this battle against the injustice meted out to you.

Unfortunately all we can give you is some advice or words to console and keep you composed. As rightly said I thank and wish the very best to the lovely soul who came up and helped you guys from the mob. See there was always a god sent angel to help the good soul like you..

Take care
Shiva

[anonymous]

As others suggested, please take a legal way. Also bring this to attention of Maruti. You can use the following channel to contact them
Email ID - contact at maruti.co.in
(Call- 9910202020 or Toll Free-1800 1800 180)
Got this info from Indian Consumer Complaints Forum

[rahulvilas]

Very unfortunate incident.These things are unpredictable and often turn scary if not handled properly.Incase you have decided to go the legal way and want help and support,you can PM me.Have some contacts in Bangalore and an extremely good lawyer is just a call away.
And don't worry just regain your composure and confidence and things would fall in place.Lots of suggestions and "what to do " have already poured in.
You only need to be mentally strong and tough for the sake of your family and we all would be behind you.


Rahul.

[Dolphin]

I am really sorry to hear about your horrific experience.
Well, well, this is India and mob fury is what we get if we are in the wrong situation at the wrong time. God save!

First of all, try to forget about what the mob did to you at the accident spot. There are uncultured and uncivilized animals all over. Samaritans like Ali are scarce these days but they do exist.

Just think that you are lucky to have made out of there with minor injuries. Unimaginable things can happen in mob fury.

Will give an example-
About 6 months back, a KSRTC bus mowed down a child on the Bangalore-Kanakpura road, near some village. The driver didn’t stop the bus, he choose to flee. Instantaneously a large mob gathered, the road was blocked. After about 10-15 mins another KSRTC bus driver on the same route got down from his bus to check ‘why the road block’. What happened next was a brutal and barbaric act by the mob. They caught hold of this innocent driver who knew nothing about the accident and lynched him! Very sad, very sad.

Sunson, there may have been some problem with the car or some other reason, but what the Bimal Automobile guys did to you is totally unacceptable.

Get justice, sue them. They are a customer related organization.
To get justice, things move at a slow pace in India, but you be dedicated and patient and don’t leave any stone unturned. You will get results.

PS: I agree with the points made by kb100.

[kb100]

Friends I think Sunson is either busy or recuperating from his ordeal. I am sure collectively we have contributed all we can to help/sympathise.

Lets now see if sunson has any updates for us.

[sunson]

Originally Posted by kb100

CLEARLY THE DEALER IS - If the Dealer does not have insurance - ONLY they are! IN fact they both responsible and accountable for ALL the collateral damage as well - That's what the laws in India state!

Add another 10 lacs for endangering my life in an uninsured test drive car and yet another 50 lacs for beating me up!

Guys, I never said the dealer DOES NOT have an insurance. He (rather a few of his sales types employees) were just forcing me to pay up 30% flat AND to give a blank cheque as a security instrument. Obviously I refused because 1. a flat-30% is not justified by any supporting insurance company quote 2. Even if the insurance company quoted a 30%, I wouldn't be able to pay it up right away since I'm an ordinary salaried person. 3. Blank Cheque is just plain not acceptable (unless someone has hijacked my close-someone and is threatening me to pay up at gun-point, that is).

Yes you can walk away from any accident. It IS the dealers/Insurance company's problem - including all third party damage. IN fact if the driver does not have a valid driver's license then it becomes SOLELY the dealers problem - The Insurance company does not have to pay a penny! Which is why all dealers take a copy of your driving license BEFORE permitting you to get behind the wheels of the test drive car.

Point taken. Do you know if it is mandatory to sign some paper of sorts before taking a test-drive? I know that there are atleast two dealers in India who ask for a signature on a form that checks if the driver has a DL, etc.,. (of course, I do have a DL, right now at the police station)). But that's two dealers out of an total infinite number of dealers

And if there is NO insurance - well then the ENTIRE liability is on the Dealers head! - Including all third party damage - real and imagined (Autorikshaw, metal trauma, loss of libodo etc)

I forgot to mention, I ended up paying for the damaged auto. The dealer guys cleverly made me do this because I'm sure they knew it would become their liability (3rd party? or maybe more) if the auto's case ended up becoming legal. I paid Rs.22,000/- towards the auto (Call me a loser, but at that moment and all the pressure, I ended up doing it) Later got to know (from someone who is into dealing with auto-rickshaw repairs, insurance claims, etc.,.) that it wouldn't take anything more than 10,000/- TOTALLY to fix the damaged auto.

Plus my booking advance (Rs.20,000/-) is stuck with the dealer right now. But I'm sure that isn't a difficulty to obtain since I have a customer ID, etc.,.

I've also registered a complaint with Maruti about the whole incident. I got an Ack but never heard a useful reply from them (been more than a week since I got the Ack).