[Blue Thunder]

hey, sunson, hope you have recovered from the mental/physical trauma of this unfortunate incident. What is the situation now? Are you taking legal action against the dealer? Please do post more details.

[m3_07]

dude....how on earth did they bill you for 22K on the auto???? Did they take the cash lumpsum as quoted by SOMEONE OR were they against bills????

I can understand the pressure under which they made you pay the bills. A criminal case against the dealer fits the bill in here. All you need is a good lawyer!!

[jaysmokesleaves]

@ Sunson
I hope you have sufficiently recovered from your trauma.
What is the exact current status of the proceedings from your end ?
Have you initiated legal proceedings against the dealer or not?
What is the status of the case against you for property damage?
You may have to repeat a complaint with maruti or maybe get to someone at their headoffice. Im not sure how Maruti functions.

[dhaval]

Sorry to hear all that mate. In this hard times all i can say is that everyone here on team bhp is with you, although just written words cant console all the pain that you have gone through. As adviced by many i am sure you must have taken a legal course by now, i want to suggest you something. Please do not by any means sign on any documents or papers whatsoever from here on without taking a consent or word of advice from your lawyer, and try and avoid any kinds of payments whether in cash or kind to anyone till the entire legal tangle gets over. And please dont fall prey to the dealers' tactics as it is evident that he wants to extract money from you.
Hope you come out as a winner from all this

[joslicx]

@dhaval
sir there are no winners in accidents! Both sides are victims one way or other!

Let us hope he comes out of it! Really a very unfortunate situation. Reminds me of my own accident experience (the only one so far with a car). fortunately I was in US and not in India when it happened. I was driving a Ford Taurus (which is a pretty long car, given that I drive an Alto here in India!) and it had a GPS system to provide driving directions. We were visiting a friend and the GPS was set to his address. It was evening (getting quite dark) and also raining incessantly (so roads were wet as well). My GPS indicated me to take a right which I missed as it was just in nick of time and I was a bit fast (around 40 mph). It then spent a minute to recalculate alternate route and again asked for a right turn just in the nick of time (only 100 yrds or so from the turn) I didnt want to miss it this time so took that (wasnt at more than 35-40mph while negotiating the turn)
but I took a rather long turn (as I had a long car) and just at the last moment saw a car waiting on the other side (that was a side road, without dividers, just 2 single lanes for both side traffic) for left. Slammed brakes fully and watched the car skid and hit his car from the side (driver's side front door)! He was driving a Camry (quite an old one). The gentleman wasnt hurt (neither were anybody from our car) but he got stuck as his door took the full impact and got bent alongwith some of the car body. Anyway he came out with some difficulty. We offered apologies which he accepted and was really nice enough to say that accidents in that kind of weather happen. Anyway he called up cops who gave me a ticket (for negligent driving). My Taurus didnt even get a minor scratch! (So realized that day how good and sturdy Fords are and how not-so-sturdy Japanese cars are - something any american will also vouch for!). Insurance took care of his car. Anyway I was really impressed by calmness of that gentleman even in midst of that horrible accident (that was Thanksgiving night and he got late by 2 hours because of us!) and that really helped us also to calm down and destress (later I drove that car to friends place and back myself even after that accident). It was the first accident of my life (touch-wood). But after hearing this story I just shudder to think of being involved in one here in India!
Anyway boss, wish you get out of your troubles sooner than later and thank god you are fine (compliments to SX4 really). Rest all is just money (as my boss later that night had quipped!).

[BaCkSeAtDrIVeR]

Sunson, was anybody injured / hospitalised for the incident?

I am a bit surprised that the dealer made you pay for the auto. In "normal" course, you pay for such 3rd party damages only when you want to avoid a criminal case.

Did the auto guy give you a written undertaking that he has no claim for the autoand that he will not claim damages to his physical self? I have come across cases where courts have refused to take into consideration such written undertakings by and still hold the owner / insurance company liable. Do not trust any bill from anybody for repairs - either get the work done in a workshop YOU trust, or pay up upfront on an agreed amount, and make clear that you will not get a refund if the actual cost of repairs is less, and you will not pay up extra if actual cost of repairs was more. If that was not agreeable to the other guy, you ought to have asked them to sue you - which they already have done. So there really was no need to pay up.

I simply cannot understand the rationale behind the 30% Bimal is claiming as irrecoverable from the insurance company. It appears the vehicle is totalled - means total cost of repairs is more than cost of a new vehicle. What happens in such cases is that the insurance company takes the vehicle and gives (what I believe is) the FULL amount for which the vehicle is insured.

Hint - The matter is still being investigated by the police. if the matter is settled out of court, they may report that you were not negligent.

[dhaval]

Originally Posted by joslicx

@dhaval
sir there are no winners in accidents! Both sides are victims one way or other!

Agreed.
And if this is true, then i believe there is always a polite and a non violent way to respond for people like you and me (learned and educated people) in such situations. Hitting left right to a helpless individual is just not justifiable, and this kind of behavior does not hold a place atleast in the society of sophisticated people. The anti-social elements (read that as the goondas who only try to be men when in groups; the so called mob) are always there everywhere and these are the ones who actually take undue advantage of the situation and make the matters more worse. Anyways to cut the crap all i wanted to say was, the dealer could have handled the situation more professionally rather than showing such indecency in front of the public. As they say, accidents are just uncontrollable and there is not much one can do if atall one takes place.
And before it gets too boring one thing i would like to add Joslicx:
Be it India or the US of A, the situation more or less remains the same, when someone becomes a victim of a mob and faces its fury. In your case you were lucky that you bumped in into a man who was as educated and as polite a gentleman as you

[sajands]

Hey Sunson,

Why dont you fax them and check if you get a reply, hope this helps,
Registered and Corporate office
11th Floor, Jeevan Prakash, 25, Kasturba Gandhi Marg,
New Delhi - 110001, India
[91-11-23316831 (10 lines)
Fax: 91-11-23318754, 91-11-23713575

202, 2nd Floor, Embassy Classic
Vittal Mallya Road, Bangalore - 560001
(080) 41120017-19
Fax: 22484841

Regards,
Sajan

[Superleggera]

@Sunson, Hope you came out of all these unfortunate incidents. Please dont let the depression and horror stop you from suing the dealer. Sue him to that extend that he will not raise his fingers to any of his customers again.

[Seran Manian]

Sunson looks to be off this thread. Hope his problem is sorted out. My god, what a tough time he had.

[herculesksp]

Bad dude. I heard about this from Chandan's friend Deepa. Totally unwarranted action from the public and then again from the dealer. I know zilch about legal stuff but I feel you should lodge a counter case that the car was faulty. I heard that you were driving at around 70 and the car shouldnt have behaved that way.

You should be able to claim physical and mental torture and file damages against maruti and bimal for what has happened.

[ashthedivx]

Extremly Horrible incident !! Feel extremely sorry for you mate. I am not sure, how i missed this thread. You surely had a tough time, thanks to the guy who flew you away from the people.

Get a good lawyer, stick a powerful case to the dealer as well as Maruti. You should claim for the mental and physical torture for sure..

[maxbhp]

Originally Posted by Seran Manian

Sunson looks to be off this thread. Hope his problem is sorted out. My god, what a tough time he had.

He is off this thread for a reason . Imgaine yourself in his position and just go through the thread , am sure you will pretty much understand why he is not here .

[sunson]

Originally Posted by maxbhp

He is off this thread for a reason . Imgaine yourself in his position and just go through the thread , am sure you will pretty much understand why he is not here .

I have been off the thread because I have been busy with all sorts of things (including work). Thanks guys, for all the inputs!

I'm right now not taking any step forward other than having lodged a complaint on Maruti about the dealer's behaviour. If the dealer resorts to any further cheap tricks, I'll probably escalate all this.

[pavan137]

Hey i saw this car getting towed, sorry not towed it was getting dragged. I told the towing vehicle driver to slow down as the car was falling apart, did take some pictures to show it to Bimal Motor to whom the car belonged.

I never thought the driver survived but lucky you mate sunson very lucky.
make sure you dont get anymore abused by the dealers. Let the court take its course by then build up your defense you have lot of articles on web with similar situations .
You can contact me may be I can help you find some help in these matters.

Make sure you dont get treated this way and find out about the guy who hit you at the hospital, he may be in for lot of fun.