Horrible accident while test driving SX4 (Mob/dealer beat up the driver)

sunson · 21st April 2008, 10:04

Quote:

Originally Posted by gopinathann

Is that really the EPS error or human error, was the EPS light showing up when you started your car to indicate that there was a problem in EPS?

I actually didn't notice if the EPS light showed up at the time of entering. I was on the phone as I entered the driver's seat. The engine was already running. Habitually, I fastened the seat-belts even without realizing it, as I was on the phone. I moved the car as soon as the phone call ended. So I have no idea if the EPS light was aglow.

dadu · 21st April 2008, 10:05

I will not be surprised if they come up with an Insurance note now, showing it was insured.

But this definitely needs highlighting to the news channel and other forms apart from maruti.

Quote:

Originally Posted by svsantosh

Sunson.... If you have the luck and investigative brains to prove that the particular SX4 DOES NOT HAVE INSURANCE, YOU ARE SAFE. You can take BIMAL for a RIDE.

sreenidhibr · 21st April 2008, 10:07

It is a sad experience indeed. Have faith in God and conviction within yourself to carry on the legal battle.

revvedup · 21st April 2008, 10:17

I remember that the SX4 has a ECU that controls the EPS , you can try to get access to it if possible to determine if it was really your fault .

sunson · 21st April 2008, 10:21

Quote:

Originally Posted by svsantosh

Sunson.... If you have the luck and investigative brains to prove that the particular SX4 DOES NOT HAVE INSURANCE, YOU ARE SAFE. You can take BIMAL for a RIDE.

Well, I never said they don't have the insurance. I (now) know for a fact that they have their insurance done (from Royal Sundaram). So no issues there.

esteem_lover · 21st April 2008, 10:43

I cannot understand why the dealer had to hit you, i would have hit him right back, if i was you. What is his loss ? If it were a few lakhs, he could have demanded that in a civil way without touching you. What gives him the right to strike you ? I can understand the mob hitting you, but the dealer ? What civilised world is this ?

Secondly, where is the clause that says you have to bear the insurance difference in case of an accident ? You have not signed anything for the test drive.

So did you actually book a car with them & if so what do you propose to do now ?

rks · 21st April 2008, 11:00

Quote:

Originally Posted by revvedup

I remember that the SX4 has a ECU that controls the EPS , you can try to get access to it if possible to determine if it was really your fault .

I do not see how the dealer can make any case stand up in court without a proper accident investigation by the police. For all we know the accident could have been caused by some defect in the car, say, with EPS or a tyre burst and so on. It seems to me that only a thorough investigation will rule out these possible causes. Surely the onus should be on the dealer to prove that the car supplied was not defective. I doubt if the judge will accept just eyewitness reports as conclusive evidence of driver error.

The dealer may be just using intimidation and bluff. I do hope that Sunson puts up a strong legal case and makes the dealer pay for such unacceptable tactics.

dibbasu · 21st April 2008, 11:34

Do you remember what was your speed while changing lanes?

naikpranav · 21st April 2008, 12:24

In the SX4, the Power steering is speed sensitive right ? so If you were going faster, it should have switched off, besides after the Airbags deployed, the fuel line should have been cut, how come it kept going ?

rks · 21st April 2008, 12:44

Quote:

Originally Posted by dibbasu

Do you remember what was your speed while changing lanes?

Police can always establish the speed at which the SX4 was driven and they would no doubt claim that Sunson was overspeeding. Secondly, the fact that the car dragged on for a considerable distance after hitting the divider can also be easily established. These will probably be the weaknesses in Sunson's defence.

NetfreakBombay · 21st April 2008, 13:09

Hey,

PLEASE DELETE Your original post. You have mentioned lot of things that can go against you.

EDIT : Removed certain parts. Sending that as PM

sunson · 21st April 2008, 13:20

Can someone tell me if the ECU is the Blackbox flight recorder equivalent for cars? If yes, what kind of info can be obtained from it? Would it throw light on whether the fuel line cut-off happened or not? This info might or might not get used against me but I'm interested in knowing atleast from the academics point of view.

kb100 · 21st April 2008, 13:38

DO NOT WORRY

There is nothing the dealer can do legally. He is SUPPOSED to have insurance on any car that he uses for a test drive - in Fact there is a separate policy and a temp regn certificate given to all dealers for this. Let alone a demo car - even if they take your car out during regular servicing etc they are supposed to display that temp regn in the car for them to get coverage under their insurance policy.

IF they have not done it, and you have a valid driving license and were not under the influence of alcohol etc, then clearly you can sue them for every penny they are worth for endangering your life in a uninsured car, and the subsequent roughing up , threatening etc that you had to endure.

Take it up - its only because no one takes this up that these guys continue to do dare to do these kind of things with impunity!

GTO - Touring · 21st April 2008, 13:50

This is absolutely OUTRAGEOUS! Mobs, being mobs, are expected to get unruly but that god-forsaken dealer had the guts to use force against you?!! I would have gone back with a mob of my friends and beat him black, blue and made him parade naked on the street. But thats just me.

Sunson : I am truly sorry for this tragedy of an experience that you have been through. Anyone can get into a driving accident, but no one deserves to be treated like this. You must fight for justice:

1. Get in touch with a lawyer and start criminal proceedings against that dealership. Him beating you up, using force to make you sign on a prepared letter and part with a blank cheque makes him punishable under several criminal sections. Believe you me, our legal system does NOT tolerate such injustice / strong-arm tactics and he will be forced to pay a very very heavy price for manhandling a customer. Make sure that your lawyer is senior / knowledgeable as some of the applicable criminal sections are unbailable. Fight tooth & nail for justice.

2. File a criminal complaint, under advice of your lawyer, at the applicable police station.

3. Get in touch with news channels such as Aaj Tak, Times Now etc. I distinctly remember extensive coverage in Jan 2008, of a Bangalore couple which were unnecessarily abused by the police in a park.

4. Phone as well as write to Maruti, and get their attention to this. Show them what an disgraceful piece of lard their authorised dealership is. Also let them know that you are proceeding with full criminal proceedings.

Please keep us updated on this. If you do need any help from our end, just use the contact us form with your specific request.

nitrous · 21st April 2008, 14:05

There is a procedure for test drives.
And if you have a valid license, you can take this legally.

I'm disgusted by the dealer's behavior. This is what happens when an illiterate likes to gets into "business" purely for the money. If I was the dealer,I would consider it an unfortunate event and do the necessary. After all, it is just a monetary loss.

21st April 2008, 10:07	#48
sreenidhibr BHPian Join Date: Sep 2007 Location: Bangalore Posts: 119 Thanked: 2 Times View My Garage	It is a sad experience indeed. Have faith in God and conviction within yourself to carry on the legal battle.
	() Thanks

21st April 2008, 10:17	#49
revvedup BHPian Join Date: Sep 2006 Location: Delhi Posts: 269 Thanked: 24 Times	I remember that the SX4 has a ECU that controls the EPS , you can try to get access to it if possible to determine if it was really your fault .
	() Thanks

21st April 2008, 10:43	#51
esteem_lover Senior - BHPian Join Date: Jul 2006 Location: Madras/Py Posts: 7,556 Thanked: 502 Times View My Garage	I cannot understand why the dealer had to hit you, i would have hit him right back, if i was you. What is his loss ? If it were a few lakhs, he could have demanded that in a civil way without touching you. What gives him the right to strike you ? I can understand the mob hitting you, but the dealer ? What civilised world is this ? Secondly, where is the clause that says you have to bear the insurance difference in case of an accident ? You have not signed anything for the test drive. So did you actually book a car with them & if so what do you propose to do now ?
	() Thanks

21st April 2008, 11:34	#53
dibbasu Newbie Join Date: Aug 2007 Location: Kolkata Posts: 23 Thanked: 0 Times	Do you remember what was your speed while changing lanes?
	() Thanks

21st April 2008, 12:24	#54
naikpranav BHPian Join Date: Feb 2008 Location: Mumbai, Scottsdale, AZ Posts: 152 Thanked: 19 Times	In the SX4, the Power steering is speed sensitive right ? so If you were going faster, it should have switched off, besides after the Airbags deployed, the fuel line should have been cut, how come it kept going ?
	() Thanks

21st April 2008, 13:09	#56
NetfreakBombay Senior - BHPian Join Date: Jan 2008 Location: Bombay Posts: 1,466 Thanked: 1,021 Times	Hey, PLEASE DELETE Your original post. You have mentioned lot of things that can go against you. EDIT : Removed certain parts. Sending that as PM
	() Thanks

21st April 2008, 13:20	#57
sunson Newbie Join Date: Apr 2008 Location: Bangalore Posts: 14 Thanked: 3 Times	Can someone tell me if the ECU is the Blackbox flight recorder equivalent for cars? If yes, what kind of info can be obtained from it? Would it throw light on whether the fuel line cut-off happened or not? This info might or might not get used against me but I'm interested in knowing atleast from the academics point of view.
	() Thanks

21st April 2008, 13:38	#58
kb100 Senior - BHPian Join Date: Feb 2006 Location: Bangy Boy! Posts: 1,555 Thanked: 21 Times	DO NOT WORRY There is nothing the dealer can do legally. He is SUPPOSED to have insurance on any car that he uses for a test drive - in Fact there is a separate policy and a temp regn certificate given to all dealers for this. Let alone a demo car - even if they take your car out during regular servicing etc they are supposed to display that temp regn in the car for them to get coverage under their insurance policy. IF they have not done it, and you have a valid driving license and were not under the influence of alcohol etc, then clearly you can sue them for every penny they are worth for endangering your life in a uninsured car, and the subsequent roughing up , threatening etc that you had to endure. Take it up - its only because no one takes this up that these guys continue to do dare to do these kind of things with impunity!
	() Thanks

21st April 2008, 13:50	#59
GTO - Touring BHPian Join Date: Aug 2004 Location: Mumbai Posts: 710 Thanked: 54 Times	This is absolutely OUTRAGEOUS! Mobs, being mobs, are expected to get unruly but that god-forsaken dealer had the guts to use force against you?!! I would have gone back with a mob of my friends and beat him black, blue and made him parade naked on the street. But thats just me. Sunson : I am truly sorry for this tragedy of an experience that you have been through. Anyone can get into a driving accident, but no one deserves to be treated like this. You must fight for justice: 1. Get in touch with a lawyer and start criminal proceedings against that dealership. Him beating you up, using force to make you sign on a prepared letter and part with a blank cheque makes him punishable under several criminal sections. Believe you me, our legal system does NOT tolerate such injustice / strong-arm tactics and he will be forced to pay a very very heavy price for manhandling a customer. Make sure that your lawyer is senior / knowledgeable as some of the applicable criminal sections are unbailable. Fight tooth & nail for justice. 2. File a criminal complaint, under advice of your lawyer, at the applicable police station. 3. Get in touch with news channels such as Aaj Tak, Times Now etc. I distinctly remember extensive coverage in Jan 2008, of a Bangalore couple which were unnecessarily abused by the police in a park. 4. Phone as well as write to Maruti, and get their attention to this. Show them what an disgraceful piece of lard their authorised dealership is. Also let them know that you are proceeding with full criminal proceedings. Please keep us updated on this. If you do need any help from our end, just use the contact us form with your specific request. Last edited by GTO - Touring : 21st April 2008 at 13:52.
	() Thanks

21st April 2008, 14:05	#60
nitrous Senior - BHPian Join Date: May 2004 Location: UAE/Lon/Madras Posts: 6,965 Thanked: 325 Times View My Garage	There is a procedure for test drives. And if you have a valid license, you can take this legally. I'm disgusted by the dealer's behavior. This is what happens when an illiterate likes to gets into "business" purely for the money. If I was the dealer,I would consider it an unfortunate event and do the necessary. After all, it is just a monetary loss.
	() Thanks