[shivshanker]

Originally Posted by CR-V

Have been involved in different accidents which different kind of people

What I have experienced in the accidents I have been involved in India

s

my two cents, based on real life experiences.

In the first instance, if it is a minor brush against another vehicle, most probably you would have scratch. In the interest of time, your blood pressure etc. safety for your family who is on the car etc. better to let it pass.

Simply forget it and get some rubbing compound, this will solve or rather erase most problems errr some small scratches etc. Dents will have to be taken to the body shop.

In any case, you do not require a FIR copy in India to register an Insurance claim, why waste the cop's time, he will be busy filling in his coffers and then the state's, particularly in that order.

Agreed, we all love out vehicles, but I guess in this age wherein I have seen a few known people die due to sudden heart related problems, better to LOVE ourselves first.

Me First, Me First!

Secondly, if he accident is a major one, then you need to start thinking who are your good friends.

I was involved in a major crash earlier last year, if it had not been for the timely intervention by my friends, I would have been taken to the Govt Hospital, that is the worst that can happen to you.

Friends!, take good care of them, they will help you out.

After my crash, as soon as I got out of the vehicle, (I had rammed a person from behind and both vehicles had turned turtle) I had the consciousness and the presence of mind to understand what the hell had suddenly happened.

Lady luck, my good fortune etc. .you name it was on my side, one of the lady passengers started screaming at the driver " I had warned you against reversing on the freeway".

That was the cause, I asked a passer by to take pics of both the vehicles from all angles. They came in handy later with the cops.

within 30 minutes the cops came cleared the mess and wanted to take me to the Govt. hospital, timely intervention by a friend ensured that I was taken to a private clinic.

He had to give his name and telephone number, post which the inspector allowed him to take away.

This knowledgeable friend, assured me that medical care can now be given in the absence of a Police Case, so not only do you need a friend, he also has to be knowledgeable.

I was taken to the hospital, the ortho was summoned, I was taken to the xray, friends arranged for comfortable clothing. Again friends.

Post the doc's visit, I informed by wife and my friends stood by me till backup support arrived.

Now the cops came back on the scene, since I had rammed this person from behind I was supposed to be arrested, the pics bailed me as I could prove that the other guy was at fault.

The the hospital will write a formal letter to the local police chowki, somebody needs to get an acknowledgement, the your RC, insurance, PUC and other documents needs to be submitted to police.

Remember to take the FIR Copy and preserve it and make some 100 copies of the same.

The reason I am sharing this on forum is purely as a procedural nightmare a REAL accident can get to be.

Next, to be discussed are medical claims for the post accident care and auto insurance claims,

If people are interested in knowing the nuances can share.

[CR-V]

Originally Posted by SDP

As per my understanding FIR means "a offense has happened and needs to be investigated". Once the police have investigated, the findings need to be presented to the court for the court to decide whose fault was it and what is the amount of compensation, if any. So, yes, the compensation through third-party-insurance (or otherwise) has to be routed through a court case.

Experts can comment and correct my understanding.

Can compensation through third party happen? Just from the wording I thought If meant when two cars collide they are considered party one and two and in case a third individual (physical person not a car) was involved in that accident then that comes under Third Party?

[SDP]

Originally Posted by CR-V

Can compensation through third party happen? Just from the wording I thought If meant when two cars collide they are considered party one and two and in case a third individual (physical person not a car) was involved in that accident then that comes under Third Party?

Yes, you are right in that interpretation. Would like to add just one thing. When a public or private property gets damaged during an accident (e.g. a accident causing a compund wall of a house to collapse), then compensation for that damage is also covered under third-party.
At least that is my understanding.

[navdeep.rana]

Suppose I am driving down the road, following all rules, normal speed, and someone (in two wheeler) out of nowhere comes and slams right into my vehicle (four wheeler) and gets injured but I have no way to prove that it was his fault only. How should I handle the situation as you know public gets very angry and sometimes even start beating the driver with bigger vehicle without even knowing who was at mistake.?

And what if I am the one who mistakenly committed the accident? How to handle both scenarios? How will Police run their course of action in both the cases? Does one gets slammed with criminal charges in both cases?

[Divya Sharan]

Use a good dashcam.
They've literally become a need nowadays.

1. When a 2 wheeler has hit you.
You can only try to be calm and engage with your lawyer buddies/police as soon as possible. If the other party is severely injured, you can take them to a nearby hospital and have the whole footage recorded and saved on your phone. A lot of cams allow a wifi connection to allow data transfer.
This footage will be your savior in case the matter reaches court.

2. When you have hit a 2 wheeler.
Same as above.

When the normal passing junta sees that the driver of the bigger vehicle is being helpful, they usually don't beat the hell out of him.

[navdeep.rana]

Originally Posted by Divya Sharan

Use a good dashcam.
They've literally become a need nowadays.

1. When a 2 wheeler has hit you.
You can only try to be calm and engage with your lawyer buddies/police as soon as possible. If the other party is severely injured, you can take them to a nearby hospital and have the whole footage recorded and saved on your phone. A lot of cams allow a wifi connection to allow data transfer.
This footage will be your savior in case the matter reaches court.

2. When you have hit a 2 wheeler.
Same as above.

When the normal passing junta sees that the driver of the bigger vehicle is being helpful, they usually don't beat the hell out of him.

Thanks a lot for the reply. But what if I don't have dash cam or anything else to show as evidence .

[locusjag]

After going through this thread and also based on my own experiences, I swear I felt for a moment that I should sell off my cars and keep riding only my motorcycle. You should be blessed to ride a motorcycle in India; it's like you have a blank cheque with you at all times...of course, you are also statistically most likely to get maimed or killed on one. Anyway, I'm not sure if even having a dashcam will help. I do have one and I don't move my car an inch without it.

Has anyone had dashcam footage of an accident and has it helped them get out of a sticky situation?

[atrocious]

I drove all the way from Delhi to Hyderabad without my car breaking a sweat. A couple of weeks in the city, and the unspeakable happens. I slow down to let a few pedestrians crash, and this guy rams my car from behind in full force. It's clear he wasn't slowing down. The boot is bashed in, the lights are gone, and the bumper is in pieces. The right rear quarter panel is in a bit of a crumple as well. The guy stays, I call the cops, and they talk to each other. The guy says he will come to the workshop and pay for the damages. The cops ask me to let them know if he doesn't. My car gets towed to the body shop. The next morning, the estimate arrives. 80K minimum. I can't let that go on my insurance. Advice needed on the best course of action here.


PS: Before I leave, I notice that the crash was in full view of a public CCTV camera.

[fordday]

If the offender comes and pays for the damages as he promised, then what is the issue?

[comfortablynumb]

Originally Posted by atrocious

Advice needed on the best course of action here..

Sorry to hear about the mishap. Please see if you find any pointers on the way forward in the following thread:

https://www.team-bhp.com/forum/india...ccident-8.html (What to do in case of an accident)

Cheers,
Vikram

[atrocious]

Originally Posted by comfortablynumb

Please see if you find any pointers on the way forward in the following thread.

Thanks for your reply.

I have been through quite a few threads; most of them deal with far less severe losses in terms of repair costs involved. 80K changes a lot of concessions and considerations, I believe.

Originally Posted by fordday

If the offender comes and pays for the damages as he promised, then what is the issue?

Let's say I am preempting a scenario where he backs off or proposes something unsubstantial. That's where the advice would come in. I am a little skeptical someone will cough up this kind of figure.

[the_skyliner]

Originally Posted by atrocious

Let's say I am preempting a scenario where he backs off or proposes something unsubstantial. That's where the advice would come in. I am a little skeptical someone will cough up this kind of figure.

You can ask him to claim it via his insurance and he will have to pay the difference. In some cases, people have claimed on their own insurance and asked the guilty party to pay the difference as well as compensate for the NCB losses.

[libranof1987]

Originally Posted by atrocious

80K minimum. I can't let that go on my insurance.

Are you expecting the other chap to pay the 80k? I think that's fairly unreasonable and very unlikely to be obliged. As unfortunate as the accident is, you have insurance just for this. Get the fellow to pay for whatever amount insurance doesn't cover in this claim plus some to cover for the loss of future NCB.

Unless you know someone who has successfully claimed insurance for third party damage. If the repair estimate is less, one can still demand that it be paid for in cash without an insurance claim. But 80k? Won't fly. I doubt even the cops can do much in this case; they'll ask you to claim insurance.

[atrocious]

Originally Posted by the_skyliner

You can ask him to claim it via his insurance and he will have to pay the difference. In some cases, people have claimed on their own insurance and asked the guilty party to pay the difference as well as compensate for the NCB losses.

He didn't produce the insurance or the RC of the car at the time; or his DL, now that I think of it. The cops asked me not to get into documentation if he is willing to pay.

Originally Posted by libranof1987

Are you expecting the other chap to pay the 80k? I think that's fairly unreasonable and very unlikely to be obliged. As unfortunate as the accident is, you have insurance just for this.
...


But 80k? Won't fly. I doubt even the cops can do much in this case; they'll ask you to claim insurance.

The point is he didn't slow down at all. Isn't that unreasonable. We all live with dents and scratches; part of the road life. On a highway, still understandable; but on a busy street road with weekend traffic. I always try my best to extend the benefit of doubt, no matter how serious the situation, but you should see the damage.


As far as 80K goes, I am trying to understand what it will do to the next year's premium, NCB notwithstanding, and to the resale value of the car, if all of this goes on insurance.

Also, I am wondering if there is merit in taking the cops' advice and holding off the FIR? Is there a statute of limitations in road accident cases that anyone is aware of?

[selfdrive]

Important things first. Get the CCTV footage as quickly as possible. That is currently your only evidence; no other verbal assurance will help.
If you do not have any documents, I do not see how you can prove the accident as all witnesses from there would have moved on.

Sorry to say this, but your costs will now be at the goodwill of the other guy, if and when he chooses what part he wants to pay. The best way forward will be to get him to pay through his insurance or ask him to compensate for your losses after you claim from your insurance policy.