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Old 7th August 2024, 17:45   #1
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Drunk driver rams into my BYD Atto 3 | Frame bent | Need advice

It's hard to think about the fact that one of my cars is featured in this thread.

On 25th July, my driver dropped my daughter at her school. While returning, an idiot who was drunk at 9:30 AM and not in his senses came into the opposite lane at high speed and hit my BYD Atto 3 head-on.

These pictures clearly show how far my driver pulled out to let that idiot pass, but he was determined to hit my car.

My driver did not sustain any injuries. The other guy had a laceration on his forehead and was shifted to a government hospital, where he was treated and discharged. The police arrested him on charges of DUI and driving without a valid license, causing an accident. He was given station bail.

BYD customer service was good, and even though I'm in a pretty remote location, they got the tow truck to me in 45 minutes, and the car was sent to the BYD service center in Vijayawada.

The next day (26th July), the service advisor gave an estimate of 7.5 lakhs. The insurance guys from ICICI kept postponing the dismantling approval until 6th August.

Once the service advisor got the approval, he started dismantling on 7th August and found that the frame was bent on the driver's side. He wants to bend it back into place, but I strongly objected to this and asked him to get approval from BYD headquarters. I'm not sure how to proceed if that guy insists on bending it back.

What are the best possible options?
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Drunk driver rams into my BYD Atto 3 | Frame bent | Need advice-img20240725wa0027.jpg  

Drunk driver rams into my BYD Atto 3 | Frame bent | Need advice-img20240725wa0025.jpg  

Drunk driver rams into my BYD Atto 3 | Frame bent | Need advice-img20240725wa0017.jpg  

Drunk driver rams into my BYD Atto 3 | Frame bent | Need advice-img20240726wa0012.jpg  

Drunk driver rams into my BYD Atto 3 | Frame bent | Need advice-img20240726wa0014.jpg  

Drunk driver rams into my BYD Atto 3 | Frame bent | Need advice-img20240726wa0015.jpg  

Drunk driver rams into my BYD Atto 3 | Frame bent | Need advice-img20240807wa0010.jpg  

Drunk driver rams into my BYD Atto 3 | Frame bent | Need advice-img20240807wa0011.jpg  

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Old 7th August 2024, 17:58   #2
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Re: Accidents in India | Pics & Videos

Quote:
Originally Posted by DreamcarFerrari View Post
It's hard to think about the fact that one of my cars is featured in this thread.
Sorry to hear about the damage, hope the car comes back in the shape soon.

It would be helpful if you can please start a new thread and post updates on the repairing progress with all details of the damaged parts and their cost.

It will be a new learning for the forum members on how many parts can get damaged in an EV compared to a similar category ICE car and how much it can cost to repair if paid in cash (Insurance reimbursements aside).
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Old 7th August 2024, 18:01   #3
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Re: Accidents in India | Pics & Videos

Quote:
Originally Posted by DreamcarFerrari View Post
It's hard to think about the fact that one of my cars is featured in this thread.
I’m not a body expert but if the frame is bent, in most cases it’s a write off (assuming unibody construction). It can never be repaired to factory condition and you’re likely to have alignment and tracking/stability issues even if they make it right cosmetically. Also, get a dashcam for every car, it’s a life saver in today’s driving environment.

Last edited by AJ56 : 7th August 2024 at 18:04.
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Old 7th August 2024, 20:56   #4
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Re: Accidents in India | Pics & Videos

Sorry to hear about you accident and happy that your driver is safe.

Am no expert but the bend is on the flange attached to the chassis rail. You have two scenarios

1: Flange is bent and distorted. It will mean cutting it off and replacing. The flange holds the radiator, front crossmember and bumper assembly, I hope the fit of repaired item is ok

2: Chassis rail bent - If bent, how much is it bent? Is the bend a simple one or is there a twist. Let BYD take that call if it can be repaired or even replaced.
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Old 7th August 2024, 21:31   #5
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Re: Accidents in India | Pics & Videos

Quote:
Originally Posted by DreamcarFerrari View Post
Once the service advisor got the approval, he started dismantling on 7th August and found that the frame was bent on the driver's side. He wants to bend it back into place, but I strongly objected to this and asked him to get approval from BYD headquarters. I'm not sure how to proceed if that guy insists on bending it back.
What an unfortunate accident!

Fortunately it happened 'after' your daughter was dropped off.

Anyway, that looks like a strong impact and your stand about getting approval from BYD headquarters seems very appropriate. I am not a mechanical expert, so can't comment much about the repair process. However, If I were in your shoes, I would not back down and would want everything to be replaced (not bent back / mended).

Even if it means taking a little longer to be repaired, I hope you get it done to your satisfaction.

Last edited by suhaas307 : 8th August 2024 at 11:46. Reason: Spacing for readability
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Old 8th August 2024, 07:05   #6
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Re: Accidents in India | Pics & Videos

Quote:
Originally Posted by DreamcarFerrari View Post
the frame was bent on the driver's side. He wants to bend it back into place
Not an expert but isn’t that just a support bracket for the front cross member that holds the radiator, bumper etc etc. It is usually welded to the chassis frame but is not the frame itself. Looks like impact forces caused it to bend in vertical plane along with radiators. I think you should be okay if only this part got bent.

Last edited by Comrade : 8th August 2024 at 07:09.
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Old 8th August 2024, 11:31   #7
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Re: Accidents in India | Pics & Videos

Quote:
Originally Posted by DreamcarFerrari View Post

These pictures clearly show how far my driver pulled out to let that idiot pass, but he was determined to hit my car.
Sorry for the unfortunate incident your driver, you and the car have to go through due to someone else's mistake.

I am surprised that none of the airbags were deployed. It seems like a full head on collision.
While you are in touch with BYD, I would think it is prudent to ask for reasons why airbags were not deployed.
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Old 8th August 2024, 12:11   #8
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Re: Accidents in India | Pics & Videos

Quote:
Originally Posted by DreamcarFerrari View Post
It's hard to think about the fact that one of my cars is featured in this thread.

On 25th July, my driver dropped my daughter at her school. While returning, an idiot who was drunk at 9:30 AM and not in his senses came into the opposite lane at high speed and hit my BYD Atto 3 head-on.
Gosh this is absolutely horrible. How do you prevent something like this. The biggest saving grace thankfully is that this happened after your daughter was dropped and not before.

Also, I assume your daughter sits in the back seat during such trips. An extremely important reminder to all family members that they must have seat belts on ALL the time, regardless of which seat they occupy - even when undertaking short commutes within the city. You just never know when you can have an extremely outlier and unlikely but serious accident.

Hope your car gets repaired soon as best required and encouraging to hear that a new and relatively thinly spread brand like BYD is giving such prompt service even in relatively remote areas. Do keep us updated on the final outcome of how this is repaired.

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Old 8th August 2024, 22:50   #9
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Re: Accidents in India | Pics & Videos

Quote:
Originally Posted by tbppjpr View Post
Sorry to hear about the damage, hope the car comes back in the shape soon.
Hopefully I will be able to get the car back in road worthy condition soon. Will keep the members updated about the progress as and when I get any update.

Quote:
Originally Posted by AJ56 View Post
I’m not a body expert but if the frame is bent, in most cases it’s a write off (assuming unibody construction).
I have asked the Service Advisor to send an official mail from BYD, stating that repairing the monocoque frame is acceptable and there will not be any further issues if this is done and BYD will be completely responsible for any issues arising from frame repair in the future and will be replacing the car free of cost if they go ahead with repairing the frame instead of a write off.

Quote:
Originally Posted by ajmat View Post
Sorry to hear about you accident and happy that your driver is safe.

Am no expert but the bend is on the flange attached to the chassis rail.
I have asked for a technical team evaluation from BYD. It's on them to repair or replace.

Quote:
Originally Posted by deetee View Post
What an unfortunate accident!

Fortunately it happened 'after' your daughter was dropped off.
I'm not going to back down as I have other cars in my garage. Only with assurance from BYD India I will permit them to repair the car.

Quote:
Originally Posted by Comrade View Post
Not an expert but isn’t that just a support bracket for the front cross member that holds the radiator, bumper etc etc.
I will let BYD technical team take a call on that.

Quote:
Originally Posted by ObsessedByFIAT View Post
I am surprised that none of the airbags were deployed. It seems like a full head on collision.
As my car was completely still at the time of collision, the airbags wouldn't have deployed as it is only a sudden change of momentum or some algorithm which triggers them.

Experts please correct me if my understanding of airbag deployment is wrong.

Quote:
Originally Posted by Axe77 View Post
Also, I assume your daughter sits in the back seat during such trips.
My daughter is always seated in the back with seatbelt on and everyday either me or my wife will be there ensure she is belted on before leaving the house.

Even I was surprised by the lighting speed at which the Tow Truck was sent. I expected atleast 4-5 hrs of waiting as I'm located 230kms from the nearest service centre.

I will keep the members updated on the progress.
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Old 9th August 2024, 09:20   #10
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Re: Accidents in India | Pics & Videos

The frame is not bent. As a crash engineer who worked in automotive safety for years, the bent you have mentioned needs to be tapped back to original shape. The deformable crash can in the front ( the black part that you see disassembled on the floor) has taken the brunt of the impact and will be replaced. This is a bolt on part.

Most modern cars have this deformable crash can ( black part) which absorbs the majority of the impact and is de riguer in developed countries for lower insurance costs. The main apron long side member looks fine and I advice you not to touch it. Even if a super competent mechanic does the job,it will never be as good as a factory job as it involves tearing apart the welds, putting new member in and spot welding it back from front to the dashboard scuttle.

All the deformable parts from bumper to crash can have taken this offset impact well and those are the only parts that need replacing. Probably the tie rods and lower suspension RH arm will also need replacing to keep wheel geometry on place.

Last edited by Nanolover : 9th August 2024 at 09:21.
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Old 9th August 2024, 09:31   #11
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Re: Accidents in India | Pics & Videos

Quote:
Originally Posted by DreamcarFerrari View Post

The next day (26th July), the service advisor gave an estimate of 7.5 lakhs. The insurance guys from ICICI kept postponing the dismantling approval until 6th August.

What are the best possible options?
Sorry to see the car in this condition.

However, I have a question on insurance. When a case was filed against the drunk driver, how did your insurance agree to pay for the claim? Did they not insist on going for 3rd party claim on the other driver's insurance?

If you raised the claim as hit and run, it would be better to remove this post all together. My 2 cents.
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Old 9th August 2024, 09:45   #12
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Re: Accidents in India | Pics & Videos

Quote:
Originally Posted by Naetik30 View Post
However, I have a question on insurance. When a case was filed against the drunk driver, how did your insurance agree to pay for the claim? Did they not insist on going for 3rd party claim on the other driver's insurance?

If you raised the claim as hit and run, it would be better to remove this post all together. My 2 cents.
Is there a law that prevents insurance companies from paying out an own damage claim when the other party involved in the accident is drunk? The insurance should cover all claims in own damage regardless.

Insurance can't force any vehicle owner to claim from 3rd party when they have paid for own damage.

Last edited by libranof1987 : 9th August 2024 at 10:21. Reason: Kindly be respectful in debate.
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Old 9th August 2024, 09:52   #13
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Re: Accidents in India | Pics & Videos

Quote:
Originally Posted by Ragavsr View Post
Is there a law that prevents prevents insurance companies from paying out an own damage claim when the other party involved in the accident is drunk ? The insurance should cover all claims in own damage regardless.

Insurance can't force any vehicle owner to claim from 3rd party when they have paid for own damage.
I wasn't sure hence my question. If my understanding was wrong (which seems to be the case in this instance), I always hope one of the BHPians will clarify. This has helped me immensely. Now, I understand the insured can chose to go for 3rd party or self. New lesson for me.

I hope you have a great day.

Last edited by libranof1987 : 9th August 2024 at 10:24. Reason: Quoted post edited
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Old 9th August 2024, 10:03   #14
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Re: Accidents in India | Pics & Videos

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Originally Posted by Naetik30 View Post
Now, I understand the insured can chose to go for 3rd party or self.
Also the other guy being drunk, his 3rd party insurance is invalid and hence no 3rd party claim can be made. Also the driver didn't have licence. Our victim here can file a claim and run to court for years to recover the money or claim from own damage and move on for peace of mind. It's a few thousands in NCB after all.

Last edited by libranof1987 : 9th August 2024 at 10:25. Reason: Quoted post edited
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Old 9th August 2024, 11:14   #15
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Re: Accidents in India | Pics & Videos

Quote:
Originally Posted by Ragavsr View Post
Also the other guy being drunk, his 3rd party insurance is invalid and hence no 3rd party claim can be made.
So assuming a drunk driver hits someone sober, who will compensate the victim, if not 3rd party insurance ? Logically this shouldn’t be the case.

Oh, found a court ruling on this,

Quote:
Insurance Company Liable to 3rd Party Even if Driver is Drunk: Kerala High Court
LINK
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