[vinya_jag]

It was peak hour in Bangalore, around 10 AM, (Possibly everyone was doing 2-5 Kmph at the Banaswadi Garrison junction) and this Junction is usually full on both sides. Usually, the one coming straight keep to the left and the ones taking right (at-least 3 lanes or more), all jostle for both the lanes, and end up landing on the right lane.



Scenario:
My Father, driving the Red Polo (7 year old) and another person in the White Creta (5 year old), arrive and jostle for that one position, and since there is a Bus arriving on the other lane, there is absolutely no room, and collide.



They both Park on the side after that, take pictures, and exchange phone numbers; and my father seems to be in a hurry, says, I have to go, you tell me how much it would cost, and I will pay (Seeing a small paint mark)

They both park and the Creta person takes pictures and forwards it to my father, with an estimate of 15 thousand. And asks for the full amount to be paid by my father as agreed.

This is around afternoon, and then my father calls me, and says the same, and he says, if I don't pay up in an hour, he will lodge a complaint.

I see the picture, and assume that it was our two wheeler that scratched the car (Aprilia SR 125, Red, which is also my Father's). I finish work and call the Creta person, saying that I wanted to take a look.
I go there in the evening, and realize that it was the car, and not the two wheeler. I at first assume that wiping away the paint should fix the whole thing, and ask for a wet cloth.
I wipe it quite a bit, and the after picture is like this.


I try to convince the Creta owner that if I use a rubbing compound, the remaining Red should go away, and the slight imperfection should also be unnoticeable when the wiped away portion also catches a little fade.

The Creta owner has seemingly enquired at his favourite Hyundai person who says, it needs dent removal and full repaint. The Creta owner is adamant to get the full work done, and that we should be paying up the full amount. He thinks it was entirely my father's fault, and for no fault of his, he doesn't want to claim insurance nor spend anything from his pocket.
In his words, he was already there, and there was no way my father could have sneaked in, but the Polo still crashed into the side.

In my father's words, the Creta guy saw the bus and turned sharp right instead of holding the left lane, and my father didn't anticipate him cutting so much, and hit the vehicle.

I don't want to take sides here, and don't want to give my opinions here on who is right and who is wrong. I just put across two sides of the story.

When I ask why Creta owner wants it to fixed so badly, he said he plans to sell it and doesn't want this imperfection to come in the way if at all there is a case. He also says that if it was his car, he could have ignored it, but he said it was his wife's car, and the situation put him in a bad spot. Again I don't want to contest his opinion that he wants it fully fixed as brand new.

I also took a look around, and found that it was very neatly maintained. There were no body scratches, though there were some bumper ones. I just found one deep mark on his left front door, which looked like a pierce mark from a sharp object. So, will this alone drop his resale value? I doubt it. (I didn't talk about it to him though)

I then tried to convince him that any new paint job done will make it look odd, compared to the rest of the body (I have experience with our own Polo), and you could never convince any potential buyer that this door wasn't repainted. He doesn't buy this story. He believes that since the fault is all my Father's, he needs my father to fix it fully for him.

He also gave other options like:
You claim insurance on your car (I actually came to know that it was the car and not the two wheeler when he said this), but this would need an FIR to be filed, and a few other things.

So, his proposal is that my father pays up full amount (15 within a day), and based on how much it actually costs, he will return, or ask for more, on the Bill.

Other options that come to my mind:
He claims insurance, and we pay up balance

He claims insurance, we pay up balance + No claim bonus

We just walk away saying that it wasn't our fault. Even our bumper needs repaint, who will pay for that. (Yes our Polo Bumper also caught a little white, and anyways needed repaint for some time now for other scratches)

I gave him my own instances where I had to replace the entire rear hatch for no fault of ours, and got nothing from the person who hit, and we claimed our own insurace, also another instance where we did take 3000 rupees from someone who didn't brake and hit two cars. All this didn't convince him since he believes, those were accidents, and this was entirely my Father's mistake. I also said, this also is an accident, but he thought otherwise

I just want to do the right thing. Need advice from fellow BHPians on this and similar instances. I even convinced him that I would ask my expert friends on Team BHP and then decide

[AJ56]

He’s in the wrong lane for turning as per the animation, I fail to see how it’s your fathers fault here. He cut your red car off and he is at fault.

Even if we assume fault is split 50:50, you claim your insurance, he claims his that’s how it is in most cases, tell him this is the most fair outcome. In the absence of any dashcams/eye witnesses, it’s impossible to determine fault legally speaking. Don’t let people bully you unnecessarily.

Sidenote: In India always drive with a dashcam, it is the best insurance policy to safeguard yourself in case of any accidents (assuming you were driving correctly.)

In case you believe it was your fathers fault and want to help him fix it, get it spot repainted at your known body shop. There is no legal compulsion to provide remedies at only the authorised service centre. Or simply check if he has zero dep insurance and if he does, offer to pay the lost NCB + claim charge (if any). Do not pay for the entire panel repaint at the dealer in any case.

[JohnDoe]

I would file a complaint against him for damaging my car and then blackmailing me for money.

This is just my personal opinion based on the images you have shared and his attitude of paying within an hour/1 day and threats of filing complaint.

Also get a dashcam installed immediately to avoid such situations in future.

[Altocumulus]

1. Get Dashcam
2. Accompany him to service Center and take the estimate directly. This is just one panel and should not be more than 5-6k worth of work. Normally the panel charge is 3-4K for a panel and the rest for the minor dent removal. If the scratches can be removed with rubbing compound a competent FNG can do a paint less dent removal for even lesser amount.

[Asoon]

Claiming 3rd party insurance is a cumbersome process (FIR , you both need to pe present in station , they will take their own time + bribe) , hence not an option

It is a 5 year old car, even if he wants a perfect body line it can be done outside (very good quality work) , Hyundai / showroom does not makes sense because they are incentivise to bill disproportionately in this case

Somethng similar happened to me couple of years back , i was on sarjapur flyover , there was bumper to bumber traffic and an honda city in front of me brakes hard and my car made contact with the rear

Bumper, book area got damaged (significant dent on boot and boot door was not opening) , since it was crowded we exchanged numbers. He showed his vehicle to honda and they came up with 35K estimate. I got it done from Popular Automach (Kudlu gate) they are multi-brand car repair/ servicing arm of Nandi Toyota group for 12K.

In the worst case scenario this can be fixed under 5k (compete panel repaint), dent and scratch is so localised that spot panting will do and not complete panel repaint.

Give him two options
- it was mutual fault and he can raise complaint if he wants
- as a goodwill gesture you will get it fixed outside

[speedmiester]

Tell him to take a hike if he doesn't agree to fix it outside. Since there are no injuries, no Police station will file a FIR/complaint for a simple scratch. The Creta driver is trying to take advantage of your good nature.

[AutoNoob]

Originally Posted by vinya_jag

It was peak hour in Bangalore,
They both park and the Creta person takes pictures and forwards it to my father, with an estimate of 15 thousand. And asks for the full amount to be paid by my father as agreed... This is around afternoon, and then my father calls me, and says the same, and he says, if I don't pay up in an hour, he will lodge a complaint.. He believes that since the fault is all my Father's, he needs my father to fix it fully for him.

Other options that come to my mind:
He claims insurance, and we pay up balance

He claims insurance, we pay up balance + No claim bonus

I just want to do the right thing. Need advice from fellow BHPians on this and similar instances. I even convinced him that I would ask my expert friends on Team BHP and then decide

First thing, if your father accepts/ has accepted this as his fault (in writing message etc.), then the other guy can claim to his advantage. The legal process would require your insurance company pay for the damage to Creta guy (Third Party). However, your insurance company would ask for copy of FIR for this accident, which the Third Party has to provide.

Second option : as you mentioned above - He claims insurance, we pay up balance + No claim bonus

However, if you feel that the guy is trying to extort, you may simply walk away. I don't think police will even register a complaint for such a minor incident (atleast not in our area).

[aqualeo2040]

Originally Posted by AutoNoob

First thing, if your father accepts/ has accepted this as his fault (in writing message etc.), then the other guy can claim to his advantage. The legal process would require your insurance company pay for the damage to Creta guy (Third Party). However, your insurance company would ask for copy of FIR for this accident, which the Third Party has to provide.
.

On these lines, are there any evidences of admission of guilt from you father?

Option 1 :
If yes, ask the guy to file a FIR and go through the 3rd party claims process.
Here's where things get interesting :
If he files FIR, Police will take away both the vehicles and file a formal case.
The case will be listed for the magistrate, based on availability dates.
The cars will remain at the Police Station facility and will be at god's mercy from vandalism (wink wink).
When the magistrate decides, the penalty will be levied on the erring party and the entire money will go to the Govt (not a penny to anyone else). Plus both parties will have to cough up laywer charges.
Eventually, the Magistrate will ask the Insurance company to take necessary actions.

Option 2 :
If there's no admission of guilt.
Tell the guy to take a hike for being boorish. We have insurance for the same reason. Indians don't seem to get the reason for buying insurance! If he harasses more, capture evidence on call/chat/video and tell him that you'd go to Bangalore Police now.

Option 3 : Can be the middle path that you had proposed. Though I dont like to encourage boorish/childish behaviour from grown up adults

[ninjatalli]

I guess these are one of those cases where it's going to be hard to figure out who's the person at fault; but since your father has accepted it, I guess no use beating around that. Kudos to you and your father to accept it and follow-up with him. A few thoughts.

1. Realistically he's not going to go legal at all for such a scratch so forget that.

2. Realistically the police is not going to give importance to this now for such a small scratch and probably will tell him to resolve it between yourselves.

3. However, if he has contacts in either of above two groups, he'll probably use that to threaten you verbally and if really needed, trouble you to come to the cops, etc.

If I were you, I'd get a quote from a good FNG on the work needed. And offer him the expenses for that; with some buffer. Not for repainting the entire door (which is what probably the quoted 15k is for). If needed get him on a call with the FNG/service advisor and be transparent on that. Be nice on calls, messages, etc, but be firm.

I get it he wants the full works done but this is Bangalore city traffic; and incidents like these are part of the risk of daily traffic woes.

[pkulkarni.2106]

Deja Vu!
Almost similar thing happened to me some 10 years back. A car came from behind and scraped my bike on the left side (right side was a divider). He wouldn't accept his mistake (he was the one who came from behind) & he expects me to drive while looking back! His first argument - he was a chauffeur & his owner will be very angry seeing the car. His next tactic - he gathered some goons from nearby area in a matter of minutes & wanted me to pay for it.

I wanted to get the police involved, but the folks didn't allow me. Finally I had to cough up Rs. 1500/- & get out of the situation.

Coming back to your case - I think nowadays being too nice is a crime, unless it's totally your fault. Please ask the guy to claim the insurance & pay for the NCB loss at max. Else, walk away.

[pjbiju]

Please go through this post (Third party insurance claims) and thread. You are not liable to pay anything even if it is your fault, if you have a valid third party insurance coverage for your car. Best option would be to talk to your insurance agent and ask what needs to be done in this case. In my opinion, ask the other person to go ahead and claim third party insurance.

[raptor_diwan]

I can tell that you and your father are kind-hearted individuals who may not be comfortable with confrontation, which is why that clever guy is taking advantage of your situation. However, it's important to remember that he should be using his insurance to cover the damages, as that's what it's there for. It's a common practice, and you have every right to refuse to be threatened and to set a deadline for payment.

Even if you involve the police, you shouldn't have to pay anything other than perhaps a bribe to get the problem resolved once and for all. You could also check with a local garage to see how much it would cost to fix the damage, and then tell him that you'll only pay that amount based on the Fair Negotiation . If he insists on following SS's suggestion and repainting the car, then he'll need to pay the difference. If he still refuses, then he can take it up with the police, but you should know that he's clearly taking advantage of your innocence. Unfortunately, in India, being a good person can sometimes feel like a crime.

If it were me, I wouldn't pay a single penny. Instead, I would ask him to pay for the scratches on my car and settle the matter with no transactions from either side.

[Chetan_Rao]

Covering damage to another person's property is exactly what the third party section of your insurance is for. Give him your insurer's details, and ask him to claim whatever he can convince them of.

Do not give into extortion tactics for a minor traffic incident. You have no guarantee he'll go away with even 15k, he's already said as much himself.

[WorkingGuru]

The front section of your car has touched/"hit" the rear section of other car. Your dad has accepted it was his fault.

Whether it's his wife's car, or whether he's going to sell it, whether he has maintained it well, all that is immaterial for you. Also, I don't understand where this arbitrary figure of ₹15k comes into the situation!

You rubbing clean someone's car & enlightening them about rubbing compound, judging its overall condition, revaluating your previously stated position etc is going too far.

The whole point of having 3rd Party coverage with insurance is lost if one has to worry all this much. Offer your insurance details to the affected party asking them to raise a claim. Admit your version to your insurer. Let them both deal with it from there.

[UD17]

I suggest, Please take a quote from your FNG and ask this guy to drive down to the place and get it fixed then and there. It will save money for sure and at the same time complete your obligation (if any).

The other guy might not have any option (since he needs that resolution that you pay to correct the panel) but to drive to the FNG and in this way hopefully he would understand that its not easy to trick people.