So it was a nice Friday noon. I was ready to go to office and also wanted to go to the bank, so decided to take my car out.
On the way i spotted an indica taking a last minute reverse and left turn to avoid getting on to a flyover and i decided to slow down. Once the indica moved away i decided to move ahead. Before i could gain momentum all i am hearing is a loud thud. I knew someone rammed into my car. Got down to check and this is what i see.
Unfortunate, but accidents do happen. The Xylo driver got down and said i was at high speed and suddenly braked. I told him that i did not anything of that sort and asked him what was the relation of rear ending and high speed ? I was not even close to 40kmph when the incident happened. He then said that its a customer car and that the damages to the Xylo needs to be repaired too. The Xylo apparently was on a test/trial run after engine work. I then suggested that he can give me the customer details, I will speak to them and inform about what has happened, also get the insurance details and settle the matter. He refused.
I checked online and found this
link so decided to ask for the insurance details.
I immediately call the police and they come within 10 minutes (should appreciate that they are super fast !) The officer told me to take pictures of both vehicles and now park to the side so that traffic is not affected. Meanwhile the Xylo driver calls up the dealership and some of his colleagues reach the spot. One guy who seemed the service advisor was very cordial and empathised that its unfortunate and let's see what can be done. I said please repair the damage and he said that insurance claim is the best and need to ask his boss if he can share customer details. He then requested me to wait for another "ten minutes" so that he can get the manager to the spot. After that we can decide and then go to the police station for further action. I waited, the ten minutes turned out to be more than 45 minutes and finally a guy claiming to be the manager/boss meets me, shakes hand and then tells me that i am at fault. I replied, listen you did not even speak to any one, how can you say i am at fault ? He retorted that he spoke to the driver and his staff will not do any mistake. So i said the issue is someone coming and hitting me from the back and how can that me my fault ? He also said that i was at high speed and suddenly braked. That was really irritating. I asked him to then show the tyre marks and also asked him to get whatever needed to check the OBD and see the last recorded speed (not sure if that would work but i just told) He immediately said look computers on the car will give figures differently so we cannot rely.
I again told, look i understand what has happened but let me speak to the customer and i will discuss about claiming the insurance. Else you repair the car. He got a little upset and said we have terms and conditions and whatever happens within our hands, we will pay and repair customer cars, if 3rd party is involved its not our headache. I did not get this, i again repeated what i wanted and he was adamant that he cannot repair or share customer and insurance details.
Then i said we have no choice but to file a complaint. He said "Do what you want, nothing is going to happen" I understood the tone but i decided to go to the station. They were supposed to get a towing vehicle and tow the Xylo to the station as well. They kept saying 10 minutes for more than an 30 minutes and the cop got upset. He shouted at them to not waste his time and get the tow van quickly. Since all were getting delayed, without waiting for the tow van, we go to the station and meet the Sub Inspector. Meanwhile, i spoke to couple of advocates and they told that filing FIR is the first and once the police gets the insurance and other details from the Xylo owner, we can get the claim processed. Fair enough, i think that's practical too considering the driver is not going to pay up for the damage !
Now at the station, the inspector greets and asks me to sit down. Asked me to narrate what happened.
Me - I slowed down seeing a taxi cab taking a last minute reverse and left turn to avoid the fly over. And then this happened.
Xylo Driver - Sir was at high speed and he braked suddenly. So i did not get a chance to stop.
SI - Aye? Did you not maintain distance between your car and the one in front of you ? If you cannot then you are not fit for driving ? Regardless if you hit any vehicle from behind, then its your mistake not of the car in front of you. You should know how to control your vehicle.
Xylo Driver - The Ford car got ABS and Xylo does not have ABS so i could not stop.
SI - Dont give me all those. You have to repair the car and give.
Me - Sir, can you please get the customer details and inform him ? That way let's make it cleaner.
SI - Why dont you speak to the Mahindra guys and negotiate ? Let me know after that.
I go to the "Manager/Boss" and tells him, listen i need the car fixed. Either you pay or give the customer details so that we can proceed.
Manager/Boss - Do whatever you want. I spoke to my GM, MD and Mahindra. They all said nothing will happen and behind me. You want to file a case, you do that. I am not going to be affected, i can sit here all day. Your time is being wasted. We know what to do with the customer car so we will take care of that. You claim your insurance or repair it. That's your problem.
Me - Listen that's not what i want.Why can't we solve this amicably ?
Manager/Boss - I dont have anything more to say.
I then go back and meets the SI, told him that they are not ready to do anything. SI calls the "Manager/Boss" and asks him what's that you decided ? He then started saying that I was at high speed, suddenly braked and also added that i tried running away, was stopped by the public and they called the police and what not.
That obviously infuriated me. SI understood and called the driver. Driver comes in.
Xylo Driver - Yes, the incident happened and sir was sitting inside the car calling someone. He did not go or run away and he is the one who called the police.
SI - Can you show your phone ?
Me - Here it is, gave the call details and also showed the number from which i got the call (the cop who came to the spot)
SI - With an upset tone, why do you cook up stories ?
Manager/Boss - I only told what my driver told me.
SI - But your driver is contradicting.
The SI suggested to lodge a complaint and also asked to get the vehicle documents. He also mentioned that the vehicles can be taken away, make sure the pictures are safe.
I lodged a complaint, the Mahindra dealer also lodges a complaint against me. Cops asked me to meet them tomorrow at 10.30am. He also asked the Mahindra guys to be available by then.
I have tweeted to Anand Mahindra, Pavan Goenka, yet to get a response. Not sure if the tweets are looked into.
Questions:
1) Isnt it the dealer's responsibility to own up and pay for the damages ?
2) Assuming they will not do, shouldn't the Xylo insurer pay for the damages to my car ? The owner of the Xylo will have to sort it out with the Mahindra dealer for the fiasco, sadly but true.
3) Let's assume the above cannot be done for various reasons, why can't the dealership pay for the charges that are not covered by insurance (there are a bunch of things like labor, consumables etc not covered and estimate from Ford is about 10-15k) and make sure such mistakes are not repeated again ?
4) Or this is another incident caused by dealership and that's it ?
Its deeply frustrating when people do mistakes and then try to justify. I can understand people trying to negotiate but being arrogant that i have my bosses plus Mahindra behind me and nothing will happen ? I just can't understand.
I have to now go to the station in the morning to get the FIR. Hopefully i will get the insurance details of the Xylo to proceed further. I don't know what the outcome will be but i hope something positive comes out. I dont know what else to do. Hopefully some changes to the law will be there to provide relief in such situations.