[josh.machine]

Hi,

I had a small flare up in the office parking when i banged into the right door side of an automatic Huyndai I10 with my Swift. We both were coming to the basement parking exit from different sides and due to the darkness in the basement and my music playing i did not notice the car coming from the backside while was taking a right to the exit and directly scraped him.

His right passenger door has a got a dent across in a single line and the right mudguard has also lost little shape. It was being driven by a driver and he got a little aggressive, i calmly but firmly told him to control himself and told that lets work on it to get things fixed. My car has also got big scratch marks on the left side beneath the headlights.

I checked with my Maruti insurance and they said both the damages will get covered if i file and FIR. However this guy is not ready to go that way and wants me to fix this up at any place of my choosing without claiming insurance as he claims it will bring the car value down, give a blackmark in insurance books and increase premium etc etc.

Please advise how should i proceed here.
Thanks

[blackasta]

Originally Posted by josh.machine

Hi,

I had a small flare up in the office parking when i banged into the right door side of an automatic Huyndai I10 with my Swift. We both were coming to the basement parking exit from different sides and due to the darkness in the basement and my music playing i did not notice the car coming from the backside while was taking a right to the exit and directly scraped him.

His right passenger door has a got a dent across in a single line and the right mudguard has also lost little shape. It was being driven by a driver and he got a little aggressive, i calmly but firmly told him to control himself and told that lets work on it to get things fixed. My car has also got big scratch marks on the left side beneath the headlights.

I checked with my Maruti insurance and they said both the damages will get covered if i file and FIR. However this guy is not ready to go that way and wants me to fix this up at any place of my choosing without claiming insurance as he claims it will bring the car value down, give a blackmark in insurance books and increase premium etc etc.

Please advise how should i proceed here.
Thanks

First things first - you have admitted responsibility of the collision.

Now both the claims for your swift and the other i10 shall be settled through your insurance - your comprehensive insurance shall take care of your car and your 3rd party liability insurance shall take care of the i10.

There shall be NO effect (premium increase etc.) for the i10 as you are 'at fault' party here. Chauffeurs / drivers may not know this.

OR

Get the 'insurance fix' quote from the HASS and the 'non insurance quote' - generally 'insurance quote' is higher. Then pay HASS the 'non insurance quote' to get the i10 fixed. You can claim comprehensive insurance on your car claiming a 'wall obstacle hit'.

In any of the cases, ask to be connected to the car owner and explain him the situation, both the ways out and that you are claiming full responsibility. Do not go into settlement with the driver.

[ciddharth]

Hi josh.machine. Welcome to the forum!
Well, I had a similar incident albeit a tad different. I suggest you avoid the insurance route and fix up the damages at a local mechanic as the li10 guy says. It will settle down the matter amicably if the damages in your vehicle are not very major.
Once a Wagon R hit my Baleno from behind at crawling speeds and caused a dent in the rear bumper. We exchanged numbers and he agreed to pay for the repair work but by a mechanic of his choice. We were quite apprehensive, but the denting and paint job under supervision was satisfactory and thus the matters were settled in about 4 days.

It retained my peace of mind by avoiding hassles. I agree with the i10 guy's perspective. However to each his own. It will be more complicated and time consuming to file an FIR and follow up with the insurance fellows.

Good luck, and hope you mend your Swift soon.

[parsh]

Originally Posted by carbhp

MTC Response came today and mentioned that they called the driver and gave him severe warnings and asked him to go for 2 days training.

Good to hear that the emails complaints are considered and necessary actions are being taken.

Attaching the response (in Tamil).

There is somebody at work somewhere and good that your efforts paid in someways atleast.

Anyway I have to shell out 15K from my pocket to fix the damages.

Curious to know why you had to pay so high. Guess you did get the insurance coverage. But did they not honor both sides coverage?

[josh.machine]

Thanks for the response blackasta, actually the driver also doesnt want any settlement as such, he has only asked for the car to be back in shape the way it was. I was thinking more on the lines of a private garage like Trend on Hosur road to get the damage fixed maybe at a little more reasonable cost.

If there is no impact of claiming insurance then i dont understand the need for paying from my pocket, will talk to the owner of the car and see if he/she agrees to that. Are there any minimum damage clause or another split payment thing that i should be aware of while claiming insurance.

Also the insurance agent advised me to not quote negligence in the FIR else put unexpected causes. Any comments on this.

*************

Hi ciddharth, thanks for the welcome
Been here for atleast 5 years now, more of a silent spectator reading up all the wonderful travelogues and other information.

I understand your point of view too and i guess it makes sense if the amount i need to pay from my pocket is say about 5k or lesser. if anything more then i would rather go for the insurance.

[carbhp]

Yes, I didn't not to go through the hassle of submitting and getting rejected and lose NBC. Had few dents and scratches in the front, fixed them all for 15K.

Best thing, stopped driving my car and instead using the MRTS train which is much safer and less stressful.

[blackasta]

Originally Posted by josh.machine

Thanks for the response blackasta, actually the driver also doesnt want any settlement as such, he has only asked for the car to be back in shape the way it was. I was thinking more on the lines of a private garage like Trend on Hosur road to get the damage fixed maybe at a little more reasonable cost.

If there is no impact of claiming insurance then i dont understand the need for paying from my pocket, will talk to the owner of the car and see if he/she agrees to that. Are there any minimum damage clause or another split payment thing that i should be aware of while claiming insurance.

Also the insurance agent advised me to not quote negligence in the FIR else put unexpected causes. Any comments on this.

*************

Hi ciddharth, thanks for the welcome
Been here for atleast 5 years now, more of a silent spectator reading up all the wonderful travelogues and other information.

I understand your point of view too and i guess it makes sense if the amount i need to pay from my pocket is say about 5k or lesser. if anything more then i would rather go for the insurance.

Because then the case can snowball into 'rash and negligent driving leading to endangerment of human life' u/s 279 of IPC.


279. Rash driving or riding on a public way.-- Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

[josh.machine]

Originally Posted by blackasta

Because then the case can snowball into 'rash and negligent driving leading to endangerment of human life' u/s 279 of IPC.


279. Rash driving or riding on a public way.-- Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

That sounds awful!
Coming to the insurance part, is it mandatory to file an FIR. One of my relative was telling who recently claimed insurance was that he just had to submit a letter and nothing more through Tata insurance.

[JohnyBoy]

Originally Posted by josh.machine

...
If there is no impact of claiming insurance then i dont understand the need for paying from my pocket, will talk to the owner of the car and see if he/she agrees to that...

If the damage is less, it is better to pay from your pocket. The impact will be in the form of No Claim Bonus for your insurance. If you make a claim, however small it is, you lose the NCB when you renew the insurance. I think the bonus is good percentage. I remember reading a post which mentioned it was economical to pay from pocket for the stolen music system worth Rs 5000 than to claim. I couldn't find the link of the post.

Originally Posted by josh.machine

That sounds awful!
Coming to the insurance part, is it mandatory to file an FIR. One of my relative was telling who recently claimed insurance was that he just had to submit a letter and nothing more through Tata insurance.

It is mandatory to file FIR, as far as I know. My friend had an accident last week and the insurance company told that FIR is must.

[ajayrec]

IMO you will have to file FIR and report the incident to the police about the accident. Once done, your Insurance would cover both car's damages. It would certainly affect your next premium and possible resale value of your car. Try getting a quote from a local machanic and work on the finances to decide which way to go.

Good luck!

[blackasta]

Originally Posted by josh.machine

That sounds awful!
Coming to the insurance part, is it mandatory to file an FIR. One of my relative was telling who recently claimed insurance was that he just had to submit a letter and nothing more through Tata insurance.

If you claim only comprehensive insurance coverage for yourself, no need for an FIR - I have claimed insurance several times by just filling the required form (IFFCO TOKIO)
That being said, you may want to fix both the cars out of insurance to bypass the hassle of police, retain your NCB, and have better resale value.

[_raVan_]

I believe the FIR is needed when claiming insurance for the 3rd party. If you are claiming insurance for your own vehicle, then FIR is not needed. Please correct me if I am wrong.

[josh.machine]

Thanks for the inputs everyone, will assess the financial impact on Friday and then take a decision, Mostly from the above suggestions i feel its best to pay from my pocket and close the chapter. I just hope the bill doesn't really come to too much.

Also yes when claiming insurance only for self we don't need FIR.

[apachelongbow]

You should claim insurance for yourself and the other chap must claim from his insurance. The law is very clear on this. That's the reason why every vehicle should have valid insurance. This Indian idea of you paying out of pocket for his damage is illegal as per law. He cannot make you pay, that is extortion. Insurance is meant for accidents only.

Only case where in your insurance will pay 3rd party is when there is any injury or death, else for vehicle damages I say again, each party claims from his/her own insurance.

[josh.machine]

@apachelongbow tell me about it, i too fail to understand that why we are paying the premiums if everyone of us is supposed to pay out of our own pockets. Tried talking to the owner of the car today but she also seems to be adamant that i fix it without claiming insurance as that would reduce her cars resale value and other blah blah.

Not sure what to do, as of today i have agreed to it with a max ceiling of 5k, if the quote is above that then i am going to go with insurance only come what may.