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Charles   25 April 2017

Two wheeler hit my parked car

Happened in Bangalore.He had fallen so collected his details and let him go as he offered to pay for damages so did not claim insurance, now he is refusing to pay.What can I do?


Learning

 4 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 April 2017

You can do nothing. Repair your car yourself. Claim from your insurance if you want.


(Guest)
Send legal notice warning that you'll file a civil law suit for damages using proofs and evidences. If he doesn't listen, you can proceed and drag him to court.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     25 April 2017

In case of damage to our car we either usually settle it ourselves or depend on our car insurer to pay for the damages even if it means losing the accrued No-Claim Bonus (NCB) for no fault of ours. 
 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     26 April 2017

What is the probable cost of repairs, have you got an idea or have you got estimates?

You have three options.

(1) Follow the advice of Mr. Sarma. If the two-wheeler owner gets scared, comes running to your door-steps and pays the amount, congratulate yourself. I shall also congratulate you. You would have given some time-limit to the other vehicle owner in your lawyer's notice. You have to wait at least till the expiry of that date. If he doesn't budge, further proceedings will have to be initiated by you. You will have to file all kinds of evidences before the court. You will also have to maintain your car in the damaged condition until the case is disposed of.

(2) Claim from your own insurer. You may not be able to claim from your own insurer from you had wasted time under (1). You will have to go to a garage approved by the insurer. The insurer will not pay the entire cost. Certain items will be inadmissible. For certain other items they will pay only part of the cost. In other words you will still have to bear a part of the cost. Last but not the least you will lose all your accrued NCB. If you do not make any claim for successive years, the NCB will go on increasing. Maximum NCB will be 50% on own insurance if no claim is made for 5 successive years. If you are already enjoying 50% NCB, you will be back to square one in one stroke.

(3) The third option is that you go to a reasonably good repairer, get the repair done pay him for the repairs and drive back home.

If you want to claim from the other party, a police report also would be required. I think you did not complain to the police when the accident happened. Now it is too late. Police in this country do not know the traffic rules. Even if you had complained to the police when the accident happened, he would always hold the larger vehicle responsible.


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