How To React Immediately After Involving in Accident?

[diabloo]

Assumptions:
1) None of the parties are injured.
2) Only the vehicles are damaged, but can be driven to the garage.
3) All vehicles have valid, comprehensive insurance papers and would like to claim insurance for damage.

Scenario 1:
I am at red signal. A car couldn't stop before me & rear-ends me. My car's rear bumper & his car's front bumper are damaged.
What should I do? Can I claim from the other car's insurance? Should I lodge a complaint at the police station?

Scenario 2:
I am approaching the red signal in a car. I couldn't stop & rear-ends car waiting at the signal. My car's front bumper & other car's rear bumper are damaged.
What should I do? What are my rights? Can the other person demand money and should I pay it? Can I claim damages from my insurance?

Note: Many times people have little idea what to do in an accident situation. They are not prepared and either abuse their rights or be victims of abuse. I request the members to suggest a good approach, which is legally biding.

 

[gears1313]

Re: What to do immediately after an accident?

Dont exactly know what to do but, I guess Bumpers (fiber parts) have hardly any value in insurance policy than metal parts.

 

[kingpin]

Re: What to do immediately after an accident?

best to to deal the situation can be summed up as follows :

1. Be cool, dont throw a tantrum or create scene.

2. Let go the traffic by pulling the car(s) towards the curb/footpath.

3. Check the damage, and think of solutions.

4. NO ROAD RAGE, despite who's mistake it is.


guys, pl help me out for more things to do.

 

[jalex]

Re: What to do immediately after an accident?

Stay calm.

Its better to keep the vehicle in the position it was soon after the accident till the cops arrive.
(Its a wise idea to take some pictures of the accident along with close ups and long shots which can clearly describe the incident. This can help for evidence.)

See whether the other person involved is willing for a settlement.

At no instance should you get into an altercation or rage.

If things start to turn ugly, Call the Police immediately.

Ask them to make a G.D Entry (General Diary) even if you are to go in for a settlement or best get a case registered with an F.I.R.

Next Inform the insurance company.

Get a claim form from the insurance company and fill it stating the particulars of the accident.

Furnish it to the Insurance company along with a copy of the G.D Entry from the police station.

It might be tough to get the insurance company to act at times. In that case see a lawyer and file a claims petition at the Motor Accident Claims Tribunal in jurisdiction. It might take time to get the damages but you will get it with interest however.

 

[mukeshus]

Re: What to do immediately after an accident?

Better way is to ask money, which you will be paying after Insurance claim from your pocket.
Who has made damage ask him.

 

[jalex]

Re: What to do immediately after an accident?

Better way is to ask money, which you will be paying after Insurance claim from your pocket.
Who has made damage ask him.

Absolutely, Thats a part of a settlement negotiation. But may not always work out. Still its the easier way.

 

[shailinder]

Re: What to do immediately after an accident?

Absolutely, Thats a part of a settlement negotiation. But may not always work out. Still its the easier way.

Well, In Delhi scenario is little different. Both the parties will fight over a scretch and one would take out gun to close the matter. Or run over another party to finish the person and the issue.

 

[gears1313]

Re: What to do immediately after an accident?

Better way is to ask money, which you will be paying after Insurance claim from your pocket.
Who has made damage ask him.

So what if you are the culprit? Or you banged the car and it was your mistake?

 

[mukeshus]

Re: What to do immediately after an accident?

So what if you are the culprit? Or you banged the car and it was your mistake?

Touch wood, I don't want to enter such situatuion.
I will be cautious while driving & avoid such instances.
I will be paying the amount what he has to pay from his pocket, after making the claim.

 

[cooldhaya]

Re: What to do immediately after an accident?

Very interesting thread!


I still have not encountered both the situations and hope i never will! I agree with Jalex's post , that is the best!


And now what if the guy who rear-ends your car runs away?



@ Gears Buddy some insurance firms are now offering complete insurance even for plastic parts. TATA AIG to name one which i know!

 

[diabloo]

Re: What to do immediately after an accident?

The act of paying the amount - is required by law or is it a norm or just you are being generous?
What if you hit a 40lakh+ car and damages after insurance claim is 5lakh +?
What if somebody hits you and he doesn't have any money to pay?

I will be paying the amount what he has to pay from his pocket.

Accidents are something beyond one's control. Some are more prone & some less. The point is to be prepared.
Again, I haven't seen or have knowledge of any intentional accident (thats why, it an 'accident').
Again, everyone feel they are within control (haven't seen anybody think they drive out of control).

I will be cautious while driving & avoid such instances.

 

[jalex]

Re: What to do immediately after an accident?

The act of paying the amount - is required by law or is it a norm or just you are being generous?
What if you hit a 40lakh+ car and damages after insurance claim is 5lakh +?
What if somebody hits you and he doesn't have any money to pay?

The act of paying money is nothing but generosity or sometimes a way of settlement when something is not in place.

For instance the driver who is responsible may not have a driver's licence or insurance. And he may feel that its better to pay up for the damages else he might get into trouble as the insurance wont cover up the third party damages.

If someone doesn't have money or insurance and has managed to hit your vehicle, You very well can go ahead with a claims petition against him at the Tribunal. Your insurance company will cover the damages and then the registered owner of the vehicle in question will have to shell out the money from his pocket for your damages to the insurance company.

In case he does not have money to pay still. His property will be attached and auctioned off by the Insurance Company through the Tribunal to retrieve the money.

Well, In Delhi scenario is little different. Both the parties will fight over a scretch and one would take out gun to close the matter. Or run over another party to finish the person and the issue.

Yes I know that, its almost the same in Kerala as well. But here we dont have guns so sometimes, especially city bus drivers and tipper trucks play automotive snooker where your car will be the cue ball.

 

[shailinder]

Re: What to do immediately after an accident?

Yes I know that, its almost the same in Kerala as well. But here we dont have guns so sometimes, especially city bus drivers and tipper trucks play automotive snooker where your car will be the cue ball.

Is it. Well i thought such things happens only in Haryana..

 

[kenlitting]

Re: What to do immediately after an accident?

Stay calm.

Its better to keep the vehicle in the position it was soon after the accident till the cops arrive.
(Its a wise idea to take some pictures of the accident along with close ups and long shots which can clearly describe the incident. This can help for evidence.)

See whether the other person involved is willing for a settlement.

At no instance should you get into an altercation or rage.

If things start to turn ugly, Call the Police immediately.

Ask them to make a G.D Entry (General Diary) even if you are to go in for a settlement or best get a case registered with an F.I.R.

Next Inform the insurance company.

Get a claim form from the insurance company and fill it stating the particulars of the accident.

Furnish it to the Insurance company along with a copy of the G.D Entry from the police station.

It might be tough to get the insurance company to act at times. In that case see a lawyer and file a claims petition at the Motor Accident Claims Tribunal in jurisdiction. It might take time to get the damages but you will get it with interest however.

One important question do i have to make any document(gd entry) with police if the opposite party agrees to tpay up. my point is if he pays up and next day he raises a complaint that i rammed my car onto his vehicle will it back fire on me.In kerala we have bus drivers(pvt) daily ramming onto pvt cars and then pleading not to go for case. they want a out of police station settlement. that s why i raised this point

 

[jalex]

Re: What to do immediately after an accident?

One important question do i have to make any document(gd entry) with police if the opposite party agrees to tpay up. my point is if he pays up and next day he raises a complaint that i rammed my car onto his vehicle will it back fire on me.In kerala we have bus drivers(pvt) daily ramming onto pvt cars and then pleading not to go for case. they want a out of police station settlement. that s why i raised this point

You can make a GD entry stating about the incident and that you and the other party have settled the matter. This applies only if property damage is involved and where no one has sustained injuries on his person.