My parents met with a car accident, they sitting in front and father was driving. They got severe injuries due to non-deployment of both airbags. Father has got multiple rib fractures and deep cut in tongue and gums and mother has got vertigo problem (dizziness and giddiness) when she rammed her head due to the impact and has got inner ear injury with one hand fracture. Both cannot do their daily activities and discharge from the hospital. My whole family is undergoing mental trauma. We have made a complaint to the company and they took the car from the police station for inspection. But they have not reverted and mailed us that they need permission for dismantling few parts. The insurance company is telling the car is going to scrap in a total loss. So my queries are shall we go to the consumer court and send them a legal notice? Or we shall we let them inspect the car themselves first and then file? Also, I want to know whether we have to be present there while their inspection or any third party we should ask for an inspection at the company center.
Hello,
If they are not replying to your e-mail and are not reverting then you should send a legal notice to them and thereafter file the case before the consumer forum.
Ask the police station to enquire at the company as to why they are delaying the process.
Get in touch with the company to ask them as to when they will be doing the inspection so that you can mark your presence at the relevant time.
What was the value of the car?
Regards
You should send them a legal notice and file a consumer complaint at the earliest.
File complaint both before consumer Forum and Motor vehicle Accident Tribunal.
Before answering to your query, please state as to whether they were wearing seatbelts or not?
How come they took car from police station ?
Non deployment of air bags is severe deficiency of product. Tell, them not to scrape the car, company is disposing the evidence. File consumer complaint. Absolute recovery with medical expanse s++ compensation + interest.
File complaint against car manufacturer before consumer forum as air bags failed to deploy due to accident
2) enclose medical report of nature of injuries to your parents
3) seek compensation for mental torture undergone by parents
4) also expenses incurred on
medical treatment
5) obtain inspection report from manufacturer of reasons why air bags did not deploy in event of accident
Yes it is a consumer dispute and claim compensation from the car company as it was default on there part.
See on inspection they will find out your fault to shift the onus so In such situation send a notice and further if on notice and inspection they fail to compensate file a consumer complaint against the company.
Also you can take third party expert report on same and get it inspected it will be useful in complaint.
Dear Concern,
Please note -
01. The Prospectus/Catalog of the Car which your parents were driving and the medical reports of your parents are more than enough to approach the consumer court asking for the compensation which your family truly deserves. All that is required to be proven is -
(a) the airbags were faulty,
(b) your parents were having seat belts on themselves while driving the vehicle.
02. The company usually do not entertain anyone at the time of inspection of the car at their workshop. If you want your presence to be over there then you may specifically ask for it from them.
03. Your filing of case is not dependent upon inspection of car from the side of the company so you may chose either of the option like filing it after the company has completed its inspection or before the company has completed its inspection. However, if you wish to play safe then you may chose to file your case after the inspection as that closed down all the remaining speculation about the faultiness of the car.
1) No, now what you're expecting from company?
2) Get company brochure and all details whatsoever they had promised at the tie if purchasing the car mentioned all those points and your parents accident report and their injuries.
3) File case in both places in Consumer Forum and court as well under motor accident act make the party to insurance company as well.
Issue a legal notice through an advocate and file complaint before district consumer forum as air bags failed and seek compensation.
You should send them a legal notice immediately and i hope your parents were wearing their seat belts at the time of the accident.
You can let them inspect and then file consumer complaint you be present during inspection
Dear client
Yes you should go to consumer court and send them the legal notice regarding the matter and you should claim a heavy compensation from the car manufacturer for delivering you a faulty vehicle.
You should also file a case under Motor Accident Claim Tribunal(MACT) for compensation of accident from the insurance company.
First of all try to get all the formalities by the insurance company done as early as possible because before filing case you should be in hand some relevant information on which the case shall be based, then see what happened, take early steps in the matter. In the meantime drop a mail to the car company for not reverted back regarding the steps taken. Put pressure on the insurance company to complete their work as early as possible as the car is a case property so can't be dismantled without informing you and the police and court. If after these steps you found that car company or police or insurance company is not co-operating with you then file a case before the consumer court or other competent court as the case may be.
If the non-deployment of the airbags was due to a technical malfunction, or in any other error related to a manufacturing defect in the car, this is a fir case to drag the car manufacturer to the consumer court. Serve them with a legal notice before approaching the consumer court.
Can we file a case under Motor Accident Claim Tribunal(MACT) for compensation of accident from the insurance company since they are not paying anything for medical expenses? In policy, it is written that driver/owner won't get anything unless it is a case of any organ disability or eye-sight loss or death. But for others sitting in the car such as my mother, they should pay the medical bill for her. Or, Can I ask for fathers medical expenses even if the injuries are not covered in the policy? Replies to all your queries: To Anilesh Tewari:: You can mark your presence at the inspection time --> Will that makes any difference because as they have our car already. They are replying now but they are asking for our permission to dismantle the parts to know the reason. This is pending from our end. We should give permission in our presence right? To Siddhartha Jain:: Please state as to whether they were wearing seatbelts or not? --> Yes To Yogendra Singh Rajawat --> When we got release orders from the court they asked for inspection as we have filed a complaint to the company so we only gave. To Shubham Jhajharia --> Also you can take third party expert report on same and get it inspected it will be useful in complaint. Question: Only after filing the case we can include the third party
Before.filing case you can take expert.opinion on non-deployment of airbags in case the case is filed you can use same if it is favourable.
You can file MACT against the other party claiming expenses and losses for injuries.
Consumer complain will file. Non deployment of air bags is car manufacturing defect. Car company will compensate.
In no case car can be scrapped. More over, car must be released on conditional orders, Scarping car by comapny will be contempt of court.
The best recourse for you is to file a consumer complaint against the car company fordeficiency of services and unfair trade practices adopted by them by way of non deployment of airbags inspite of the fact that both the passengers were wearing seatbelts, wherein you can seek compensation for the trauma and mental agony undergone by the parents as well as actual medical expenses incurred due to their deficiencies.
Also, you can file a make the insurance company a party in the said case.
Filing of MACT case would not be of much help as cases take 8-10 years to be disposed off and the compensation amount awarded is very low.
You can go against them in consumer court if you are the consumer
You need to file the complaint before the consumer forum only and not MACT.
yes you should give permission in your presence
regards
If the company is silent about the airbags and are not willing to accept the defect of unserviceable air bags, you may very well appraoch consumer court agaisnt the company by first issuing a legal notice to the company.
While there is an inspection it would be better that you be present there so that you will come to know the issues involved.
For claiming insurance amount you may have to first get a FIR registered.
The insurance claim can be settled based on the FIR only.
In continuation to my previous question I want advice on below mentioned points: Status:: Now that we have got the inspection done by the Toyota and receive the response which says they don't see any issue in the car and due to some deceleration criteria didn't match the airbags didn't deploy (as expected). And, the car insurance company is telling that they want car with RC-cancelled to settle our total loss claim (which is a very small amount because the car is 2007 model). But we'll be needing the car with RC to file the case. Now, insurance company is giving us the option to keep the car with RC (till the case runs) and provide them a affidavit saying we will get RC cancelled once the case is over and we are settling the claim with them. They will give the amount to us. Question are: 1. Shall we go ahead and settle the total loss claim and give them the affidavit for keeping the car with RC. Or we should not settle anything with them before the judgement happen? Will insurance company wait for that long? 2. Now we are planning to send them a legal notice and afterwards we'll plan to file a case in consumer court. What we should broadly write in the legal notice? Please provide your detailed response on both points.
1) you should settle kids claim and give affidavit fir keeping car with RC
2) legal notice should mention detailed facts of case
1. Yes.
2. You can do this also after sending legal notice
1.See you can settle the claim with insurance company and further can also give RC and car with endorsement that they have received same and it is getting cancelled.
2. See firstly engage an Advocate to give the notice secondly you need to give that product was defective and unfair trade practice by toyota.