• Claims for damaged car repair demanded?

What if while driving by mistake due to heavy rains and visibility, accidentally one slightly bums into a parked car while taking reverse. Can the parked car owner demand money for the repairs? or he claims it from Insurance? If the driver is apologetic and offers to pay half the money for the damages but parked car owner demands the entire amount? can their be any legal action taken against the one demanding for refund or the one who's not willing to pay for the damages?
Asked 4 months ago in Civil Law from Mumbai, Maharashtra
1) accident has occurred due to your negligence 

2) car owner can claim damages from you 

3) he will not accept 50 per cent of repair costs 

4) in the alternative car owner can claim from insurance company for damage caused to his car 
Ajay Sethi
Advocate, Mumbai
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If you fail to pay car owner may file police complaint against you for rash and negligent driving 

Ajay Sethi
Advocate, Mumbai
24868 Answers
1339 Consultations
5.0 on 5.0
Due to the rashness and negligence of the driver if damage is caused to another vehicle the owner of the latter can successfully sue him in the Motor Accident Claims Tribunal for compensation. If he has claimed it from insurance company, which has allowed his claim, he may reclaim that amount from the owner of the accident causing vehicle.
Ashish Davessar
Advocate, Jaipur
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474 Consultations
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What if while driving by mistake due to heavy rains and visibility, accidentally one slightly bums into a parked car while taking reverse. Can the parked car owner demand money for the repairs? or he claims it from Insurance? If the driver is apologetic and offers to pay half the money for the damages but parked car owner demands the entire amount? can their be any legal action taken against the one demanding for refund or the one who's not willing to pay for the damages?

This can be treated as an accident. A criminal case can be booked for negligence but if nobody is injured or hurt, then an FIR for the incidence can be registered  or insurance amount can be claimed for the damages to the car.
T Kalaiselvan
Advocate, Vellore
15366 Answers
141 Consultations
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What if the car owner has claimed it from the insurance company for the damages then is it legal to demand the same from the other party? cant the driver deny to pay and demand of the owner and ask him to claim the same from insurance company?

If the owner has already claimed insurance amount then he cannot claim any money from you.  It will be illegal and can be considered as extortion, an offence under criminal law. 
The driver can very refuse to pay any such amount claimed. 
T Kalaiselvan
Advocate, Vellore
15366 Answers
141 Consultations
5.0 on 5.0

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