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  1. NIHAR
  2. Complaints, Objections
  3. Friday, July 29 2022
My 2 months old car HYUNDAI i20 Sportz (Petrol) got crased by the service boy (which is a newbie) in a pillar inside their auto workshop during my first servicing. While the dealer only aggreed to repair the car and does'nt want to replace it with a new one. Since the car is only 2 months old (2692km driven ) I wan't the car to be replaced by a new one. The damage occured to the car (frontal damage, engine part) is very much even both air bags dot deployed and for such level of damamge a repaired car is not worth it as my car is new. I have olso uploaded some pictures. Kindly suggest me on this.
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Gagan Modi Accepted Answer

Indeed looks like major damage
Did you checked and stored in CCTV footage as looks like the person even in closed compound of workshop like driving at higher speed - its a major accident with airbags too deployed

It certainly is mishap by workshop end and although they may admit there fault but as first stand - dealer will only ask to repair but this repair would be under your insurance only (and if zero dep policy taken with consumable cover then entire settlement would be done by insurance company without any expenditure)

Secondly with this frontal accident - car resale will also take a hit as looks like that front aprons will get bent and will easily be identified by any used car dealer that its an accidental car.

Now 2 solutions
1. Yes its a major accident - but even much major accidental cars can well be repaired by workshops and customer do not face issues later on
As everything will be covered under insurance (your car policy) - all parts would be replaced with genuine parts only

Till the time car is repaired - dealer will handover spare car for your commute purpose
and if you escalate to Hyundai - chances are that your car warranty will remain intact too as parts warranty is of just 6 months in accidental cars.

If this solution is okay then you may write to Hyundai on same

2. Else if not and you seek replacement only then do note that neither
> Dealer
> nor manufacturer

will replace the car without court intervention. Infact if they handed you service acknowledgement then on reverse of same is mentiond 'that service is at customer risk. What you need to do is to

Escalate to Hyundai first and pitch in strong words about the incident which is done at
> on driving rash by Hyundai Staff
> Hyundai Workshop premise

and state for 2 month old car - you not goung to accept this gross violation as accident was done by driving rash at high speed by HYundai driver by violating all guidelines within Hyundai workshop premise and you need replacement only

Also, state this Supreme court verdict which although came on Hotel that a car which is handed over to Valet of Hotel and stolen then Hotel can not deny claim. In similar way - if car handed over to Hyundai Staff and accident caused by him due to rash drive within Hyundai premise then Hyundai can not deny there responsibility and you seek replacement

You need to pitch strongly and if you find any denial may approach a lawyer for sending notice and then approach court for same.
In meanwhile - do not lodge any claim with insurance company - as if lodged and vehicle repaired then things will go low in your favor

Kind note that court verdict may take several years, but if you are convinced on your part - then compensation will come your way.

Hope should help
Feel free to connect for any follow up queries !!

Nihar Jyoti Accepted Answer
So if the dealer repair my car using my car insurance will the value of my car depreciate since its under own damage cover policy.

Admin Accepted Answer

Accidental cars value depreciate from resale terms in all perspective.
From Insurance point - IDV will depreciate at 20% after end of 1st year for renewal but car resale is never dependent on IDV Value.

Hope should help !!

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