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Southern Express Way Rda Property Damages Are Totally Unrealistic And Insurance Does Not Pay Full Amount


maheshd

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You can sue RDA for claiming 20% proffits. As per contract law, they could charge theirs overheads but not proffits in such cases! If they have mentioned OHP 20%, you can aske the breakdown and insurance will pay the overheads as it is part of cost and you would pay only the proffit.

Do not keep quit just because you paid it! Write to insurance Ombudsman and fight for your rights.

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Don't know if this is of some help. In 2010, at the Nurburgring, casual drivers were being charged for damage as follows:

  • Base fee for attendance of armco truck: €150
  • Removing damaged armco: €10/metre (x2 or x3 or x4 for multiple-height sections)
  • Replacement armco: €31/metre (x2 or x3 for double/triple height)
  • Removing damaged armco posts: €5.10 each
  • Replacing armco post: €39 each

from - http://nurburgring.org.uk/prices.php

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Personally I think the whole episode is ridiculous.

1. First they had no right to impound the vehicle after the accident. It should have been released either to the insurance company or the owner after the initial investigation. Then the receipt for damages should have been sent directly to the owners insurer not the owner as by law all vehicles in SL need to have minimum third party insurance.

2. If the owner admits liability insurance refused to cover it, the RDA should have raised the issue with the insurance ombudsman not the owner.

3. If there was a dispute over cost of damage the ombudsman should have been consulted for a ruling and failure to do which it should have been a matter for the courts to decide.

4. If a dog on the road caused the accident, then the owner of the car can't be held responsible for the accident as he did not cause the accident. There is a concept called causation in Insurance and if the overriding and prevailing reason for this accident was the dog (and not the owner driving at excessive speed), the insurance company can legitimately decide not to accept liability and absolve the user of liability as well. Clearly it is the responsibility of the RDA to keep the road clear of animals and debris. In fact the insurance company would have been fair to ask the RDA's insurers (if such exists or because its a state body the RDA itself) to pay for the damages to the car (after they have settled the claim with the owner of the car).

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Yes it was the armco rail got damage. One rail got damage and i have checked the prices on internet.

http://www.alibaba.c...co-barrier.html

http://www.alibaba.c...o_Barriers.html

According to their site it is around FOB Price: US $10-25 / Meter

After tax and everything say Rs 5000/Meter. 10M rail is around Rs 50000. They are charging another 200k to replace the bar. Is this acceptable ??

FOB + TAX + FREIGHT + CORRUPTION = 250K , Since it is a GOV....AGENCY , Whose fault is directing Dogs to the Highway?. Again the RDA.

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Better option would have been to just slam down on the breaks, and let the ABS take care of the rest... and for the noise of the screeching tyres the dog would react..

Good advice although a driver's reflexes usually has other ideas in the heat of the moment. Also, if your ABS is functioning correctly there'll be no screeching of tyres.

Edited by jsw
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Travelling in E01 seems to be getting Scary day by day... We have to be ready for

01) Dogs who suddenly come infront of our vehicles even though we r speeding like 100 Km/H.

02) Morons who throw stones at moving vehicles just to see how good their aims..

03) Not to even just scratch the metal fence because an inch cost thousands Rs...

04) Idiots who suddenly decide to go about 40 - 50 Km/H because theres no minimum speed.

Still its fun to go as we can atleast stretch our legs a bit... but then there's people, who works in the RDA and who also helped in building the E01 seeking drivers who have exceeded the speed limit, in online forums like AL ... Its a funny country...:-)

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  • 3 weeks later...

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