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UDear Legal Experts,
I would like your advice on 2 situations. I’ll try to provide all the relevant details below, Long read:
1. A. We run a Preschool and Daycare. One of the regular student stopped our school when they had a pending tuition fee of 11k. Before they stopped sending the student, we had send multiple reminder whatsapp messages, calls, and emails. There was no communication from the parents regarding anything and we got to know from other sources that they are shifting the kid to another school.
B. One of our day care student left our Center without making payment of 9k. Prior to leaving, they had special request to have the day care available on Saturdays as well. Prior to this all Saturdays was off and due to their request, we made arrangements with our staffs to have day care facility for all Saturdays (except 2nd Saturday). After making all these arrangements, they shifted to another Day care and ghosted without making any of the pending dues. Similar to 1.a, we have sent multiple whatsapp messages, calls and mails to clear the dues, but to no avail.What can we possibly do for these cases? Both of them no longer attend our calls. I spoke to a lawyer locally who’s service had availed previously, but he seems to be pretty disinterested in this. He mentioned that almost 50% amount will go as fees and will take long time for settlement, but didn’t continue any further.
2. Our driver met with a small accident, no mishaps, but considerable dent and scraping to the vehicle. The driver assures that the fault was with the other driver and from the looks of the damage it does seem so, it’s towards the side back of the vehicle. At the time of accident, the other party agreed to pay for the charges for repair. Driver clicked the vehicle number, exchanged phone numbers and left. Fast forward a couple of weeks, they have been ghosting our calls. Our driver happened to meet the driver again today and they had heated argument wherein the other party said they will not cover the repair charges and said to go file a case.
What would be the best approach to settle this amicably. The repair costs is estimated around 6-9k.
This is the first time me or anyone around us is involved in such a situation and tbh I’m clueless as to what to do. I think claiming our insurance will be the way to go, but I would like to get clarity on the right way to do this. Will we require a police case for doing this? Anything else to keep in mind? I’m very much displeased with the situation as the other party is going back on their words.
Appreciated your valuable inputs on these 2 situations. I shall try to provide any more info as required.
TIA.
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ULawyer here.
For the first case, you may issue legal notices to both defaulting parents through a lawyer, formally documenting all concerns and demanding the outstanding amount. If they fail to respond or make payment, you have the option to initiate a lawsuit for recovery. However, in my view, pursuing legal action may not be worthwhile given the time, resources, and effort involved.
For the second case, insurance companies in India follow a knock-to-knock agreement, meaning each party must claim damages from their respective insurer. Otherwise, the at-fault vehicle owner is responsible for paying the excess amount and any additional expenses. In cases involving third-party losses, a police report is mandatory, and the matter is referred to the Motor Accident Claims Tribunal (MACT), which determines the compensation.
However, given the low amount involved, pursuing legal action in such cases is not advisable, as it may not be worth the effort. Instead, take this as a learning experience and ensure you collect fees in advance and secure adequate insurance moving forward.
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UThanks for the detailed response.
For the first case, maybe that’s the reason why the lawyer seems disinterested. Anyhow, moving forward what can we do avoid such situations again? Any suggestions?
Yup, this is a learning experience for us.
So for the 2nd case, we can just go ahead and claim our own insurance, right? No need of any additional documentation, police complaint, etc right?
Thanks again.
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UI am uncertain as to why the lawyer was not interested in the matter. Regardless of the issue’s magnitude, a lawyer is expected to attend to their prospective clients. The cost of drafting and sending two similar legal notices should not be significant, and in all likelihood, the parents would comply with the payment upon receiving the notice itself. Again, you can start taking payments in advance to avoid such non-payments.
Regarding the insurance claim, it may vary based on your insurance provider. Some insurers mandate the filing of an FIR for claims involving third parties, while others may not. It is advisable to contact your insurer directly and provide a completely truthful account of the incident. You can then proceed based on their guidance.
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UThat lawyer seems to be quite popular and is always busy. This could be a reason for this. I guess I should find someone who is a little less busy.
Noted, will check with the insurance provider.
Appreciate your response.
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