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Old 26th October 2017, 08:52   #76
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Default Re: Car accident involving pedestrian in Kozhikode, KL. Need advice

Sorry to hear about this and one day prison is too harsh. This feels like déjà vu to me. I experienced similar situation a few years back in sultan bathery, they always target nonKL vehicles.

All of These guys are hand in glove, it is a nexus... the people who jump onto the road, the people who gather around you, the police, the lawyers, the PP, the hospital staff, the judge... everyone gets a cut. In my case, the guy didn’t have a scratch and started walking but the police reworded it as severe disability and loss of income etc. I managed to find someone higher up in police to get out of it but still had to admit to negligent driving To avoid KA KL trips. Anyways, get a good lawyer and if you are harassed by police get to IG rank officers and you will see a sea change in behaviour. Good luck!
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Old 26th October 2017, 09:24   #77
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Default Re: Car accident involving pedestrian in Kozhikode, KL. Need advice

One thing which I definitely did after reading your post initially was getting a dashcam for my car immediately. Also when out of state cars are involved in these situations, you lose two third sympathy immediately. Hope this gets sorted out for you soon.
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Old 26th October 2017, 21:07   #78
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Default Re: Car accident involving pedestrian in Kozhikode, KL. Need advice

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Originally Posted by chakri400 View Post
Sorry to hear about this and one day prison is too harsh. ...
All of These guys are hand in glove, ... ... everyone gets a cut. In my case, the guy didn’t have a scratch and started walking but the police reworded it as severe disability and loss of income etc. I managed to find someone higher up in police to get out of it but still had to admit to negligent driving ...
I am not sure whether the cops are in sync here, but everyone is a local so that possibility is there. May be the compensation figure feeds all.
Typical of most FIR's the cops writes what suits them in the long run, possibly from the rewards perspective. In my entire experience what surprised me is no where the cops were prepared to listen to my explanation of the incident nor is it recorded anywhere, its as if facts don't matter to folks who have to uphold the law, they just brushed it off stating the first FIR is what matters, maybe that's how the law is set up in India. Crazy enough.

Till I read the link Prithm posted earlier even I wasn't aware that judgments can be in favor of the motorist, everyone made me believe that I am at fault though they sympathized by stating this is how the law works for everyone, I wish either they are educated properly about our laws and if they know the facts in the incident, they educate us about our rights, the law is taken as a joke by all, manipulated to suit some pockets.

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One thing which I definitely did after reading your post initially was getting a dashcam for my car immediately.
So which one did you buy, from where and for how much, did you research on TBHP, crazily I still haven't.
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Old 26th October 2017, 22:41   #79
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Default Re: Car accident involving pedestrian in Kozhikode, KL. Need advice

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If you proved you weren't at fault why then was the compensation rewarded, I'm not against it so I'm sorry if this question is silly, its just that I have limited understanding of how law works, or was it that you too had to admit in court to reckless driving (standard clause, not the reality) and then the insurance took it over from there, thanks again.
Even if it is not your fault and the other guy gets injured, he is liable for a compensation...that's what third party insurance is for.
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Old 27th October 2017, 12:16   #80
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Default Re: Car accident involving pedestrian in Kozhikode, KL. Need advice

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So which one did you buy, from where and for how much, did you research on TBHP, crazily I still haven't.
I got a simple one, Blaupunkt BP2.0. I didn't put it for any serious photography, but just for evidence during situations like yours, and it does the job pretty well in that respect. Comparatively inexpensive as well.

I did see a few reviews on TBhp as well as outside and I thought it will serve my purpose and it does. Been using it for nearly 2 years now.

I think everyone should get one. Roads are crazy unpredictable in India, no matter how great a driver or careful are you.
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Old 29th October 2017, 09:26   #81
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Originally Posted by s_pphilip View Post

In my entire experience what surprised me is no where the cops were prepared to listen to my explanation of the incident nor is it recorded anywhere, its as if facts don't matter to folks who have to uphold the law, they just brushed it off stating the first FIR is what matters, maybe that's how the law is set up in India. Crazy enough.



Don't even bother about what cops think. Don't talk to them, it is just a waste of time. Their job is done, they cannot touch FIR. Get a good lawyer and he can get things right for you.

I bought a xiomi yi Dashcam after the incident
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Old 31st October 2017, 20:28   #82
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Default Re: Car accident involving pedestrian in Kozhikode, KL. Need advice

I spoke to my lawyer on the weekend and she again pacified me stating I worry too much about this case, it isn't a big deal, she also said I need not come over in person, she'll handle it herself, my relative who referred her to me suggested that I leave it to her, so now I'll update once I hear from her after 7th, she said she'll present the insurance copy to the court and involve the insurance folks. She made it sound easy, may be I worry too much.
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Old 12th February 2018, 15:42   #83
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Default Re: Car accident involving pedestrian in Kozhikode, KL. Need advice

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Originally Posted by s_pphilip View Post
I spoke to my lawyer on the weekend and she again pacified me stating I worry too much about this case, it isn't a big deal, she also said I need not come over in person, she'll handle it herself, my relative who referred her to me suggested that I leave it to her, so now I'll update once I hear from her after 7th, she said she'll present the insurance copy to the court and involve the insurance folks. She made it sound easy, may be I worry too much.
Hey pphilip, hope things are going smooth regarding this case.

Any progress ?
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Old 12th February 2018, 15:57   #84
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Default Re: Car accident involving pedestrian in Kozhikode, KL. Need advice

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Originally Posted by Altocumulus View Post
I got a simple one, Blaupunkt BP2.0. I didn't put it for any serious photography, but just for evidence during situations like yours, and it does the job pretty well in that respect. Comparatively inexpensive as well.

I did see a few reviews on TBhp as well as outside and I thought it will serve my purpose and it does. Been using it for nearly 2 years now.

I think everyone should get one. Roads are crazy unpredictable in India, no matter how great a driver or careful are you.
Be advised.

1. Even if you capture everything in your cam, please make sure you immediately save the footage using the emergency save function in your device. Its a standard feature in all dash cams and should be the first thing you should do immediately after the event. Do not even get out of the car before this is done.

2. Make sure the device / card is immediately stored safely away from the crowd. There is a very very very high chance that the mob will try to man handle and the moment they realize that you have cam, it can go either way.

They might scatter. Low since its not that usual on our roads.
They might man handle and try to destroy evidence with force.

3. Call 108 (Ambulance) instead of Police first if the injury is grievous. Let someone from inside the car keep recording all these in his/her mobile. Then call Police. All these things will go on record if things move to court.

4. Take as much as snaps of the car and spot as possible and make a video with mobile. All the noise and chatter must be recorded along with damages.

5. Do not handover the devices to Police at any cost. They have no right to seize or scan your contents. Do not even mention that you have recorded evidence, not until all the recordings are safely transferred to a laptop or Cloud. THIS IS VERY VERY VERY VERY IMPORTANT. I cannot stress this more than this. A recent judgement in Supreme Court has been delivered where you can produce electronic evidence without the need of the physical recording devices. So, the recording stored in Cloud is more than enough to save you.

6. Keep a low profile. Do not be boisterous that you have all evidence. Let the drama ensue. Keep calm and get a lawyer ASAP. There is very high possibility that they might detain you (illegally ofcourse) and your lawyer should be able to file a Habeas corpus before the metropolitan magistrate within the same day.

7. Keep calm and inform all your relatives close to the area to come visit you immediately. There has to be someone who should know all this and act as witness if things go wrong.

Repeating this again. Do not handover any electronic evidences to Police at anytime. Keep it hidden and only after you have safely transferred the data to a alternate location, you can chose to show it to Police.
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