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Old 14th June 2011, 23:30   #1
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Default Advice needed on hit and run case involving my wife!

Hi Guys

Around one and a half months back i got a call from my mother in law that my wife who had gone to bangalore had got hit by a car and she was in the hospital.

The accident
-------------

This happened in HSR layout.My wife had taken my mother in laws scooter and had planned to go to her friends house barely 1.5 kms away.The roads were quite empty at around 8 pm.

She was driving and she was taking a right turn into a road when a scorpio went past her at a high speed and she saw a innova on the wrong side of the road coming towards her and apparently the scorpio and innova were racing and the innova hit the scooter and my wife was thrown into the air and she landed on her face.

Injuries
--------
Innumerable scars on face.Eye got saved by a millimeter as the skin just below the eye has been like ripped off.Right side of the face is badly peeled off.
Hand/thumb fracture.
Hip bone - yet to be seen as pain still persists.
Bruises all over.

The innova guy did not stop and drove on and the passers by noted down the vehicle number and a good samaritan took my wife in their car to the nearby hospital.

The car registration number as noted down was given to the cops but it turned out to be some other vehicle and we had no hope of finding this vehicle.I tried the RTO sms with various combinations but to no avail.

Then suddenly last week my wife who had gone for a check up, while coming back saw this innova and she was sure it was the same as the number what the people had given was KA-0**-**-1185 but the real number was KA-**-**-185.

I checked with the RTO via sms and it gave the owners name but no address.

What I want to know is:

a. Would it make sense to get this guys address and go and pull him up for hitting someone and just going away from there without a care?I guess after almost one and a half months gone I guess he would simply say he has no idea what I am talking about.

b.Would the cops believe us if we said this is the correct vehicle number?

c.I want this guy to come and see what pain my wife is going through daily.

d.What should I do?If i had a choice I would really mess up this guy for what he did.

e.How do I get hold of his address.

My wifes on her way to recovery but the scars on her face will take time to heal and the pain she is enduring is something I cant see.

What should be my next recourse -- Do tell me your views.

Thanks

PS Is there any way he could be held liable to pay for the medical expenses as the amount is quite big even after insurance( This is bottom of my list).
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Old 15th June 2011, 00:34   #2
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Default Re: Advice needed on hit and run case involving my wife!

You can go back to the witnesses and talk to them first. If they are willing to spend a couple of days (willingness is enough at this stage) that should do the trick, you have a case.

Go to the police also - but take a lawyer with you (and demand to talk to senior officers, remain polite). If the original number is in the police records that is good too - the 3 digits after KA make no sense (I don't understand why the police didn't see that all district codes are two digits in all states.) and rest of the number matches exactly.

Don't spook the Innova guy - there is some chance there might be some evidence in his records (service records, activity near the place of accident ...) which will be gone if he is spooked prematurely. There is also a possibility that the police new all along who he was (3 digit district code above).


Hit and run is usual covered under "rash and negligent driving" it is a bailable offence but the max punishment is 2yrs imprisonment - I'm pretty sure he will agree to a written apology pronto the moment he sees some witnesses.

Also in case he agrees he was responsible, his insurance company will pay you compensation.

Last edited by Technocrat : 15th June 2011 at 02:01. Reason: Please avoid quoting an entire long post speacially if its on same page, thanks
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Old 15th June 2011, 03:10   #3
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Default Re: Advice needed on hit and run case involving my wife!

Sad to here about the accident & the injuries, that too on the face.

Back to topic,
If you could prove the Innova got the damaged parts repaired (I hope atleast there must be some damage to his bumpers) after the incident, that could help you out legally to some extent. Again the owner has numerous answers for this.
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Old 15th June 2011, 03:26   #4
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Default Re: Advice needed on hit and run case involving my wife!

Umm just one second. Please remember, that the chances of two same colored innovas with similar numberplates is quite high. Please make sure you are sure that it is the right car before you go on and ruin someones life.
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Old 15th June 2011, 03:38   #5
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Default Re: Advice needed on hit and run case involving my wife!

Is it possible to Hire Private detective agencies for this case?

Will it be possible for them to scan cellphone records of that person for that date and time , indicating accident?

IMO if possible you should hire a Good and Reputed Private detective agency which should be ideally equipped to deal with such a case.

And we all hope you nail that guy soon. Wish you the BEST.
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Old 15th June 2011, 06:56   #6
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Default Re: Advice needed on hit and run case involving my wife!

I have a dumb question - wasnt your wife wearing a helmet? I'm surprised how otherwise the face could be so badly affected.

I would go with what vina has said in this case. Such people must be taught a lesson. Driving a big fat car, on the wrong side then hit & run - shameful!!
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Old 15th June 2011, 08:02   #7
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Default Re: Advice needed on hit and run case involving my wife!

1) From your description, it looks like your wife was not wearing helmet. This is a must even for smallest journeys on two wheeler. I was saved by Helmet last year.

2) About fighting back, consider all the pros and cons. I am sure that they max anybody will get is not much punishment. It wont be in tune with the severity of the offense. Knocking doors of Indian Judicial system makes little sense. Pursue this legal case, etc. after weighing in all pros and cons.
I am not sure if others will help or not, but one issue might be that of eye witness.

3) Photographs of the accident can be helpful if you have any.

Though not related to this incident by much, avoid using two wheelers as long as possible. The traffic has increased too much, much more than we can think. Traffic sense is absent and obviously its safer to use 4 wheeler than 2 wheeler.
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Old 15th June 2011, 08:10   #8
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Default Re: Advice needed on hit and run case involving my wife!

It is sad to hear that you wife was injured badly in a hit and run case. I would suggest an appropriate RTI should be lodged in the police station or the public information officer regarding to the status of the case. The RTO too should be issued an RTI for obtaining the address of the vehicle owner. Next with the aid of your lawyer, send a notice to the offender for compensation of the expense directly or through insurance, quoting witnesses. I believe this should be suffice if the offender agrees, or else a case has to be filed in the court of law, if the jurisdiction of chennai is allowed being resident of Chennai, it would send the signal for compromise settlement by offender. Good luck
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Old 15th June 2011, 08:42   #9
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Default Re: Advice needed on hit and run case involving my wife!

Some of my personal and frank comments/views.

1) There is no concrete proof.
2) Too late already.
3) Innova could have changed hands, state, color, etc etc
4) Wife is alive and OK - thank GOD for that, $ is big I know, but good to hear she is alive
5) I see you are in Chennai? this happened in Bangalore?
6) If you are a salaried person, how do you plan to do the frequent trips up/down and run from pillar-post (leaves, office, livelihood, etc)
7) Dont forget, to get $ thru a legal recourse - you need to spend at least 50% of it in legal fees!! (+ greasing is inevitable)

8) Last but not least - if you find the real culprit, remember the case WILL go in the direction of 'rider not wearing helmet' and he is entitled to may be nothing or a very paltry amount as penalty!!

Yes, everyone or almost all will say pursue legal options, media, etc etc, but consider above points.

Last edited by svsantosh : 15th June 2011 at 08:44.
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Old 15th June 2011, 09:25   #10
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Default Re: Advice needed on hit and run case involving my wife!

Quote:
Originally Posted by vina View Post

Don't spook the Innova guy - there is some chance there might be some evidence in his records (service records, activity near the place of accident ...) which will be gone if he is spooked prematurely. There is also a possibility that the police new all along who he was (3 digit district code above).

You are right - the cops did say they have got hold of the car guy who was responsible late in the night and said they had spoken to him regarding paying up for medical expenditure and he would be bought to the hospital in the morning but next day they said they couldnt find the right person as the vehicle number given by us was wrong.
Quote:
Originally Posted by phamilyman View Post
I have a dumb question - wasnt your wife wearing a helmet? I'm surprised how otherwise the face could be so badly affected.

I would go with what vina has said in this case. Such people must be taught a lesson. Driving a big fat car, on the wrong side then hit & run - shameful!!
Yes, she wasnt wearing a helmet as she thought she just had to go around 1.5 kms and that too the roads she had to go by is interior roads and quite empty so not wearing a helmet proved wrong.

The whole thing is the innova hit her at the rear of the scooter and so she was thrown away from the innovas path else a second difference would have made the innova hit her head on sideways and at the speed the innova would have been this whole accident could have turned fatal.

Quote:
Originally Posted by aaggoswami View Post
1) From your description, it looks like your wife was not wearing helmet. This is a must even for smallest journeys on two wheeler. I was saved by Helmet last year.

2) About fighting back, consider all the pros and cons. I am sure that they max anybody will get is not much punishment. It wont be in tune with the severity of the offense. Knocking doors of Indian Judicial system makes little sense. Pursue this legal case, etc. after weighing in all pros and cons.
I am not sure if others will help or not, but one issue might be that of eye witness.

3) Photographs of the accident can be helpful if you have any.

Though not related to this incident by much, avoid using two wheelers as long as possible. The traffic has increased too much, much more than we can think. Traffic sense is absent and obviously its safer to use 4 wheeler than 2 wheeler.
There are no photos as I was in Chennai at that time and my wife and mom in laws were at the hospital.

i dont let my wife drive a two wheeler in chennai and in bangalore what I always used to dread happened!

Quote:
Originally Posted by ukderebail View Post
It is sad to hear that you wife was injured badly in a hit and run case. I would suggest an appropriate RTI should be lodged in the police station or the public information officer regarding to the status of the case. The RTO too should be issued an RTI for obtaining the address of the vehicle owner. Next with the aid of your lawyer, send a notice to the offender for compensation of the expense directly or through insurance, quoting witnesses. I believe this should be suffice if the offender agrees, or else a case has to be filed in the court of law, if the jurisdiction of chennai is allowed being resident of Chennai, it would send the signal for compromise settlement by offender. Good luck
Quote:
Originally Posted by svsantosh View Post
Some of my personal and frank comments/views.

1) There is no concrete proof.
2) Too late already.
3) Innova could have changed hands, state, color, etc etc
4) Wife is alive and OK - thank GOD for that, $ is big I know, but good to hear she is alive
5) I see you are in Chennai? this happened in Bangalore?
6) If you are a salaried person, how do you plan to do the frequent trips up/down and run from pillar-post (leaves, office, livelihood, etc)
7) Dont forget, to get $ thru a legal recourse - you need to spend at least 50% of it in legal fees!! (+ greasing is inevitable)

8) Last but not least - if you find the real culprit, remember the case WILL go in the direction of 'rider not wearing helmet' and he is entitled to may be nothing or a very paltry amount as penalty!!

Yes, everyone or almost all will say pursue legal options, media, etc etc, but consider above points.

I am not really looking at getting money out of this person or going legally big time.I just felt that what this person did is totally not acceptable and I personally feel he was wrong in lot of counts

a.Racing on roads meant for public transportation

b.Even after hitting a vehicle he did not stop and just scot away, I maybe would have taken the person to the hospital if I had done so.As every minute is vital and to just leave someone on the road, my conscience wouldnt accept it.

I dont plan to run between che-blr and I really feel that I want to go this guy and tell him what I feel and If after this too he feels he has done nothing wrong then so be it.I believe what goes around, comes around.

I am really happy that my wife is safe and none of her limbs/vital organs were affected.I think she looks more beautiful now with several frontal chipped teeth.

Deep down my heart I just want this guy to realise he could have in a snap taken away a familys joy for his road racing.

Ah, I feel better jotting what I feel and more than me its my mom and dad in law who want this guy to be found and they say they know what to do!
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Old 15th June 2011, 09:44   #11
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Default Re: Advice needed on hit and run case involving my wife!

@ Rajinibm: Thank God your wife is ok. Its sad that this happened, I too live in HSR and the roads are deserted post 8/9 PM. Dont understand why people have to race on public roads that too interiors!

If you are looking at getting this guy to feel sorry for what he did, then let me remind you, he didn't even stop after hitting your wife to check on her. So, him having conscience and a change of heart now is a little far off thought.

You can pursue it legally, but that would take years + legal fees + greasing + lot of your time. Most importantly, you will never be able to get over it until the case is over.

Your call.

Last edited by mac187 : 15th June 2011 at 09:45.
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Old 15th June 2011, 09:45   #12
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Default Re: Advice needed on hit and run case involving my wife!

Sorry to learn about your wife's accident and wish her a speedy recovery. As suggested by @Silverado, it will be better to engage a reputable private detective agency and ensure that it is indeed the car involved. If there is concrete (or reasonable) proof send him a detailed letter by RPAD, may be even a legal notice.

I agree he should not walk scot-free after a hit and run and should at least lose some sleep and money over this. In your shoes, I would not mind spending some time and money towards this end - if I am reasonably sure I have the right person.
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Old 15th June 2011, 12:27   #13
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Default Re: Advice needed on hit and run case involving my wife!

Quote:
Originally Posted by rajinibm View Post
...


I am not really looking at getting money out of this person or going legally big time.I just felt that what this person did is totally not acceptable and I personally feel he was wrong in lot of counts

a.Racing on roads meant for public transportation

b.Even after hitting a vehicle he did not stop and just scot away, I maybe would have taken the person to the hospital if I had done so.As every minute is vital and to just leave someone on the road, my conscience wouldnt accept it.

I dont plan to run between che-blr and I really feel that I want to go this guy and tell him what I feel and If after this too he feels he has done nothing wrong then so be it.I believe what goes around, comes around.

I am really happy that my wife is safe and none of her limbs/vital organs were affected.I think she looks more beautiful now with several frontal chipped teeth.

Deep down my heart I just want this guy to realise he could have in a snap taken away a familys joy for his road racing.

Ah, I feel better jotting what I feel and more than me its my mom and dad in law who want this guy to be found and they say they know what to do!

First of all - if your witnesses agree to help you do have enough of a case to harass this guy. Most people just assume that judicial system can not work without ever taking recourse to it. Also a month is not much time.

Second - if all you want is to make this guy realise his folly - good luck with that. They NEVER understand. Also if the police did find this guy on the first night itself (sorry I read that comment you made now) - this guy already knows what he did. Either he has learned his lesson already or he is not going to learn even from you.

One thing though - taking a lawyer to this guy (if police has already fleeced him) would almost certainly make him pay up.

Last edited by vina : 15th June 2011 at 12:54.
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Old 15th June 2011, 12:50   #14
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Default Re: Advice needed on hit and run case involving my wife!

Good to know that your wife is safe and recovering. I know the recovery process is long and painful however thank god that she is ok!

As far as the culprit is concerned there is no way you can trace the guy. The car must have changed hands color etc. However you may want to try with the media once. It can be local TV channels, newspapers just to spread awareness and just in case some one can remember the vehicle. This is just a chance.

In today's times we have to take precaution ourselves and be extra careful on the roads.
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Old 15th June 2011, 13:11   #15
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Default Re: Advice needed on hit and run case involving my wife!

Quote:
Originally Posted by svsantosh View Post
Some of my personal and frank comments/views.

1) There is no concrete proof.
2) Too late already.
3) Innova could have changed hands, state, color, etc etc
4) Wife is alive and OK - thank GOD for that, $ is big I know, but good to hear she is alive
5) I see you are in Chennai? this happened in Bangalore?
6) If you are a salaried person, how do you plan to do the frequent trips up/down and run from pillar-post (leaves, office, livelihood, etc)
7) Dont forget, to get $ thru a legal recourse - you need to spend at least 50% of it in legal fees!! (+ greasing is inevitable)

8) Last but not least - if you find the real culprit, remember the case WILL go in the direction of 'rider not wearing helmet' and he is entitled to may be nothing or a very paltry amount as penalty!!

Yes, everyone or almost all will say pursue legal options, media, etc etc, but consider above points.

I would not agree with any of these. You have a right to make a complaint at any time that you would like. Since there were injuries and the person did a hit and run, it will be seen as a serious crime. Had he stopped and helped the judge would have taken a softer view. and all the more reason the guy responsible should be punished

I would suggest you make a written complaint with all the details, photos of the car, description,names and witnesses and ask the police to register an FIR if they have already not done so. If the sit on the complaint then file an RTI a week or so after the original complaint asking for status of the investigation. Sadly though, it will be upto you to prove the case. Some detective agencies can help you get phone records and location details of the person in question on that day.

Also locate the car and try and find our where he gets it serviced, painted etc, a closer look at the car will show marks or freshly painted surface. Do not confront the owner/driver as they will surely deny and prepare defense in advance.

If the police gets evidence and files a case , you do not have to spend the legal fees.
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