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Old 8th July 2011, 09:09   #76
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Default Re: Biker Crashes into my Figo

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Originally Posted by Dinesh_Malhotra View Post
Dear Veerji,

can you please help me with the address and location of the person dealing with this work here at Mumbai or Navi Mumbai at the above rates.

my car has received a few unwanted dents for which i aint sure that i should visit the FORD`s bodyshop taking my earlier experiences with them into consideration.

warm regards
Dinesh Malhotra

PS:
i could have pm`d your for the same, but didn`t find the PM icon in your public profile, hence adopted to approach here itself, so that all mumbaikars can gain access to many such places here in mumbai
This guy is at juhu koliwada, and the garage name is Sai Auto , his name is Sunil No.is 9892522204, He will ask any amount initially but bargain and he will do the job, Monsoon time he avoids painting works. Regards.....
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Old 8th July 2011, 11:34   #77
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Default Re: Biker Crashes into my Figo

Can you tell me anything about the police case?
Recently my Figo met with an accident when a rider of a Yamaha coming on the wrong side in a 4 lade highway suddenly decided to test my brakes by turning into my path.
In his defense, he was drunk and probably the afternoon heat had blinded him. He had a wound on his leg and was hospitalized.
But now the driver is charged with rash and negligent driving. And will have to plead guilty in court and pay a fine. Other option is a long drawn court battle which will dent me financially and professionally.
The car damage estimate by Akshya ford is about 70K and I might have to pay about 20K. Both headlamps, windshield, bonnet, bumper, radiator, A/C condenser, are damaged as the bike was hit on it's side.
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Old 8th July 2011, 13:13   #78
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Default Re: Biker Crashes into my Figo

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Originally Posted by wildsdi5530 View Post
Can you tell me anything about the police case?
Recently my Figo met with an accident when a rider of a Yamaha coming on the wrong side in a 4 lade highway suddenly decided to test my brakes by turning into my path.
In his defense, he was drunk and probably the afternoon heat had blinded him. He had a wound on his leg and was hospitalized.
But now the driver is charged with rash and negligent driving. And will have to plead guilty in court and pay a fine. Other option is a long drawn court battle which will dent me financially and professionally.
The car damage estimate by Akshya ford is about 70K and I might have to pay about 20K. Both headlamps, windshield, bonnet, bumper, radiator, A/C condenser, are damaged as the bike was hit on it's side.

I think best is to check with a lawyer. Find a lawyer thread similar to this thread, someone could help: http://www.team-bhp.com/forum/shifti...ml#post2422047



By the way it isn't clear which driver will be charged - your driver or the Yamaha guy. If you had called police immediately and the case against the Yamaha guy was already registered, then he is most likely to plead guilty - in that case his insurance should pay, not your.

Last edited by vina : 8th July 2011 at 13:19.
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Old 8th July 2011, 13:16   #79
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Default Re: Biker Crashes into my Figo

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I think best is to check with a lawyer. This thread could help: http://www.team-bhp.com/forum/shifti...ml#post2422047



By the way it isn't clear which driver will be charged - your driver or the Yamaha guy. If you had called police immediately and the case against the Yamaha guy was already registered, then he is most likely to plead guilty - in that case his insurance should pay, not your.
Unfortunately in India, and more so in villages it is the bigger vehicle always at fault. Even if the Yamaha guy is driving drunk sitting facing the rear of vehicle driving wrong side, it is still the fault of the bigger vehicle!
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Old 8th July 2011, 17:08   #80
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Default Re: Biker Crashes into my Figo

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Unfortunately in India, and more so in villages it is the bigger vehicle always at fault. Even if the Yamaha guy is driving drunk sitting facing the rear of vehicle driving wrong side, it is still the fault of the bigger vehicle!

Not necessarily - though it is definitely hard.

Given his description of the accident, police was probably involved, and if they were, and they did note in the case book that the Yamaha guy was driving in the wrong lane then there is your evidence.
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Old 8th July 2011, 17:29   #81
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Default Re: Biker Crashes into my Figo

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Not necessarily - though it is definitely hard.

Given his description of the accident, police was probably involved, and if they were, and they did note in the case book that the Yamaha guy was driving in the wrong lane then there is your evidence.
May be. I recently read on the forum about a Laura crashing into the median to save an autowallah who swayed right w/o looking behind. There were enough evidences to the accident, but still the case was against the Laura driver and he has to plead guilty.

I agree with you on what ideally should have happened.
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Old 8th July 2011, 17:36   #82
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Default Re: Biker Crashes into my Figo

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May be. I recently read on the forum about a Laura crashing into the median to save an autowallah who swayed right w/o looking behind. There were enough evidences to the accident, but still the case was against the Laura driver and he has to plead guilty.

I agree with you on what ideally should have happened.
One of my room mates was going in his new car, standing at an intersection when two guys on a Chetak came and hit his right door (they were coming from the right, while looking at shops to their right).

my friend was not a local, and these guys were, so police put a complaint against him. Eventually he had to plead guilty to save time (though his lawyer told him he could win but would have to waste quite a bit of time in the process).

So I agree that most of the time, the practical solution would be to plead guilty - in fact this is one of the reasons why CV drivers just run away (seriously why would you always assume they are at fault) even when it is obviously not their fault.


But in his case, if the police did write the correct report, then I don't think the judge would be such an idiot that our friend would lose.
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Old 9th July 2011, 10:45   #83
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The police were at the scene within 5 mins. They believed that my driver was not at fault. The biker when I met him in the hospital said that it was his fault only and that he was sorry. The area inspector is a patient and friend. The judge and everyone else are all well known to me.
But still according to the law, the bigger vehicle is charged. The FIR filed after 10 days is against me for grievous injury. And everyone tells me to just plead guilty and pay off the fine.
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Old 9th July 2011, 13:35   #84
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Default Re: Biker Crashes into my Figo

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Originally Posted by wildsdi5530 View Post
The police were at the scene within 5 mins. They believed that my driver was not at fault. The biker when I met him in the hospital said that it was his fault only and that he was sorry. The area inspector is a patient and friend. The judge and everyone else are all well known to me.
But still according to the law, the bigger vehicle is charged. The FIR filed after 10 days is against me for grievous injury. And everyone tells me to just plead guilty and pay off the fine.

Did they write in the report exactly what happened? If they didn't it is not a case of wrong law but a case of sheer incompetence on the part of the investigating officers. If the biker gave a statement that said exactly what happened - you can use that to fight it off if you have a decent lawyer.

Bigger vehicle is always at fault is BS - let me know which section of the law says that bigger vehicle is always to be charged. Presumption of guilt of bigger vehicle is not the same as existence of a law. And most policemen don't know what the hell they are talking about - they apply wrong sections habitually.

Of course, there are a few things you must consider - if you plead guilty you'll have to go the court once, if you don't then twice is a minimum. Also if you plead guilty your insurance pays, if you don't then technically the biker's insurance must pay (check your own fine print etc.), and I don't know how easy it is to get money from the third party insurance.
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Old 10th July 2011, 21:50   #85
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Default Re: Biker Crashes into my Figo

Biker gave a statement after about a week wherein he was driving on the right side and I hit him from behind. Now the photoes show damage to the left side of his bike and the whole of my front. Skid marks of my car are in the left lane. It is obvious at first glance what happened.
But law must take it's course. Which means not 2 but many more hearings where i'd have to go. Photoes may not even be considered evidence.
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Old 10th July 2011, 23:36   #86
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Default Re: Biker Crashes into my Figo

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Originally Posted by wildsdi5530 View Post
Biker gave a statement after about a week wherein he was driving on the right side and I hit him from behind. Now the photoes show damage to the left side of his bike and the whole of my front. Skid marks of my car are in the left lane. It is obvious at first glance what happened.
But law must take it's course. Which means not 2 but many more hearings where i'd have to go. Photoes may not even be considered evidence.

Why did he take a week for the statement.

Now you have a problem - the presumptions will be against you. The photos are considered evidence. If you have some witnesses that may help too.

But overall the expense (and heart ache - you are about to be lied in your face) will be less if you just plead guilty and forget about it.
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Old 11th July 2011, 12:41   #87
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Default Re: Biker Crashes into my Figo

That's what everyone advices me.
Guess I should buy a bicycle.
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Old 11th July 2011, 19:52   #88
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Default Re: Biker Crashes into my Figo

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That's what everyone advices me.
Guess I should buy a bicycle.

Don't get me wrong, I'm as disheartened as you are and will be very happy if you do decide to pursue it further. However the odds are stacked against you already and if you don't have any evidence (or reliable witnesses - for example will your cop friends testify exactly what happened - probably not, after all they messed up in the first place by taking a false statement one full week after the accident) at all then you'll waste your time and money and eventually lose.

In addition if you do win, your own insurance company can refuse to honour your claims (after all the other guys' insurance must pay) and from what I have read on other threads, getting money from third party insurance is tough too.
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