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Old 31st August 2010, 08:04   #46
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^^^ Right; Law doesn't say that the damages has to be paid from the concerned party & its just ethics. However, what the Doc did was clear unethical too & not what he had to do. The Doc just cheated by pretending to be a gentleman. Again, one need not file a case to claim the insurance. The case has to be filed only when the insurance needs to be claimed from the other party's insurance.

@Nathan - forget it; things like this keeps happening; take this lesson as wake up call & try to remain more cautious & avoid being at guilty.
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Old 31st August 2010, 08:12   #47
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Peace to all,
Just wanted to clarify about people who drive on the rightmost lane at 'slow' speed, and become the object of rage from people who want to go at break-neck speed.
I normally drive on the middle lane at my moderate speed but am often forced to take the rightmost lane by speedsters. Mind you, the speed limit on that road is 40 yet people hate me if I am maintaining that limit. I must say that this is not quite fair.
Why do I switch to the right lane? These crazy speedsters want to overtake the speedster in front of them in the right lane, who is already doing 60; so they cut close across my bows giving me anxiety. At such times I find it easier to keep in the right lane for peace of mind. If a speedster wants to cut in front of me he should give me a signal and should keep proper distance and allow me to make that distance. Switching lanes without warning your neighbors is bad driving (as if over-speeding wasn't).
I am not aware of any zone within a city having a limit of 60+. Individuals are not allowed to assign their own speed limits to public roads No offence meant, but we do need to understand each other's problems.
Cheers.
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Old 31st August 2010, 08:13   #48
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The case has to be filed only when the insurance needs to be claimed from the other party's insurance..
Also, when anybody is hurt or injured in the accident involved.
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Old 31st August 2010, 08:38   #49
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One of the Worst thing that was supposed to happen, didnt happen in my life again by gods grace.

(Past Experience: http://www.team-bhp.com/forum/street...-my-spine.html (Near Death Past Experience: Broke my Spine!!))

Last night I was on my way home after dropping a friend of mine who had come all the way from vellore to see me, I was driving at vittal malaya road then this incident happened:

I was at 60KMPH and was just back of an indicab, suddenly indicab driver applied full brakes, as a lady scooter driver crossed him without any intimation, i was so close to indica and didnt know what is going to happen next minute....all I did was pressed brake pedal to whatever extent it went and finally there was a huge noise of tyres and vehile stopped just 1-2cm from touching indica's bumper, the cab driver got down and was cursing that lady, but she didnt even had courtesy to stop.

I finally thanked God everyone was safe and nothing happened.
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Old 31st August 2010, 08:57   #50
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Originally Posted by gostel View Post
Peace to all,
Just wanted to clarify about people who drive on the rightmost lane at 'slow' speed, and become the object of rage from people who want to go at break-neck speed.
I normally drive on the middle lane at my moderate speed but am often forced to take the rightmost lane by speedsters. Mind you, the speed limit on that road is 40 yet people hate me if I am maintaining that limit. I must say that this is not quite fair.
Why do I switch to the right lane? These crazy speedsters want to overtake the speedster in front of them in the right lane, who is already doing 60; so they cut close across my bows giving me anxiety. At such times I find it easier to keep in the right lane for peace of mind. If a speedster wants to cut in front of me he should give me a signal and should keep proper distance and allow me to make that distance. Switching lanes without warning your neighbors is bad driving (as if over-speeding wasn't).
I am not aware of any zone within a city having a limit of 60+. Individuals are not allowed to assign their own speed limits to public roads No offence meant, but we do need to understand each other's problems.
Cheers.
Which City is this? Mumbai and 40KMPH?

According to me, Maintaining a speed according to your surrounding is more important than following speed limit. Of course not on high speeds only till the speed you are comfortable. If you are comfortable driving in 40, you got to let others go ahead and give way.

Personally, I find it very annoying to find people driving at low speeds and think they drive safe. They actually block the traffic in their merry driving. You never know someone is in a real hurry and you are hampering his time.
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Old 31st August 2010, 09:01   #51
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Usually these guys don't bother to file FIR, but just be prepared for the worst & it may not happen at all.
aargee, I am getting nervous now.


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Anyway, he won't go for FIRs. So only thing now is to put this behind and go ahead. Your guilt shows that it wasn't a premeditated move.
I am hoping so.

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@Nathan - forget it; things like this keeps happening; take this lesson as wake up call & try to remain more cautious & avoid being at guilty.
You bet.
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Old 31st August 2010, 09:10   #52
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aargee, I am getting nervous now.
Sorry Nathan, I was just trying to alert you remain cautious that's all, never knew you would feel bad. 99.9% of the time, the auto guys will never go to the cops for these silly things (as I actually filed against one guy for a silly reason); besides this is a huge process & will consume nearly 2 days because RTO is also being involved besides the traffic police. If you hear the rules on red tapism, you'll go mad. So don't worry, all I'm asking you to do is to take care of the 0.1%.

Last edited by aargee : 31st August 2010 at 09:14.
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Old 31st August 2010, 09:33   #53
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Thanks aargee.
I too hope that the auto driver won't file a complaint because there was no big damage to his vehicle, and there was no passenger in it.
The impact was at a very low speed (say <10kmph). My bumper got a small crack as it's plastic and the auto's rear-end is in metal.
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Old 31st August 2010, 13:27   #54
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ch.nathan. The autodrivers have a tough time every day, running away from cops. If they go to file any FIR, they get docked for all kinds of documents. They are easy targets for cops. He won't go that side at all. I keep speaking to auto drivers about their personal life and they one community they dread the most called cops.
Since you have not left any damage on the auto guy, he would never take the pains of approaching cops for something trivial. But he'd have abused you.
I didn't mean to hurt your feeling or anything, but the auto guy would have gotten over it now. So guess, you get over it too.

@googleman. The law does state that you pay for damages as stipulated by the judgement. But the court cases are long drawn.
Had this happened in US, my friend would have sued him for a million dollars for loss of work arising from the post accident trauma.
Just because justice takes ages (sometimes doesn't arrive) doesn't mean that the law doesn't ask to compensate.
Had my friend docked that guy with an FIR, his swanky qualis would have been immediately confiscated. He'd pay through his nose to get that back. Just showed how conniving and cheap that person has been.
Anyway, my friend had this presence of mind to take that guy over to the police station immediately after the accident, called her sister who is a lawyer and had a friendly chat. The doctor agreed to take care for the damages in front of the cops. You can't rear end someone waiting to cross a toll booth and go scot free.
So when the doc try to use his high handedness and frighten my friend, she has gone back to the same station and lodged the FIR now for a hit and run case.
She might not get the amount back. But sure the doctor will pay up the cops. I'm also asking my friend to record his calls and file a case for threatening with dire consequences. But she doesn't have time for the joker.
I've told her that Maharashtra police is good in docking such people. He'll make many a trips to the court sooner or later.
Now she doesn't want compensation from him, but has vowed to increase his agony by making him walk up and down in the court.
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Old 31st August 2010, 13:35   #55
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It all depends on how serious was damage to the auto?
If it was major, then he would definitely may resort to ways to find you.

Else he would let it go after a good night's sleep.
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Old 31st August 2010, 13:35   #56
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Had my friend docked that guy with an FIR, his swanky qualis would have been immediately confiscated. He'd pay through his nose to get that back.
Err...the vehicle is towed by police to the station only when the accident involved has killed some person. Otherwise the vehicle is not taken into custody. The Doc will've to be arrested & will be released upon bail from a lawyer.

PS - The cops themselves will arrange for a lawyer to bail you out; fate of this country

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Originally Posted by MX6
she has gone back to the same station and lodged the FIR now for a hit and run case
That's a fantastic move & that is how it should be lodged; its even serious than a simple damage.

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Originally Posted by MX6
He'll make many a trips to the court sooner or later
It may not happen; reason being that the court will pull up this case probably once a year or even less. So when there's a call to the Doc, there will be a call to the lady also. So both should appear in front of the court. That's an unnecessary headache.

Last edited by aargee : 31st August 2010 at 13:38.
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Old 31st August 2010, 13:45   #57
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Well, there lies the beauty aargee.
The doc will get summons. If he misses them he will be slapped with a non-bailable warrant. But my friend need not honour the summons. If she doesn't turn up, then they may quash the case. But the doc needs to go down as required by the law.
It happened to one member here who had a hit and run case put on him in Nagar road some years back. He had to run a couple of times from mumbai to nagar road, search for the people who were hit and run, couldn't find them or something like that, pay surety, pay the court etc.
My friend is determined to live in the court complex itself to teach this guy a lesson. It's not about money honey. It's all about the bad feeling of being cheated. Trust me, as an adult I hate to think of the days when grown up people showed me a lollipop and made me dance to their tunes!
Hell hath seen no fury - and you can complete the rest.
My friend is very clear that the doc will escape through plethora of loop holes. But she is going to make life miserable for him by dragging him to court as many times as possible.


And when I meant the doc agreed to pay, I meant he agreed to pay cash so that no FIR is lodged. He didn't want legal hassles because of his status in society and things. I adviced my friend not to heed him and file an FIR and make him pay for the damages using his insurance third party claims. But he behaved so nice flashing his US education and things like that. He literally cajoled her in to dropping the FIR so that he's spared of legal hassles. He didn't mind his insurance paying, but then that doesn't happen without FIR. That's why my friend agreed. When he showed his true nature, my friend promptly went back to the station and lodged an FIR with the same cop with whom all these talks happened.

Last edited by MX6 : 31st August 2010 at 13:49.
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Old 31st August 2010, 13:57   #58
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If she doesn't turn up, then they may quash the case. But the doc needs to go down as required by the law.
Strongly agreed with you

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It happened to one member here who had a hit and run case put on him in Nagar road some years back.
Yes; I remember that incident; the concerned people filed the case & completely forgot about it. The cops then chased our member after an year or so.

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But she is going to make life miserable for him by dragging him to court as many times as possible.
Hmmm...guess she has lots of time & patience

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I adviced my friend not to heed him and file an FIR and make him pay for the damages using his insurance third party claims.
Good advice, but, trust me, the patience has to kept for long enough. But like you said, the fun lies when the Doc has a conference in the forth coming week & the court case on the same day; the Doc has to attend the court session & forgo the conference; would be real fun. But the ultimate climax will be who runs out of patience are the losers; hope the doc runs out of patience.
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Old 31st August 2010, 14:39   #59
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Not just that aargee. She has already accumulated evidence against him. And the FIR effect is showing. He's raising the compensation amount and is offering to pay up. She is ignoring him completely. She doesn't want a penny off him now. She is determined to make him face what he didn't want to.
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Old 31st August 2010, 14:58   #60
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Quote:
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Not just that aargee. She has already accumulated evidence against him. And the FIR effect is showing. He's raising the compensation amount and is offering to pay up. She is ignoring him completely. She doesn't want a penny off him now. She is determined to make him face what he didn't want to.
LOL !! this is turning to be interesting. Please keep us updated on this case

I really appreciate the patience & determination of your friend to get that doc go through what he didnt want! Nice way to teach him a lesson. He shall never repeat this episode in life.
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