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Old 26th February 2014, 22:03   #61
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Default Re: Post Accident - Police, Person and Law

A gold colour Chevrolet Cruze hit my car in at a t-junction in Indiranagar which does not have any traffic signal. The old gentlemen just ran away in spite of me asking him to stop.

My driver's side rear door, quarter panel and bumper are badly dented and scratched.

I wrote down the number, but I have got some of the digits wrong (KA 03 B 6439)

Guys, can you please advice what options do I have?

How can I trace this offending car?

I am sure there is CCTV footage of that route.

Last edited by bharatbs : 26th February 2014 at 22:06.
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Old 10th March 2014, 09:12   #62
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Default Re: Post Accident - Police, Person and Law

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Originally Posted by jeepster_chd View Post
They said the hiring of the police personnel is done by some other department (may be by the DC, I do not remember exactly) not by the police itself and so even after their repeated requests for more police power no one answered their call for action. The concerned department reverted saying when public doesn’t asks for more police personnel why are they themselves are so much concerned. The ASI told me that as my concern has been raised at a high level, they will be sending the documents signed by me to the concerned department (DC) and have the police personnel deployed at the traffic junctions I had asked for.

Recently, they offered me to join them as voluntary Traffic Marshal to which I haven’t given a though yet.

Just my two cents.
Thanks for sharing. From the very little knowledge that I have, DC is not a department. It probably means Divisional Commissioner, which if I am not mistaken is either Magistrate or his/her boss. I could be completely wrong though, as I said, little knowledge.

What exactly is a "voluntary Traffic Marshal"? Sounds interesting...

Quote:
Originally Posted by bharatbs View Post
A gold colour Chevrolet Cruze hit my car in at a t-junction in Indiranagar which does not have any traffic signal. The old gentlemen just ran away in spite of me asking him to stop.
...
Guys, can you please advice what options do I have?
I don't think there's much you can do. Just get it repaired yourself, because with the number of accidents happening daily, I think that is the only reasonable option. Others might give you a different and better advice though.

Last edited by N.A.GTC : 10th March 2014 at 09:13.
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Old 10th March 2014, 15:07   #63
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Default Re: Post Accident - Police, Person and Law

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Originally Posted by N.A.GTC View Post
What exactly is a "voluntary Traffic Marshal"? Sounds interesting...
Many state police departments run this "Traffic Marshal" scheme where anyone can voluntarily become a traffic marshal and assist their city police during the enforcement drives of the traffic police.

You can get more information here

http://www.chandigarhtrafficpolice.o...hall_schem.php
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Old 18th March 2014, 17:08   #64
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Default Re: Post Accident - Police, Person and Law

I have landed up in a bit of problem and need advice. A friend was driving my car which is registered on my wife's name. He was not at a high speed when he hit a speeding Toyota Innova sidewise on a T-junction. The impact to my car was significant and also caused some damage to the innova cab. As always, few cab drivers quickly ganged up around the spot and starting demanding money - about 20k to cover the damage. Since we had a wedding ceremony to attend nearby, we tried to quickly sort the matter out by involving a few locals. We agreed to pay 8k to the cab driver for the damages to his car which was owned by the transport company. My damage would anyways be covered by the insurance. Now -

1. Since it is a bumper to bumper cover, I expect insurance company to cover the whole cost. Could there be a show stopper?
2. The estimate service center is about 50k. The insurance surveyor asked me to file an FIR, which I am not interested in. Can this be imposed to the insurance customer?
3. Can the cab driver (or his transport company) still go and file FIR or complaint? Its been 2 weeks since the incident occurred. I do have a few local friends as witness to the payment and agreement.

What should be a standard best practice approach in these scenarios? Did I do right thing by paying up the driver?

Last edited by pahwa : 18th March 2014 at 17:10.
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Old 18th March 2014, 17:28   #65
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Default Re: Post Accident - Police, Person and Law

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Originally Posted by pahwa View Post

1. Since it is a bumper to bumper cover, I expect insurance company to cover the whole cost. Could there be a show stopper?
2. The estimate service center is about 50k. The insurance surveyor asked me to file an FIR, which I am not interested in. Can this be imposed to the insurance customer?
3. Can the cab driver (or his transport company) still go and file FIR or complaint? Its been 2 weeks since the incident occurred. I do have a few local friends as witness to the payment and agreement.

What should be a standard best practice approach in these scenarios? Did I do right thing by paying up the driver?
Find my answers to your queries sequentially.
1. If you have a valid insurance, you shouldn't worry much. Bumper - Bumper is an ADD-ON package in your insurance policy for which you are paying an additional premium. YOU CAN CLAIM without hassles.

I have claimed the same on my i20 so had nothing much to worry about.

2. To Claim for INSURANCE, an FIR is a must for any insurance company. You go to your area limits PS (Traffic) and file an FIR mentioning you met with an accident and want an acknowledgement of an FIR to file for an insurance.

You need to take an acknowledgement with the PS seal and signature of an officer on duty.

Produce this acknowledgement to your surveyor (have a xerox copy of the same with you). Rest of the formalities are undertaken by the insurance company.

NOTE: You either should file a complaint at a PS where the accident as occured or file a complaint at your area limits mentioning accident occured near by your home (this reduces in your travel time to different area PS). The former is the best option I would say.

3. He can. But you shouldn't worry about it. Even if he files, the PS office on duty where the FIR is filed summons you to give your response to the filed FIR. Worst case, you will have to go to court and pay INR.2000/- and rest is done. I would suggest you not to worry on point 3 at this juncture. Proceed with 1 & 2 immediately
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Old 28th April 2014, 11:40   #66
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Default Accident caused by Govt, Army, Police vehicles - Required legal action?

Folks,

Is there any legal action that we can take when any of the following vehicles cause any damage to our beloved cars?

(I) Government
(II) Army - when then ply on civil roads.
(III) Police

I agree its a waste of time arguing with them, but apart from that is there any strong point which will cause them take a back-foot?

I know we have spoken loads of road rage being exhibited by (I) and (III) in this forum, but I would like to understand which is the legal way by which they can be brought to book if the fault is completely on their side. I though discussing this here will help us all if we have to face this personally any time during our driving tenure.
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Old 28th April 2014, 12:01   #67
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Default Re: Accident caused by Govt, Army, Police vehicles - Required legal action?

The onus of proving that the damage done was caused by the offending organization is on you.
You will need to register an FIR at the nearest police station. Later use your legal team to serve notice on the basis of that FIR to the agency employing the operator.
Next register a case against the agency at local district court. After hearing, insist on a discovery , whereby you can prove that the operator driving the vehicle at time of accident was on official duty.
If you have proven that the person was on official duty, and that the fault was entirely the other driver's (thru your FIR) - then you can register a separate case for claiming consequential damanges.
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Old 28th April 2014, 12:21   #68
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Default Re: Accident caused by Govt, Army, Police vehicles - Required legal action?

It is an exercise in futility IMHO. AFAIK my brother's college friend (or acquaintance) died in such an accident with an army truck almost 12 years ago (Pune). I don't have any detail on me now, but I recall that, in spite of some partial accounts from bystanders, the case didn't go anywhere. There wasn't any compensation from the army though there were some internal disciplining which happened.

Of course, our data point could be an aberration, but that's how it turned out in that case. The family had modest means and no access to any crack team of lawyers either.
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Old 28th April 2014, 12:43   #69
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Default Re: Accident caused by Govt, Army, Police vehicles - Required legal action?

Quote:
Originally Posted by gabrielthomas View Post
Is there any legal action that we can take when any of the following vehicles cause any damage to our beloved cars?
If you are talking about claiming financial compensation directly from the other party, then its a strict No-No. Here's where your insurance comes into picture.

If you wanna get justice under the law, I guess all you can do is make him pay a fine of Rs. 500/-. Here's a table that lists the penalties under the MV Act. Unless there's loss of life or other severe causes you cannot invoke the IPC I guess. Am not into legal stuff. I may be wrong too.

Post Accident - Police, Person and Law-capture.png

Here's an account of what a BHPian had to go thru (My Ford Figo rammed from behind by a police jeep!)

Post Accident - Police, Person and Law-img150.jpg
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Old 28th April 2014, 17:22   #70
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Default Re: Accident caused by Govt, Army, Police vehicles - Required legal action?

Thank you WarwithWheels for this useful information. I was actually trying to find out a way to put the wrong-doer on back-foot. For example if a Govt. Bus driver rams your car from behind and says "Go and do whatever you want" when you confront him. Is there a way of fixing him that will at least make him respond properly?
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Old 28th April 2014, 17:56   #71
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Default Re: Accident caused by Govt, Army, Police vehicles - Required legal action?

I think that this is ridiculous.
In fact the same happened to one of my friends last year during the rainy season. A cop jeep banged into his Dzire from the back. When he questioned them, they said , we could not see, why did you park your car here..this should be a lesson for you to not park anywhere you want.....that's it!! nothing else and they drove away!
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Old 28th April 2014, 18:23   #72
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Default Re: Accident caused by Govt, Army, Police vehicles - Required legal action?

Dear all, The question raised here is legitimate but there is not much that can be done in order claim damage from a govt. vehicle or police/army vehicle. The affected party will never get a reasonable reply from the defaulter and even if the probing shall take place there shall be no relief for the party at loss majorly because the govt/police/army vehicles all have the "right" to drive as per their comfort and need.

I want to know from you all that apart from the above mentioned vehicles, What will your reaction be if an Ambulance bangs your car ? I know for a fact that it is impossible to question such vehicles and the traffic penalties do not apply on such vehicles forget the expectation of a damage claim.

In Delhi, I travel on a VIP route of central Delhi daily and often see near misses and wrong driving involving the mentioned category of vehicles but what's the solution ? Practically nothing; as no one is ready to reason. But I surely agree that these vehicles are driven with least concern for the other drivers and add to the misery of rising traffic.

Thanks

AD
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Old 19th May 2014, 17:20   #73
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Default Re: Post Accident - Police, Person and Law

I don't think the situation is as bad, though what ad3952n has mentioned seems to be the norm and practice of life.

Earlier the government vehicles used to have sovereign immunity, but it was not extended to Motor Vehicles Act. There were few litigations related to these, and Delhi High Court and Hon.Supreme Court heard several cases and did the right thing.

So essentially, however impractical and difficult, justice is available. Below is verbatim text from a publication by Delhi Judicial Academy - MACR Book.

"Even though the law with respect to sovereign immunity is well-settled, namely, that the Government is liable to pay compensation in respect of injury/death caused by a Government vehicle on duty, the Union of India filed an appeal before Delhi High Court raising t he plea of sovereign immunity. Notice was issued in the case to the Attorney General to consider the implication of the Government raising such a plea despite well-settled law. As a result,the Government reconsidered the matter and issued an Office Memorandum dated 30th June, 2010 to all the State Governments and Administrators of all the Union Territories stating that the defense of sovereign immunity should not be pleaded by any Department of the Government in cases claiming compensation arising out motor accidents involving use of the Government vehicle on official duty. This has put an end to the litigation across the country involving plea of sovereign immunity.

The Hon'ble Supreme Court and Delhi High Court have given valuable suggestions to the Government for amendment of the law relating to motor accident claim cases. on14September,2009,Ministry of Road Transport and Highways, Government of India constituted an Expert Committee to review the Motor Vehicles Act, 1988 in a comprehensive manner, study the corresponding law in leading Asian countries, and make appropriate recommendations for the amendment in the Act. The expert committee appointed by Ministry of Road Transport and Highways has submitted its report dated 31st January, 2011 to the government in which it has recommended that a separate Act be enacted with respect to the motor accident claims compensation. The Committee has also recommended the adoption of the procedure for settlement of accident cases as laid down by the Hon'ble Supreme Court and the Delhi High Court. The Committee has also recommended the cashless treatment to the victims of the road accident during first 72 hours of the accident."
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Old 27th September 2014, 15:00   #74
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Default Re: Post Accident - Police, Person and Law

My Experience

Today morning, I was on the way to office around 11, had taken a detour for some personal work in Baner. After finishing work, took the service road to reach a highway. ( For folks in Pune this was near Sadanand Hotel and I was proceeding to Hinjewadi). Suddenly a bike comes from a side lane at high speed driven by a person with a pillion and hits my city in the front and falls down. On the road side there were number of rickshaws/pick up van. The pillion calls up police. Police who were doing some nakabandi came within a minute. The motorcycle was damaged ( bumper and head light broken due to impact). My car's front bumper got a major damage. The bike rider had a shoulder injury due to impact was in pain. Huge crowd gathered as usual put police drove them away. Took away my license and asked me to park the car near the place where so called nakabandi was going on. After parking my car, the policeman comes and ask, kya karna hai. I replied aap batao. He said give 10K, take care of bike repair and hospital expense of the injured guy. I clearly said cant give so much. He went and talked to lady PSI who was with him, comes back and says 7k.( 5k for PSI , 2K for him) + bike repair and medical expense. Meanwhile I called a guy who is my kids school van driver as he stays near and connected politically. While I was talking to him police comes and says switch of the phone. The other option given by police is come to police station, have an FIR registered and fight the case.

Soon, the guy I called came with another local guy, who threw some names with the police. He said he will talk to police and the injure guy. It was agreed that me and the bike guy will write an application, where we will mention it was my mistake and we settle the case mutually. Since I didnt have cash, police guy even told me which bank's ATM is nearest.
Till the time I got cash, my acquaintance negotiated further and deal was settled for 5k to police and 3K for bike repair and hospital expenses

After paying 8K, signing on the letter, retrieving my license ( even then police started saying they have returned my license) left the place. Time spent in all this approx 1.5 hrs.

Later while discussing with my acquaintance, he mentioned had we gone to police station police would have asked me to stay whole day and may be come back again on Monday and then the court trips and doctors knowing it an accident case would have asked for all sort of medical tests on the guy.

The guy who was injured worked as valet driver. Looking at him and his bike was not even sure if he had a driving license.

I subsequently took the car to Honda service station. Estimate for repair 10K :(
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Old 28th September 2014, 14:13   #75
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Default Re: Post Accident - Police, Person and Law

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Dear Colleagues
Accidents happen in India and this Thread is to educate Novices like me to what happens next. Felt this was critical as most of us are not used to Victim's Relatives + Police + Law each demanding money and where we stand legally
....

This is real story folks and for those gentle giants like me ( i am 6 feet 1 inch weighting a ton ) ALL IS WELL

Trust this will give you courage and guide you in similar situations
We often visit Team-BHP for exchanging the brighter sides of our driving experiences. Nevertheless, there is no denying that it also has a darker side. We should all be aware of the situations that you have aptly described. Thank you very much sharing your pains so that some of us could learn from it and be better prepared for such an eventuality.
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