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Old 15th January 2016, 19:57   #16
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Default Re: Car accident involving pedestrian in Kozhikode, KL. Need advice

My personal experience in a similar situation is this, first of all don't admit that you are at fault. Apart from the fine there is a clause for imprisonment for a couple of months in the sections you have been charged with. It depends on the judge whether he let's you go just with the fine, so one can never be sure.

My wife was in a similar situation when a motorcycle rider without a valid licence banged into our swift and got severely injured. Unlike you, I had the presence of mind to click photographs of the scene. The same sequence of events with the person first saying that he wants to settle it amicably and then went on to lodge an FIR. To put it in a nutshell the next thing you will come to know that he has filed a case for compensation against you. In my case the compensation was settled for 1.3 lacs and the insurance company was liable to pay for it. As for the accident case, the moment this guy got the compensation, he sent feelers to us for a compromise. It has taken more than 2.5 years for the above to happen, but believe me all this boils down to is the compensation amount. Once that is sorted, he will not even bother about the accident case.
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Old 15th January 2016, 20:10   #17
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Default Re: Car accident involving pedestrian in Kozhikode, KL. Need advice

Sorry to hear of your travail. But appreciate you taking care of the kid. Best that you could have done is admit the kid, get the admit card etc and approach the local PS to file a case with the cops.

Since this isn't a criminal case, I don't think there will be problems with police verification etc.

Me and some friends have been in a similar situation when a tempo traveller jumped the divider on Mysore road, near Maddur and hit our Safari. It happened near the PS so cops came and got both vehicles to the PS yard. However, my friend dilly-dallied without filing a complaint first and guess what happened? Yes, the tempo driver went ahead and filed in the evening - saying we'd hit him!
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Old 15th January 2016, 20:16   #18
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Default Re: Car accident involving pedestrian in Kozhikode, KL. Need advice

The thread caught my special attention as I am born and brought up in Kozhikode. Its true that the bus drivers especially in Kerala drive dangerously. And they have these new horns which sounds like screaming. Kerala roads are mostly 2 lanes and this makes it even more dangerous. Governments have tried installing speed governors and as you have experienced its not working and it isnt the right solution of the menace.

Its such an unfortunate incident that has happened, but could have been worse.

As someone noted here, taking snaps at the incident site and not reporting at the police station has taken the case away from you. But then if I were you, would have done exactly what you did and have forgotten about these things.

Many have already assured here that these wont be affecting you negatively in your career or your business / holiday trips.I am sure that the experts in the area or law and order who are in T bhp can definitely help reassure it.
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Old 15th January 2016, 20:21   #19
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Default Re: Car accident involving pedestrian in Kozhikode, KL. Need advice

Quote:
Originally Posted by tanwaramit View Post
...good that it wasn't nasty by the crowd...
Thank you Amit, no reason why the mob should get nasty, they can apply logic and understand for themselves, but yes deep inside I was terrified as the kid lay motionless for a few seconds, I heaved a sigh of relief when he started blabbering.
Being a politically sensitive area I feared the worst the first few seconds, locked inside the car.

Quote:
Originally Posted by kochup View Post
If it is of any solace to you. My BIL was able to complete his migration process....
Thank you, That's comforting, what about during the case tenure, if I coordinate with my advocate, can I travel abroad while waiting for case dates, my advocate said he will manage the hearings if I notify him, I still carry doubts.

Quote:
Originally Posted by Altocumulus View Post
....are not considered during any back ground checks. Only criminal records. So donot worry ! However if I had been in your place, I would have fought the case and challenged...
Thank you, I hope its so, I asked my advocate whether I can in turn put a case on them, not because I want to bully them, far from it, but because I wasn't sure of the legal implications if I admit guilt, he said no need, I worry because I have zero experience, that this is regular stuff, he could be right.

Quote:
Originally Posted by iamahunter View Post
To be frank, you cannot prove your innocence till you have a proof or a witness.
.... get yourself a DASHCAM.
I really appreciate ....
Thank you, I don't think I could run away (my cousin scolded me for stopping, I don't think I had it in me to drive away) as the guilt would weigh me down, the other thing is I turned cold when the kid bounced of the car and lay on the ground. You cannot imagine though unhappy in gross terms, the moment the kid moved I had a flash of happiness and I was secretly hoping he would be safe, strange contrasting feelings.

Yes, I realized the importance of a DASH CAM, lifesaver in Brownian motion chaotic India, highly recommended, started research.

Quote:
Originally Posted by ajmat View Post
...They saw where you had the accident and it was obvious that you had not run off the road
Thank you Ajmat, statements, don't think so, I asked them point blank at the hospital, they outright said, at first they thought a heavy branch of the overhead tree fell which was quite common, which is how their attention was drawn, they explicitly stated they did not see the accident, people hate to be involved, its common across.
Even if they could support and state that when we put the boy in the car, my car was in the middle of the road, that should nullify this case, but I am not expecting and am leaving it to the advocate, will propose this and see though.

Quote:
Originally Posted by theexperthand View Post
... After that, he have got his passport changed to Bangalore address, done lot of foreign trips, passed three background verification checks. So, nothing to worry, mate.
--Anoop
Thank you Anoop, I bank on these safe experiences with hopes and prayers.

Quote:
Originally Posted by peterjim13 View Post
...which is your insurance ?
Thanks Peter, Its SBI general, covers most cars in family.

Quote:
Originally Posted by dipak1406 View Post
... 3. After some days they will release your car
Thanks Deepak, I got bail and also got the car inspected and released in a day (yes Kozhikode Police officers belong to a different country, a silver lining in what was otherwise a dark experience).

Quote:
Originally Posted by ontheroad View Post
....already updated your insurance company....
Thank you, I drove the car down to Goa in as is condition and dropped it for repairs here, I also got attested copies of the FIR (which crazily enough is in Malayalam, they should use a pan nation language for such cases) and RTO inspection report and submitted to my insurance.

Quote:
Originally Posted by batterylow View Post
Firstly, I am happy that the kid is safe and sound.
Thank you, say that again and again, I echo it.

For the kid to literally walk away with a fracture I must thank Skoda's pedestrian safety standards.
Quote:
Originally Posted by batterylow View Post
... but he was assured....
That is reassuring.

Thank you TBHP, Thank you Mods for putting this across, relieves me a bit.

Last edited by s_pphilip : 15th January 2016 at 20:42.
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Old 15th January 2016, 21:18   #20
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Default Re: Car accident involving pedestrian in Kozhikode, KL. Need advice

Thank god nothing major happened! Just out of curiosity, what happens if a victim succumbs to the injuries after the accident?
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Old 15th January 2016, 21:19   #21
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Default Re: Car accident involving pedestrian in Kozhikode, KL. Need advice

Talking from first hand experience, don't worry too much. The police will have to take your statement eventually, for their case report, and it doesn't matter too much even if both your statements are totally different.

What will happen on the the final day (the day of your court case) is you will have to plead guilty of rash & negligent driving and pay up a princely amount of Rs.1000 as fine in the court. The entire matter will give you a lot of stress and headache due to the corruption in the constabulary, but keep calm, it will all pan out eventually.

Do go through my experience from a few years back. Maybe it will be of some help.

http://www.xbhp.com/talkies/general-...tml#post396621
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Old 15th January 2016, 21:34   #22
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Default Re: Car accident involving pedestrian in Kozhikode, KL. Need advice

Quote:
I don't mind going ahead and admitting guilt (though not my fault), but it should not affect any of my future prospects (employment background verification or passport or travel abroad), what are the implications.
Its not a criminal offence. No employee cares about accident cases. Even if you were drunk and the kid died no company will do that BG check.

Secondly i have gone through this in a situation, paid fine and i am now in the US.

The last of your worries is how it will affect your BG check, moving to new company or anything.

So relax and you can even contest your case on court and drag this. Common Salman Killed a person in drunk state and is enjoying absolutely freedom.

What you have to learn from this incident is getting that Car DVR. This is where the CAR dvr would have made things absolutely easy for you atleast on the lies of the father.
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Old 15th January 2016, 22:47   #23
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Default Re: Car accident involving pedestrian in Kozhikode, KL. Need advice

Quote:
Originally Posted by damanshaheed View Post
... first of all don't admit that you are at fault ...
...It has taken more than 2.5 years for the above to happen ...
Thanks, well that's the first time I hear it, everyone including my advocate advised to admit it, I am keen on getting done with this asap, if I contest there is a possibility it may drag endlessly, that concerns me as I have foreign travels lined up, I don't know how this will affect me here.

Quote:
Originally Posted by naveenroy View Post
....approach the local PS to file a case with the cops.
Thanks, I know now I should have done it, I didn't then, I was trying to hide from reality I guess, hoping something magical works in my favor, also fact is I wanted this issue to be settled that evening through reasonable negotiations hence did not pursue the police approach (reflects lack of experience in these situations, this thread can turn valuable for millions like me).

Quote:
Originally Posted by rejoycjohn View Post
...taking snaps at the incident site and not reporting at the police station has taken the case away from you...
Thanks, I don't know those few minutes how I was standing on my two feet, let alone have presence of mind.
The difference is a life involved, in many related situations where property is damaged I have swiftly recorded incidents and taken prompt photographs, but the kid lying on the road drained me weak.

Quote:
Originally Posted by Ameya_G View Post
Thank god nothing major happened!...
The experts here will answer.
Thanks, Yes Thank God and Thank Fabia for pedestrian safety (maybe I am just over grateful to everything including my car in these challenging times).

Quote:
Originally Posted by antz.bin View Post
The police will have to take your statement eventually, for their case report, ...
Thank you, the police did not even bother asking me my version of the incident, now that the FIR is filed at what stage do they ask and investigate.

Quote:
Originally Posted by VW2010 View Post
Secondly i have gone through this in a situation, paid fine and i am now in the US.
Thank you, India is slowly getting centralized (cyber age) with data and there could be third party agencies that maintain them, so the difference is back then, now and in future, hope these cases remain petty.

Quote:
Originally Posted by mxh View Post
Also check if you can counter-sue the father for such serious fraudulent claims?
Thank you, my advocate brushed me off when I said this, I shall take a parallel opinion.

Last edited by s_pphilip : 15th January 2016 at 22:50.
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Old 16th January 2016, 01:39   #24
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Default Re: Car accident involving pedestrian in Kozhikode, KL. Need advice

Similar situation few months ago. A lady riding a scooty hit the back bumper of my car, which I presume she thought she could avoid, only to realize the proximity at the last moment.
Good nature made me take her to a nearby hospital. Did not file a complaint immediately (same as you). Went to the station in the evening only to see a case was already made out against me.
We filed a counter-complaint though. Those people thought they could extort us for some money, yet they tried to back off when they realized we were not budging. Fortunately or unfortunately, FIRs are filed on the computer today, and it is not possible to withdraw the case they made out.
Still awaiting summons. Makes my blood boil, it does. Do something for the sake of humanity only to get bit in the ass.
And yes, do install a dashcam. Though it would not helped in my case (impact at the rear), I can imagine plenty situations where it can be of great help.
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Old 16th January 2016, 01:49   #25
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Default Re: Car accident involving pedestrian in Kozhikode, KL. Need advice

Firstly sorry to hear about the unfortunate incident. Lucky the boy was not seriously injured. Which brings me to my question. You mention considerable damage to the vehicle including a shattered windscreen whereas the boy only sustained a broken ankle and a few abrasions. I'm curious as to how there was so much damage to the vehicle and at places where there could not have been any direct impact. Did the vehicle hit some other object after hitting the boy?
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Old 16th January 2016, 03:35   #26
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Default Re: Car accident involving pedestrian in Kozhikode, KL. Need advice

Quote:
Originally Posted by jd10ent View Post
.... Did the vehicle hit some other object after hitting the boy?
As I mentioned I did not brake until after I hit the boy (I noticed him in my peripheral vision when I was real close, it was head on though) and he was thrown off the car due to rapid deceleration after the hit (I stomped the brakes).

Since he was in full sprint he himself carried some pace along with the cars pace, got lifted off the bonnet, his elbow or shoulder must have banged against the windshield which cracked exactly in the center, his ankle may have got twisted in the bottom center grille (just assuming as that portion dislodged and cracked).

He did not bleed on impact but suffered only a broken ankle, whatever minor bruises he had was because he was thrown off the car and brushed against the abrasive road surface (maybe if I had gradually slowed down to a stop he would not be thrown off).

Luckily he did not get dragged under the car or go below the car, I must thank the Fabia for lifting him in air, I guess the fact that he himself was sprinting must have helped.

The other thought that sent shivers was what if it was a bus instead of my car, it would be fatal.

Damage to the car, quite possible because safety tests are done at about 60 kmph and the car turns into an unbelievable total wreck, watch test videos.

Last edited by s_pphilip : 16th January 2016 at 03:44.
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Old 16th January 2016, 04:48   #27
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Default Re: Car accident involving pedestrian in Kozhikode, KL. Need advice

My sympathies with you.

Those who have been in accidents, like me, can relate to your thoughts just after the accident. We usually may not have the presence of mind to take photos at that time, as most people would be worried about the child and ensuring that pedestrians / everyone else is ok.

I have since installed a dash cam and it has helped immensely as I don't need to worry as much about collecting evidence. If there was dash cam evidence in this case, the child's father may not have given a false statement as he would then be answerable for the consequences.

Though I am not a legal expert, I feel you should make a honest statement on what happened. Can the other parties claim hold up to questioning? If they are claiming you hit the kid at a bus stop, the damage on your car may show that was not the case. E.g. there are other objects, poles, walls near the bus stop that you would have hit? If it is your statement against their statement, eventually the decision of who is at fault would have to be based on the questioning (not sure if kid gets questioned) and evidence (car damage, injuries).
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Old 16th January 2016, 07:56   #28
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Default Re: Car accident involving pedestrian in Kozhikode, KL. Need advice

Quote:
Originally Posted by s_pphilip View Post

Thank you, That's comforting, what about during the case tenure, if I coordinate with my advocate, can I travel abroad while waiting for case dates, my advocate said he will manage the hearings if I notify him, I still carry doubts.
I really do not remember the case tenure but it was less than 6 months at max, the guy put a case on us after 4 - 6 weeks and we had the first hearing within a month where my BIL tried to defend himself. The second hearing was scheduled and closed in the next 4 - 6 weeks.

Though the experts can comment, i think your advocate should be able to manage the hearings as i think both parties have the option of not appearing in court /postponing the hearing by upto 3 times/side but this means that the case will just drag on.

Quick question to all on the utility of a dashcam in such cases -
a) Is it admissible in court as evidence (or) the Police takes a look at it and does not file a FIR against you.
b) Will it be used as a deterrent to the other party to not file a false complaint.
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Old 16th January 2016, 09:12   #29
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Default Re: Car accident involving pedestrian in Kozhikode, KL. Need advice

Quote:
Originally Posted by s_pphilip View Post
Now, what I want to understand is, is there no voice for my side of the story, or is this how this has to proceed. I don't mind going ahead and admitting guilt (though not my fault), but it should not affect any of my future prospects (employment background verification or passport or travel abroad), what are the implications.

I look forward to legal and helpful advice from the experts here. Let me know how best I should approach this.
When filing a police case, people are advised to put in all sort of irrelevant claims and false instances in the case to make it strong.

A friend of mine was involved in an accident near Mysore when a mentally challenged girl ran in front of his bike without looking either ways. She later died in a hospital after a few days. Her mother was an eye witness

The case was registered and the case was dragged on for 8 months.
Ultimately he had two choice, plead guilty and pay fine or contest the case till it's closure. Luckily for him, after all these time, the victim's mother came forward to speak the truth and he was held not guilty by the court.

So I suggest you stick to your guns and let the case run.

Making claims is easy, but one also has to prove the claims presented in the case filed against you. The final verdict will depend on that.

Quote:
Quick question to all on the utility of a dashcam in such cases -
a) Is it admissible in court as evidence (or) the Police takes a look at it and does not file a FIR against you.
b) Will it be used as a deterrent to the other party to not file a false complaint.
I am not sure on the video being used for evidence. But at least it will convince the parties involved to not go overboard while registering cases and it will definitely be a deterrent to file a false complaint

Last edited by speedmiester : 16th January 2016 at 09:16.
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Old 16th January 2016, 12:06   #30
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Default Re: Car accident involving pedestrian in Kozhikode, KL. Need advice

Quote:
Originally Posted by dipak1406 View Post
This happened to me as well in Mumbai where the person was a Government Servant.
And here is Dipak's excellent thread on the incident - Link (Post Accident - Police, Person and Law).

Quote:
Originally Posted by Ameya_G View Post
Thank god nothing major happened! Just out of curiosity, what happens if a victim succumbs to the injuries after the accident?
A related thread (ARTICLE: Procedure to follow when you lose someone in a road accident.).
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