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Old 2nd September 2008, 23:17   #1
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Default Need some expert opinion in accident case

I had a car accident 3 yrs ago. During night time 11:30 pm, one un-registred two-wheeler (who was trying to negotiate with another vehicle) hit my car near the right-side fender. Bike skidded for a short distance before colliding with my vehicle. Two persons were injured, so I called police for help and took them to the hospital. Police took them inside for first aid treatment. Next day they filed a case against me under section 279 and 338 for rash-negligent driving and causing grievous hurt. I had already informed the insurance and my car was taken for RTO inspection. After RTO inspection my car was repaired (cashless facility). Police investigated and put the blame on my driving. I paid a fine of Rs 500/- and the case was closed. I forwarded all the documents to insurance as per their suggestion.

Exactly one year ago, I got a call from insurance company regarding third-party claim. They did some investigations in Nov-Dec 2007 and found that the two wheeler rider did not have valid driving license at the time of accident. Also two-wheeler was owned by someone else and it was used without registration. Insurance company appointed a lawyer. Insurance company lawyer filed objections in the MACT stating that the accident was solely due to the fault of unlicensed two-wheeler rider and also impleaded owner and insurer of two-wheeler. These objections are in the form of individual written-statements signed by me and insurance company.

In the written-statement filed by insurance company, they have mentioned that the car was insured with them at the time of accident.

Insurance company told me that their lawyer will fight the case till the end.

Do I need a separate lawyer to protect my interest as well as to ensure that i dont get into any trouble in future?

Last edited by ajmat : 3rd September 2008 at 07:22.
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Old 3rd September 2008, 01:30   #2
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I doubt you need to do anything here since the Insurance company is going after the people who should have been rightfully punished in the first place. Also, they were committing an offence by riding a scooter that was not registered & insured in the first place and also the rider did not have a valid driver's license. But in any case do get a legal opinion regarding the same from a competent lawyer.
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Old 3rd September 2008, 10:49   #3
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But won't the fact that he paid the fine under rash and negligent driving mess up the insurance's counter claim?
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Old 3rd September 2008, 12:01   #4
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One wrong doesn't make another right. The two wheeler riders committed a primary offence by riding an uninsured vehicle and without licence. Under law, it means that they weren't authorised to drive since they didn't know how to..

The police slapped a wrong case becasue it involved a car and a bike, where obviously the bike was the underdog. The police charging a fine is appealable in a court of law.

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But won't the fact that he paid the fine under rash and negligent driving mess up the insurance's counter claim?
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Old 3rd September 2008, 12:37   #5
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The fine of Rs 500/- was paid at Metropolitial Magistrate's office. It is accepting the charges made by police under section 279 and 338 as per the change-sheet prepared by state police.

I highlighted this to insurance company before they filed the objections in MACT. Insurance officer told me that this is how the criminal cases are closed most of the time and then they have to fight lengthy legal suit in MACT. He told me to cooperate with them and as per his instructions I signed Vakalatnama and written-statement. He also mentioned that if there is any award insurance company will pay to them directly, as my papers (DL, RC and policy) are in order.

He also gave me several examples where police, drivers collude with the victims to claim higher compensation and sometimes other accidents are converted to road accidents to claim compensation.
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Old 4th September 2008, 19:07   #6
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Consulted w/ senior lawyer. As per his opinion, this case will drag for a year or so. I need not bother about it. If I receive a summons, i may need to go to the court for deposition. He mentioned that criminal case and MACT are different, and in MACT claim court will evaluate the negligence separately.

Tomorrow I am going to meet insurance officer to ensure the same and also going to give him some of the photos i found.
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Old 4th September 2008, 20:44   #7
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Good that you consulted the lawer from your side. Better safe than never. If possible ask the S/lawyer what should be your next course of action and follow his instructions carefully. This would avoid any unnecessary incedents as the case progresses by. I wish you good luck in this case.
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Old 6th September 2008, 11:11   #8
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As per senior lawyer there is an advocate (insurance panel lawyer) on record, as i have signed vakalatnama to denfend as per instruction from insurance company. In such cases it is not advisable to have another lawyer. He also mentioned that the same lawyer is also appearing for isnurance company. So I should just cooperate with the insurance, as they have to satisfy the award (if any) as an insurer. Also insurance companies have good expertise in fighting these litigations.
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Old 9th September 2008, 17:51   #9
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Though i am late in replying I think you should consult your own advocate ( if you already haven't) to protect your own interests. The insurane company, I am sure would rather protect themselves than you.
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Old 16th September 2008, 20:08   #10
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Source: The Hindu ([COLOR=#003399]http://www.hinduonnet.com/2008/09/05/stories/2008090552500400.htm[/COLOR])
Kerala
-
Kozhikode
  

Tribunal dismisses claim by accident victim

Special Correspondent

Be vigilant against false claims, MACT tells insurance firms
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Old 7th November 2009, 18:59   #11
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Hi,

After recent enquiry, came to know that these third-party claims against my vehilcle has been dismissed... Those bikers could not produce evidence after suficient opportunities etc, and then judge dismissed their claim pititions in July '09. Got the certified copy of the order sheet.

It was all fabricated by police, so there were many Q's and inconsitancies in their statments and records. So I guess they did not produce those, else, there could have been a possibility of an another enquiry.
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Old 8th November 2009, 11:20   #12
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good to hear that it closed with wrong party getting nothing. good to see that Insurance companies are taking such steps to check the claims.
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Old 8th November 2009, 12:24   #13
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But what about culpability of the cops who did an improper investigation. A rider without licence and documents makes it prima facie their fault. I fail to understand how they got away in the court as well.
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Old 8th November 2009, 13:16   #14
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Quote:
Originally Posted by alpha_romeo View Post
Hi,

After recent enquiry, came to know that these third-party claims against my vehilcle has been dismissed... Those bikers could not produce evidence after suficient opportunities etc, and then judge dismissed their claim pititions in July '09. Got the certified copy of the order sheet.

It was all fabricated by police, so there were many Q's and inconsitancies in their statments and records. So I guess they did not produce those, else, there could have been a possibility of an another enquiry.
Send a copy of the final judgement along with the names of the police officers involved with a written application to the commissioner of police for the respective Police station, to highlight the Connivance of those officer along with the 2-wheeler owner to extract money wrongfully and corrupt methods.

Request the CoP to include this in their personal service files. This will ensure (if done) that this case will always come against any prospective promotions and they will always have to explain to the promotion commission for the same and will go against them.

let them face the music of their corrupt methods for life and example for other similar ones.
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Old 8th November 2009, 18:57   #15
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Good to know that the verdict was in your favor, as it should be.

I would highly recommend what Dadu suggested. These low life should suffer for their mis-use of power!
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