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Old 25th May 2009, 15:28   #1
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Default Bolero rear-ended by bike - ordeal ensues after that

It all started with decision to drive to native to finish off some errands of my grandparents.
Started at 8.45am - about 30mins to 40mins behind schedule. Still it was no hard limit to reach there(native) - so started rather peacefully. Got on to uttarhalli-kengeri main road which was some 4kms away from my home. On this main road, traffic is continous generally, few trying to speed a bit, but otherwise it is a peaceful route with no traffic signals. With grandparents aged 85 and 90, I was on slower style of driving, but keeping with traffic flow. Bolero was still warming up and rather rolling quite lazily.
After JSSATE (engg college), there was a huge roadhump. Had to shift to first to clear it - and further 10mts i spotted a herd of sheeps on roadside. One of them as I suspected moved onto the road and did not budge even after hearing twin redgrills. Saw a luggage auto approaching from other side and slowed down. Sheep was still on road so decided to halt. After a second or so, felt a little shake and heard some falling sound. Looked behind and realized I am rear-ended. Fuming, i got to down to check. Saw a two wheeler run into rear of my bolero - but was horrified to see the rider shaking frantically as if he had fits (no froth) while still on the bike. His pillion immediately pulled down the bike and was holding on to the rider - trying to cry for help. Traffic stopped and many people jumped around. One guy gave a spanner to this guy and other tried watering. Immedeitely behind the bike was a hospital pickup shuttle from which nurses and doctors rushed down. With calls made to ambulance etc, within seconds people picked up the rider and along with pillion boarded the hospital shuttle. Hospital (BGS) was less than 1/4 km away and rider/pillion were taken away. I moved my bolero to roadside and came back to inspect the scene.
Bike had it's key in its place - with locals parking it in roadside. I called 100 - call did not go thru. Tried 080-100, no luck. Meanwhile one of the locals got thru to 100 and heard a lady voice on other end. Gave full info of the incident, vehicle numbers (bolero and bike), my name, about victim taken to hospital etc., I was told traffic police will reach in 10 mins from kengeri station. Waited for about 25mins.No one turned up. Called up another friend to figure out phone number of station - which he got from internet. Called up that number - and thankfully someone answered. Spoke to another person there and gave all details again. I was told a traffic cop will reach the spot in 10mins. Again while waiting 2 of victim's friends reached the spot, saw the bike and told they will come back - and went away to hospital. Saw the cop approaching us on his bike and waved to him.
Again full description, details, etc to him, and showed him around. After he inspected, he suggested we go to hospital to check on victim status. Meanwhile, victim's friends came back. We all went to hospital with bolero and bikes. Went into hospital and checked, guy was in ICU. After waiting for a while there - we were told scan has not showed any internal damages, however nothing can be told till next 24 hrs. Okay we say, and I turn to the victim's friends. Cop there said we move vehicles to police station and leave them there. Friends of victims insisted we leave the matter there (I suspect that is because it was a Gujarat registered bike) - but cop did not budge. His explanation was that the matter was reported to control room and they have a memo to which they have to answer. I was okay with legal route as well. I got in and started driving to station. One of victim's friends rode the bike to station - left it there and returned to hospital. I went it to finish other required formalities - to which cop said they want to wait till victim's health stablilizes. But he indicated that me applying brakes suddenly has caused the issue and case will be registered against me.However, there is a memo that has reached the station with all details that I provided the control room - based on which case will be registered. I told him clearly I was okay with that as well.
Surprisingly, case was not registered, no acknowledgement - nothing. I returned home after that. Evening went around again and Senior cop was there. All he said was he has looked into the case, victim's parents were on the way from gujarat and he would wait for them. He cannot take friends statements or words - hence the wait. Alright - returned to hospital to check on status of the guy. His friends there told docs say he is stable, but will be under observation for 24 hrs. Nodded head and went back home.
Next day - no calls, no news from any. By 11 i call up victim's friend - and get the info that his parents are not there yet and doctor is expected to see the victim in next 1 hr after which he would call me back to update. OK - wait continues. By 2.30pm i again get impatient and call up the guy again. This time, victim's brother (as he claimed) answered the call and started blaming me for the happenings. I tried reasoning, well wouldn't work - his bro is in ICU. I let him have his say - and later ask him straight what he wants to do for legal proceedings. Cops want us both in station, does he want to go? I can offer him a ride - but no, his stand is till doctors clear his brother from ICU/hospital he is going no where. Fine, I say - then I am left with no option but to make my move to get my vehicle cleared. Reach station - senior cop is not there. Called him to which he said - you go home and relax, he would talk to victim's parents/bro and inform me as needed. OK - again I go home. After 15mins my phone rings - victim's friend again.. Now they are requesting me to meet them for a talk. I say "NO", when i followed up and called them they did not yeild, and within 15mins of reaching home again I had to go back - but they are requesting, stating parents reached only by 2 from gujrat etc.. OK - its not fair to expect them to meet after coming from far off, and in an unfamiliar town etc. I drive down to hospital again. After a quick call they come out to meet.
Victim's bro, father and friend are there - bro starts off, "aa gaadi chala rahe they?, aap ne brake kyoun lagaayi?" - wow, my uncle tells him immediately - there were brakes in vehicle, so applied - then i intervene and detail out stuff to them. His Dad is considerate and tells its called an accident 'coz it is an accident - nothing planned. But anyway, now that his son is in ICU, his mom is crying, etc etc... OKay, we listen to all that - finally he asks what we want to do. I told, its them who have to do something - i have done my part, and if they want to pull it off they should go ahead and meet police. if not, I am fine to take it up the legal route. Answer: They are also fine with out-of-court settlement and dont want legal hassle. well, i said in that case u go your way and I will go mine. But then comes the surprise - he demands 25k towards medical expenses to which i firmly told, i dont think there is a slightest of mistake in what i have done - and will not pay up. Its not because I cannot afford, but I owe nothing in this - instead I have undergone much pain and trouble and hence will not pay a single pie. My friend with me told them, if it were to be somebody else - would have driven away - and villagers around would have ensured the bike is vanished, and moreover the bolero is damaged even though not heavily. They hint us they will move the legal way (they talked to themselves in their language - i understood only "notice" and "papers")and say ok..
Cool - I walk back.. Today morning they were to meet the cops and I had office to handle. Senior Cop called me few mins back stating they have hinted they will register the case if I dont pay for medical expenses, and added that the last day we went to hospital and did shout at them there.. I had nothing much to say, except tell him my version of what happened. He came back with his instructions stating I shouldn't visit them not talk to them, after 3 days when the guy is fine I would be notified and I should go to station to discuss this while victim's parents also would be present.
Thats the status as of now.
Damages to vehicles:
Bolero: Bent rear number plate, broken number plate light, dent on bumper, body.

Bike: Broken mudguard, bent number plate, broken rear view mirror.

While we are at this I want to clarify few things:
1. Please don't bring up things about "greasing" involved (from either parties) - I am not going that route.
2. Yes, I have had few phone calls made - so, I am safe. My jeep (Bolero) is safe too..
3. Nothing happened to any of us in jeep. We didn't even feel the impact.

I am currently disgusted because I tried helping these guys to extent possible, moving him to hospital shuttle, guarding the bike till cops came around etc., And these guys are trying to harrass me to pay up for medical expense. Cops were bad first few hours of the incident - with all their attitudes and comments. Now I know why people dont stop when in an accident.

All I want to know from you all is -
1. Do we need to stop if some other vehicle rear-ends us?
2. Should I inform insurance company? I dont see why they should be - damage is minimal (one dent on body, one dented bumper). Number plate i was planning to remove anyway..
3. When should insurance company get involed?
4. Any medicos if you can give info on - what happened to the guy? Impact is not huge, when i got down and saw he was still on bike and not fallen down, there was blood in his mouth and on his head there was a scar on forehead. But did not look like his body has hit bolero, I am failing to understand what exactly would have happened.

With all these questions I am waiting for things to resolve - Just dont understand the sequence of happenings..Sorry for the rant, I am still disturbed by the whole thing and specifically attitude of victims parents/bro..
Attached Thumbnails
Bolero rear-ended by bike - ordeal ensues after that-bike.jpg  

Bolero rear-ended by bike - ordeal ensues after that-bolerorear.jpg  


Last edited by G-BoleroBoy : 25th May 2009 at 15:32. Reason: Photos added
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Old 25th May 2009, 15:38   #2
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I fully appreciate the way you have handled this.

About the other party. I have nothing nice to say.
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Old 25th May 2009, 15:45   #3
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Quote:
Originally Posted by G-BoleroBoy View Post
All I want to know from you all is -
1. Do we need to stop if some other vehicle rear-ends us?
2. Should I inform insurance company? I dont see why they should be - damage is minimal (one dent on body, one dented bumper). Number plate i was planning to remove anyway..
3. When should insurance company get involed?
4. Any medicos if you can give info on - what happened to the guy? Impact is not huge, when i got down and saw he was still on bike and not fallen down, there was blood in his mouth and on his head there was a scar on forehead. But did not look like his body has hit bolero, I am failing to understand what exactly would have happened.
While I applaud your decision to stop after the accident, I would say you did a mistake by following up the incident. A retired cop in Kerala, who is currently working as an "Accident Claims Consultant", told me, that you should not try to meet the victim or to go check his condition after the accident. The reason he said was - extortion. They would press you to pay up, and that could make matters worse for you.

Was the 'victim' wearing a Helmet at the time of accident?
The blood part could be since he fell from the bike, at a pretty good force. He could have been racing, and falling down after a sudden "stop" would be 'heavy'. In case he was not wearing a helmet, and the fact that he back-ended you, would be beneficial to you.

A good advocate can simply turn the case against the victim instead of you. The Indian Legal System considers the "bigger" vehicle at fault every time, and the Police would charge a case against you for "causing injury by dangerous driving". You can counter this claim in court through an advocate.
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Old 25th May 2009, 15:46   #4
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Sorry to hear about the whole thing.
No wonder people just clear the accident scene.

Last edited by Rough Square : 25th May 2009 at 15:48.
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Old 25th May 2009, 15:47   #5
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Relax G-BoleroBoy, what you have done is the right thing. Let the cops register the case, get your Bolero released, then claim insurance. Insurance is required due to third party claim, they would make the payment to all concerned parties, otherwise your insurance company would fight a legal battle with the other party if the claim is not satisfactory to them, your role ends as soon as you make the claim.

Above everything else, whats more important is humanity, showing that you care for another person who is injured due to your involvement. Hence what you have done by taking all the trouble would always be worthwhile.
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Old 25th May 2009, 15:59   #6
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Engage your insurance company. Get a claim number, FIR copy, disclose third party details, submit report to the insurance company. Tell third party to approach your insurer for compensation
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Old 25th May 2009, 16:19   #7
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What you did was commendable but unfortunately it landed you in quite a mess. This is one reason we shy away from doing what we should be doing morally. Rear ending is the mistake on part of the driver doing it. You are legally on solid ground. You can clear his medical bill if you feel so but after the treatment they ahve given you, I think you should not even bother. Has any case been registered as yet? If not get your vehicle back from the police station. They can take it whenever an FIR is lodged, otherwise you have your Jeep with you, no issues.
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Old 25th May 2009, 16:23   #8
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Quote:
Originally Posted by ajmat View Post
Engage your insurance company. Get a claim number, FIR copy, disclose third party details, submit report to the insurance company. Tell third party to approach your insurer for compensation

I agree with Ajmat here.

You did nothing wrong, perhaps he was speeding, perhaps he got a fit while riding the bike and hit straight onto you. Check if he has a license to drive and was wearing a helmet.

If a person rear ends, he is responsible for the cosequences, he should have kept distance, braked on time.
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Old 25th May 2009, 16:44   #9
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G-Boleroboy, you have managed the situation very well. The best one could have done. I have learnt from your post about how to manage such situations. Wish you all the best!

I would suggest, you seek some legal opinion from a friendly lawyer.

Take care,
Dushyant
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Old 25th May 2009, 16:58   #10
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I was part of two such experiences (as one of my close friend was involved) here in Bangalore city and the best option is always to ask the third-party to take legal course if they feel that we are at wrong and they were right.

In both these cases, my friend was right and we did manage to pay the minimal medical charges and get out of it. From the third-party, there were all kinds of drama to extract money to which we said that they need to file an FIR and approach our insurance company. Which they never did as they know that they were wrong and we did a favor by paying for their medical help.
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Old 25th May 2009, 16:59   #11
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G-Boleroboy, thats a good management of situation and considering the lives and belonging of others.
Donot Grease palms of anyone, and if needed, go and talk to senior comissioner of police stating facts, tell them how you helped this person with his life and bike and they are trying to take undue advantage of you. Get your vehicle back (not sure if you got it) and just prepare for the worst, if they get their senses right, you will be relaxed sooner, or else thoda later but for sure you are right and all of us including God is with you.
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Old 25th May 2009, 17:03   #12
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Boleroboy, appreciate the way you handel the situation, but it was bikers mistake since he dint maintain any distance from your vehicle and on that he was not wearing the helmet...

What scares me is a moron biker rams from behind, falls and you are blamed...

Have seen that all the 100and 125cc bikes are sad when it is about braking and stability though the people riding them try to pull of all kind of stunts on it!

Anyway hold on, i think its the only ordeal you need to worry about but am sure you will win the case if you fight it in court...

Other option would be to get it settled by the insurance as others have mentioned...
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Old 25th May 2009, 17:41   #13
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Thanks guys. Feel better if not best..
That guy was not wearing helmet. In fact, when I brought this up to his dad, he had the cheek to tell me internal roads don't warrant helmet usage.
@Lohit: You are right about these 100+cc bikes with pathetic brakes. But it is not just brakes that stop the vehicles, you need a head (brain) as well. I ride an RX135 myself - and luckily(!!??) haven't been in such situation (touchwood). But compare this to my 1.6 tonne jeep being able to stop and not this 100kg bike..
Thanks again all - I think I will also play this wait and watch game. let me see where it goes. My lawyer is on standby - And jeep is safely parked at home. Insurance guys are given needed info.
Hope this gets sorted out soon..
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Old 25th May 2009, 17:59   #14
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If the bike goes the legal way, he is in for trouble for breaking rules.No Helmet, A Gujrat Registered bike which obviously he did not come on a biking trip from Gujrat and is using in Bangalore and on top of that 'HE' rear ended you.

So relax, nothing to worry about, let them take any route they want, you are totally safe!

Dont go to meet them either, with this attitude of theirs its not worth being human!

And yes BRAVO for waiting and seeing it to it that the bike guy gets treatment!

And about about his dad telling 'internal roads dont warrant helmet'..tell him internal injuries dont warrant doctor too ! ::P
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Old 25th May 2009, 18:05   #15
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A few years back, 2 friends of mine were going on a bike (another friend's) on NH48. Out of nowhere, an old lady jumps on to the road. My friend, who was riding the bike tried hard to stop it but still ended up hitting the old lady. The old lady fell down and had a small cut on the forehead. They stopped the bike and took her to the hospital in an auto, got her treated, paid all the expenses (doctor, medicine etc) and also gave her a couple of hundred bucks. After dropping the lady to her home, they resumed their journey.

After a few days, police suddenly came to my other friend's home (the owner of the bike) and seized the bike. Upon asking why, the police replied that the old lady had given a complaint saying she was hit and run. After getting the other 2 friends who were party to the accident and running around police station, hospital (where the woman was treated) etc, finally we found out that the old woman belonged to a certain backward community and the youths of that community coaxed her to file a complaint so that they could fleece money. They were confident that their case would stand in the court since they were from a backward community.

Although the party to the accident did not want to file a case, other people around her influenced her to take the decision. it is another matter that my friend got back his bike later without paying anything.

As someone already said it here, this is the reason why nobody will stop in accident scenarios. You try to be a good samaritan and you will become the accused.
@boleroboy, it was a good thing you sent the guy to the hospital.

Quote:
Originally Posted by humyum View Post
And about about his dad telling 'internal roads dont warrant helmet'..tell him internal injuries dont warrant doctor too ! ::P
Well said!!!

Last edited by addyhemmige : 25th May 2009 at 18:09.
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