Guys Serious problem - Urgent suggestion on Accident Case

[herculesksp]

Maybe going a little OT. What is the defense against a false FIR?

I mean, this accident could have never happened. Maybe the two parties braked hard, stopped next to each other, shouted abuses and went on. The bike guy could have meanwhile noted down the car number, filed an FIR, and hence started off a real bad time for you.

Can a FIR be filed without any proof? How can the police just come and demand impounding the car and taking away the driver? Isn't there a chance to plead or ask the police to investigate the matter?

Originally Posted by aryashiv1

In the meanwhile I offered the lady to be taken to the near by hospital which they agree and I did so. Took her to the hospital, gave her Rs 3000/- and then left from there. There was nothing serious from the look of the things that happned.

Maybe if someone has the good heart to offer help, then they should take an undertaking from the injured that the matter is settled and neither side will press any charged. But then will such a thing be accepted in court?

Secondly, I don't think the public will take too kindly to asking such a statement. The bigger vehicle would be burnt and the driver beaten unless the driver offers to take the injured to the hospital.

What choices does one have?

Originally Posted by aryashiv1

Now today I get a summon from Police station saying that FIR is lodged there and they have my name address and car number.

Is the name and address mandatory for filing the FIR? But, nowadays, at least in Karnataka, one can enter a vehicle license plate number and get the owner's name and car details. So what protection does the innocent party have? For example, tomorrow, I can just note down the number of a car parked somewhere, look up the owner's details online, and file a Hit and Run FIR. Isn't there some safety or process around filing FIRs?

[MuraliR]

@aryashiv1, i would suggest that you request an advocate to accompany you - so that you do not utter any words which may cause trouble later.
Also, carry some "dough" to grease palms - just in case they want to detain you.

[raju2512]

A few things which don't make sense

1. The accident happened almost 10 months ago. What were the police doing for so long.

2. Will police from a distant place trace and visit a person after 10 months just based on complaint that there was minor injury.

3. Are you sure that the injured lady is fine now. Has she developed some serious complications after you left her.

4. Police may file an FIR but will not arrest the driver for minor accidents. Is the accident more serious than it appeared to you.

Get a good lawyer and go by his advice. Having friends in police will help if it is a scam.

[aryashiv1]

Thank you all guys. As of now the police who came from Nagar was sent back by said Police station after my freinds spoke to them. Have taken time till Monday. Today will be going to Police station and try to sort out with local police guys.

What I dont understand as also said by Raju:

1. how did they wake up after 10 months?
2. As per my eyes it was a minor injury. There was nothing very serious. This I say because I was with that lady for half an hour. Also the bike on which they were travelling was not affected much. The guy did not have any injury.
3.I dont know if the lady developed any complications after I left. I dont think so, because the Police guy who came yesterday did not mention anything of that sort. he just said " Apki Gaadi Ka accident hua tha..driver aur Gadi ko leke jaane ka Hai" nothing more that this. If there was something wrong wtih the lady, he would mentioned that.
4. I am trying to sort out this matter at local police station only.
My only concern is that FIR is logded (if it is) somewhere in Nagar and I dont want to go there at any cost.
Fingers crossed..will keep you guys updated.

[issigonis]

A few questions :

1. Why has an FIR come out now, nearly a year after the so called incident?
2. Why did you pay money to this couple since you had not hit them at all?

I think one should carry the injured with good grace if one has hit them, everytime; from your experience it seems that one should be wary of helping out when one is not the guilty party.

You should get a good lawyer.

Regards

[hondadude]

Aryashiv,

Please see the following thread. There are a lot of details there.

http://www.team-bhp.com/forum/street...l-enquiry.html (Please help regarding legal enquiry)

[prince_pervez]

^^ I was also going to suggest to you the same thread. You beat me to it. Hope Aryashiv you get out of this quickly and successfully.

EDIT: An idiot hit my wife on her way back from office. We nailed that guy and also lodged an FIR with the Police which directed us to launch an FIR with the traffic police. We have given our statement and the Police man said that if they come to counter FIR then they would give us a call. Hope nothing happens.

[aryashiv1]

I have gone thru this thread. But the point here is his car was never there at the time of whatever accident they claim to have happened. In my case it actually happened. Also there is no further update from Manish..what happend. Manish if u are there, please update.

Latest from my side here is..I am sending one of my known person (a ex inspector with mumbai police) to the said Police station tomorrrow to find out all the details. He is going there tomorrow. So may be my tomorrow evening or day after I will have an update. Basically I dont want to prolong the issue. If there is anything demand from the third party, I want to know that and what is that demand. If its compensation within limits and they agree for out of court settlement I am fine with that.

Hope for the best. By God's grace I have people around me in my office to look after these cops every now and then. And thier contacts are really helping me a lot.

Fingers still crossed however......

[esteem_lover]

Originally Posted by herculesksp

How can the police just come and demand impounding the car and taking away the driver?

I do not understand this either. Arresting someone is not done that way. Did they explain the seriousness of the issue ?

This can happen only if someone had actually died. Please check with the local police.

[apachelongbow]

Originally Posted by aryashiv1

I have gone thru this thread. But the point here is his car was never there at the time of whatever accident they claim to have happened. In my case it actually happened. Also there is no further update from Manish..what happend. Manish if u are there, please update.

Latest from my side here is..I am sending one of my known person (a ex inspector with mumbai police) to the said Police station tomorrrow to find out all the details. He is going there tomorrow. So may be my tomorrow evening or day after I will have an update. Basically I dont want to prolong the issue.

Who has the proof that you actually 'hit' that bike?

What if you have documented proof that on the date and time mentioned in the FIR you were in Mumbai and your car was undergoing repairs at a workshop here?

Looks like a new scam from these smaller towns. Target out of town cars and extort for money. By agreeing to pay the villagers you are playing right into their hands.

If there is no death afaik you cannot be arrested. A simple FIR is the maximum which could be registered that too for insurance purpose.

[aryashiv1]

There is no proof that I hit the bike. However as of now there is no proof I was in Mumbai. If required can try and get some proofs.

As per what I understand, the cop came with just a note to local police station saying that this person staying here has to be taken to said place along with his vehicle as he was involved in an accident on so and so date and your cooperation in this regard is requied. There was no FIR or summon to me.

[esteem_lover]

Don't overreact, take it slow. Find out what is the position before you start doing anything. Questions you can find solutions for ;

1. Why after 10 months ?
2. Who & when the fir was filed ?

[vkochar]

Since you took the Couple to the hospital, I suspect after you leaving the hospital - someone there must have told them to lodge an FIR against the car number and driver. It always happens this way. They would have done that and then went away.

Now our legal system of course happens to be so brilliant that it takes 10 months for you to receive a summon.

FEAR NOT - the summon is just another call from a local police station to tell you to come to them or come to the court and fight about it.

The ex-cop you say that is going to find out is a good idea - at least find out what the FIR is about. Maybe it is reckless driving, or hit & run. The hospital would have to give a medical report and only then can a FIR be lodged.

My Example - 10 Years back we had a factory which made shoes. Now we used to send goods through transport from Agra to Mumbai Port via Road. Every week a truck would leave. One fine day a truck met with an accident. Now these trucks have nothing to do with us ( they are private transporters ).

About 4 years later - we received a summon in our firm's name saying there was an accident and I think someone was killed as well - We simply ignored the summon not wanting to fall in this useless trap. When a police man came later we narrated the story as it was and he went away with the narration on paper. 6 years now - NOTHING !!

So do not worry - it's probably nothing. Just consult a lawyer in worst case scenario and get an extended date. In any case worst case scenario is always when somone is killed.

[aryashiv1]

Right VK, that is why I am sending the ex-cop to find out exact details as to when how and why this has come up now. Also the cop who had come, went back without much of pressure from his side after he was told to do so by local cops. Infact I have given some amount to this ex cop to settle and close the case if possible there and then. No further headaches.

[MX6]

It does seem like a fleecing excercise. I agree to what Sree70 says. Accidents happen. You did good at the spot and some moron is probably trying to extract more off you. Consult a good lawyer. Last month a drunk guy fell in front of my friend's bike when he was turning. Nothing serious, but this was noticed by a cop and quickly he moved in and seized the bike. Friend's brother tried bribing his way out, but the cop wanted more I guess, so he seized the bike and made him run up and down. Friend with known people managed to get things sorted out after paying a bomb so that FIR can be avoided. What can we do when the law keepers are more corrupt than the criminals themselves?