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Old 12th November 2009, 15:32   #76
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Thanks Dippy.

Yes the insurance company will take care of damages if any. Also the best part is after the complaint was filed by the concerend party on the day of the accident, they never bothered to come to cops to find out the status on thier complaint. So its cops who have taken the initiative. After this incident my advice to all you guys and same was told me also by some cops there:

1. Never run away from the accident site if possible. Go to the nearest police station and tell then the truth. I dont know how good this idea is because at that spur of moment your mind completely goes blank.

2. never pay any compensation on the spot. Once you go to Police station, then pay any compensation if required in front of the cops. This is the right procedure as was told to me.

3. Always take a lawyer with you when you are summoned to the police station for such cases on the first visit. Once the case goes to court, cops have no say then.
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Old 12th November 2009, 15:51   #77
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I feel that the cops pursued your case to make quick bucks, as it was easy to track you with your car's Reg No!
There are so many serious cases like murder, rape etc registered at the Police station, they don't care to investigate them except for few cases that are pressurised from the top or media.

The best thing for you was to contact the other party, do some settlement if required & ask them to withdraw the case!
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Old 12th November 2009, 17:25   #78
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@pramodkumar

Insurance is only for "accidents" caused by supposedly " no fault of yours". I doubt if they will pay 3rd party damages if you have pleaded guilty. I am not sure of this though.
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Old 12th November 2009, 17:46   #79
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Good to know that you are out of it.

I have also noticed revert from qualified lawyers here. Probably police perceived that FIR for some quick bucks even though opposite party was not inclined.

Just want to know , Can police also do it for NC? What all actions are expected in case of NC from police? How it is different from consignable FIR?

Last edited by idea1979 : 12th November 2009 at 17:49.
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Old 12th November 2009, 20:16   #80
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aryashiv1, I think the worst part of your ordeal thankfully is over.

Pleading guilty in court in the first hearing, and paying the fine should close the case. Since the police arranged for the lawyer and acted nice , they possibly got a cut of the fees you paid ?

Last edited by sdp1975 : 12th November 2009 at 20:21.
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Old 14th November 2009, 09:28   #81
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A friend of mine went through a similar experience. The police woke up after 4 years. He hired a lawyer to expedite the case and it took him around 10 months and 14 hearings to get acquitted.

@Jaggu: You have mentioned(plead guilty, pay fine & close the case).
Does it mean that the person will be convicted?
If yes, then will it affect passport/visa renewals as you need to specify this info on those forms?
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Old 14th November 2009, 11:42   #82
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Looks like this is very common in Maharashtra - areas in and around Pune. Also would like to know the surely amount for bail which I paid is refundable or non-refundable.
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Old 14th November 2009, 14:09   #83
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Quote:
Originally Posted by Hudson View Post
Does it mean that the person will be convicted?
If yes, then will it affect passport/visa renewals as you need to specify this info on those forms?
The punishment is usually a fine.

I think this would not affect passprot renewal - nowhere in the world does a conviction for a driving offence involve such further penalty.

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Originally Posted by aryashiv1 View Post
Looks like this is very common in Maharashtra - areas in and around Pune. Also would like to know the surely amount for bail which I paid is refundable or non-refundable.
It is. At the final hearing, irrespective of the outcome, remember to ask the court for a refund of the surety amoutn. You may need to file a separate petition.

Last edited by BaCkSeAtDrIVeR : 14th November 2009 at 14:11.
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Old 16th November 2009, 21:14   #84
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I don't think you need to even mention traffic offences in visa forms. Accidents don't amount to criminal cases unless it's a culpable homicide with ulterior motives.
Members, any gyan on this please?
May be we should ask the rich spoilt drunk drivers who mowed down and killed unfortunate people on platforms, whether they had any issues in visa. Compared to such travesties, what Aryashiv underwent is a simple case of accident due to negligence which didn't have any serious repercussions.
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Old 16th November 2009, 22:11   #85
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Default passports and accidents

hi
with regards to passports and accidents, yes courts can ask you to surrender the passport to police or court custody, only if the court feels that the accused might try to escape from the country. the sharp advocate on the opposite side in fact can move a application to seek custody of passport. this is a rare incident, normally not in practise. but only if the offfence is serious and court feels that there is merit in doing so.
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Old 20th February 2010, 08:10   #86
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Unhappy need urgent advice

any update on this?



Yesterday was a terrible day for me in last >10 yrs of driving. For the first time I became party to a traffic accident.

I was slowing down near the blinking signal under NH4 bypass flyover bridge near Dange chowk, to take a U-turn. Suddenly, two guys appeared out of no where on a kinetic from rt side, at a very high speed and applied brakes to avoid a possible collision with another car, approaching the junction from my left.

The scooter skidded and brushed my safari's bumper, near LHS fog lamp. Soon, I was gheraoed by local folks. Bigger car at fault :(. I was alone. Took the guys to a nearby pvt. hospital and got them attended. The guy driving had minor bruises and he was discharged immediatel. The pillion had a small cut and a fracture in bone (x-ray). Wound was stitiched and plastered etc. His folks arrived and insisted I pay the bills. Hence, I gave in and paid from my pocket. Kept all the hospital bills with me. Pillion with fracture will need more treatment- probably a small surgery to fix bone together. His folks agree to shift him to a govt hospital to reduce the treatment cost.

Most probably, the kinetic did not have valid papers and the guy does not have a DL. They may/may not pursue the case further (my feeling)

I am fine if these guys don't claim more from me. I will not invoke my insurance. The safari's bumper is hit - I can foot the bill myself.

In these circumstances, what should I do?

1. Forget this and do not report to police

2. File police complaint? I was so shocked I could not note kinetic's number :(. Accident happend at ~3pm yesterday, hence, I have time till 24hrs to report to police.

I am yet to talk to a lawyer friend. I want to avoid needless hassles for next couple of months due to family commitments.

-BJ

Quote:
Originally Posted by aryashiv1 View Post
1. Never run away from the accident site if possible. ...
2. never pay any compensation on the spot. ...
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Old 20th February 2010, 10:10   #87
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Just went through this thread & sharing my 2 cents of experience. 3 years back, a college bus was taking reverse on the main road (oh!!! this is common in Pondicherry where people walk in the middle of the road & bikers ride in the footpath) on broke my front bonnet. These guys came in for compromise & agreed to pay a sum of Rs 3000 & finally after paying, they had a statement written on A4 sheet with Re 1 or 5 (not sure) stamp paper affixed & asked me to sign. So when I read, the meaning it conveyed was the bus hit the car accidentally (didn't mention whose fault it was) & we compromise within ourselves for a sum of Rs 3000 paying towards the damages. So my learning from that day was, during or after any accident never to be panic (not sure how I'll react) whosever fault it is, take lot of time, think carefully & finally if compromised, get something like above.

Quote:
Originally Posted by MX6 View Post
It does seem like a fleecing excercise. I agree to what Sree70 says. Accidents happen.
MX6!!! couldn't believe you could say this. Fleeing is a very big offence. Never flee, instead, I would suggest to do something like a self confession in the police station.

Quote:
Originally Posted by Jaggu View Post
You just need to plead guilty at the first hearing and close the case by paying fine (under 2k)! Dont bother with negotiations etc etc not really worth it!
Very well said. This is true.

Quote:
Originally Posted by aryashiv1 View Post
I asked the guys how come after ten months all of a sudden you came up with this case and if the concerned party was pressurising. They said no. The complaint was files on the same day of accident and after that the lady who was injured never bothred to check. It was the cops who initiated the action as it was a pending file with them and they have to take the case further. Very interesting if its really true or just a way to make some easy money.
Very Very TRUE. A similar thing is going on with me, fortunately I'm not at the receiving end, but still I lose my sleep sometimes.

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Originally Posted by apachelongbow View Post
Lessons learnt: Always make the accident victim sign a no claims document once you have rendered medical help. Would prevent filing of FIR like these later!!!
Very very true; otherwise go to police station & make a self confession or state the truth, in your case the biker at fault. Request some advice on lawyer to throw some more light on this area.

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Originally Posted by prince_pervez View Post
Why can't I get a counter FIR (false) from Mumbai suggesting a narcotics raid. Would it work ? Why wouldn't it ? He will have to travel from BLR to MUM stations. I mean the thought of the distance and severeity of the case/summon would make the harasser wet his pants. Won't it ?
Is this possible ?
Well said & this is easier said than done; also case under narcotics is non bailable . Imagine the guy will be spending the rest of his life trying to prove his innocence. However, think the other side in Aryashiv's case, the lady completely forgot about the FIR, but the law did not. She might've given it in a moment of anger, but then she cooled off, but if Aryashiv does this narcotics drama, then imagine the innocent family running between poles & pillars. If the family commits suicide, you had it. Even if you escape from the law, you cannot escape from your conscience - kills your sleep everynight.

Quote:
Originally Posted by aryashiv1 View Post
Yes the insurance company will take care of damages if any. Also the best part is after the complaint was filed by the concerend party on the day of the accident, they never bothered to come to cops to find out the status on thier complaint. So its cops who have taken the initiative. After this incident my advice to all you guys and same was told me also by some cops there:

1. Never run away from the accident site if possible. Go to the nearest police station and tell then the truth. I dont know how good this idea is because at that spur of moment your mind completely goes blank.

2. never pay any compensation on the spot. Once you go to Police station, then pay any compensation if required in front of the cops. This is the right procedure as was told to me.

3. Always take a lawyer with you when you are summoned to the police station for such cases on the first visit. Once the case goes to court, cops have no say then.
Words to be marked in Gold. Very true.

Pls stop at the accident spot (unless you feel frightened if the mob would kill you), even if you decide to flee, I think you need to call a lawyer to come to rescue, go to police station immediately. That will be the best place to safe guard ONLY if you think the angry mob will hit you. Otherwise, pls continue doing what you did to that lady AND most importantly, file an FIR. Another incident that happened with my friend on Aug 5 2007 (remember the date since that was the day his second Son was born), not sure how, but he hit a cyclist & cause serious injury. Though the opponent party was ready for compromise, my friend insisted on self confession & FIR, so that the other party may not approach him over a time period for milking more money. So pls help the victims.


Quote:
Originally Posted by bj96 View Post
I am fine if these guys don't claim more from me. I will not invoke my insurance. The safari's bumper is hit - I can foot the bill myself.

In these circumstances, what should I do?

1. Forget this and do not report to police
2. File police complaint? I was so shocked I could not note kinetic's number :(. Accident happend at ~3pm yesterday, hence, I have time till 24hrs to report to police.

I am yet to talk to a lawyer friend. I want to avoid needless hassles for next couple of months due to family commitments.

-BJ
If you'd the Kinetic's number then that would be fantastic; anyway go to the police station to report this incident for sure 'cause you don't know if the other guy noted your number or will lodge an FIR; I would suggest to write the complaint as an incident but not as to state it as Kinetic's fault or so with an intention to arrest. I'm no expert here, so pls consult a lawyer & do it accordingly. Do all this provided you want to avoid the pains as Aryashiv underwent or else forget it, when it comes, let's face it.

Last edited by aargee : 20th February 2010 at 10:19.
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Old 20th February 2010, 13:49   #88
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Just went through the thread in one sitting. Two inputs from my side :

a) Mah Police (moffusil area) have some envy or simmering against Mumbai and its police. Dont know whether it is different working conditions. Long back when I started driving, for the first time had taken my M-800 to Karnala on the Goa Highway from Panvel. I had accidentally taken the right turn on the one way route from Goa side into the Mumbai-Pune road. We walked straight onto the lap of the Traffic police at the intersection. Pleaded guilty and requested for pardon etc. Then Mah Police guy says, will Mumbai police allow such mistakes without charging !! Was taken aback at this statement, though they left me off !!

b) Always take a written agreement from other party of no further issues, in case you arrive at mutual agreement regarding compensation. This helps as an insurance against a future change of mind by the affected party.

Last edited by emkay456 : 20th February 2010 at 13:57.
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Old 20th February 2010, 16:32   #89
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My mother had a hit and run case against her a decade ago, it was a minor brush, which lead to direct fall of the girl who was walking in fours on the main road. While going at about 40kmph, suddenly the headlights went off and this happened. Mom didnt brake even after she hit the girl's elbow, fleeing from the spot with double speed fearing mob violence, but to locate a Maruti 800 Japanese model in a small sleepy town is an easy adventure.

The victim's family lodged a complaint after 22 days, just to wait for my Mom's sorry. Mom's licence and car insurance had expired that time, it was very difficult for me to handle the cops after our fault was uncovered.

Later all this transformed into mere harassment, eventually the magistrate issued summons to that family, they dint turn up and the case went into dust bin.

We learnt a big lesson: One can live without food, but one cannot live peacefully without authenticated vehicle documents.
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Old 20th February 2010, 18:37   #90
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thanks guys for sharing your thoughts and experiences.

Quote:
Originally Posted by aargee View Post
... I would suggest to write the complaint as an incident but not as to state it as Kinetic's fault or so with an intention to arrest. ... or else forget it, when it comes, let's face it.
Quote:
Originally Posted by bj96 View Post
Most probably, the kinetic did not have valid papers and the guy does not have a DL. They may/may not pursue the case further (my feeling)
...

I went to police stn with an acquaintance. We found out following things:

1) Hospital didn't send any MLC (medico legal case) report to the PS.
2) No complaint has been lodged with PS so far. 24 hrs over?
3) Checked with hospital where I got them for treatment. They said the boy wanted release w/o any MLC and shifted to a govt hospital and he was released against a DAMA (discharge against medical advice).

Basis above, policemen suggested that no need to put any report/pursue the matter from my side as I did not want any compensation/3rd party damage.

My suspicion seems true. These guys are from a different state (name and appearance) and work as adhoc cooks in some catering agency and were running errand w/o DL + legitimate scooter paper. They do not want to create hassles for themselves in new city + didn't look like the "type" who would exploit (and fleece) the situation. I have already paid and cleared their hospitalization bills (original bills with me). I think they may not pursue the matter further.

There won't be hit-n-run case against me, as I have got them to hospital myself and paid from my pocket (I have documentary evidences like bills, x-ray report, diagnosis and copy of discharge reports etc).

Hence, I have decided to forget this issue for the time being and writing-off all as my unfortunate loss. Appreciate input, if there is something else too, that I need to be careful about.

-BJ

PS: My lawyer suggested to lodge a report (he sees some business ), however, policemen and my local acquaintance think it is not necessary. I am going with latter.
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