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Old 13th April 2010, 09:41   #61
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@Aargee: I agree with you, but as I had already mentioned, I could not do the stuff by seeing my wife sitting alone at home, without peace of mind, getting tensed all over the day I was not there at home.

Also, I was not aware of the following points as @Honeybee stated:

1. Need to report the nearby police within 24hours of the incident.
2. Though I was aware that I had a valid insurance on my car, it did not strike to my mind, because of the situation I was in.

Each incident in life teaches new lessons, which help in getting things going on with life.
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Old 13th April 2010, 09:51   #62
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Each incident in life teaches new lessons, which help in getting things going on with life.
That's the point & I'm glad you got it. Trust me, after several months you're going to laugh at yourself on this incident.
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Old 13th April 2010, 09:59   #63
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That's the point & I'm glad you got it. Trust me, after several months you're going to laugh at yourself on this incident.
may be or may not be (on the laughing part), but seriously, even my wife was ok with paying the amount to that guy, saying that god might have made us give the money, and if he's taking it positively, its fine, but if he's trying to exploit he's going to suffer for sure.

From the next time (hope this does not repeat ), if something like this has ever happened, first thing to do is to note down the vehicle number, and file a case in the nearby police station, after possibly taking care of the injured.
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Old 13th April 2010, 10:12   #64
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From the next time (hope this does not repeat ), if something like this has ever happened, first thing to do is to note down the vehicle number, and file a case in the nearby police station, after possibly taking care of the injured.
Also take some snaps of the damage immediately (camera phone will come handy). The very act of you taking snaps as evidence would indicate that you mean business. And whoever is interested in money, tell them that your insurance will pay them.

Yes, knowing the local language would help. But I disagree with the suggestion that this happens only because of being a non-local. This has nothing to do with local vs non-local (please don't start that debate here).

As suggested by many, issue here is about not reporting the incident and filing FIR. For filing FIR, details like vehicle number, insurance, DL details of the other party are needed. All these are missing here.

Hence it is turning out to be one person's word against the other. In such situations, the local goons score. Best to prevent the situation from occuring in the first place.

rishie, the situation is still open ended. I would not have peace of mind until I have closed the issue out completely. IMO, even now there are loose ends.
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Old 13th April 2010, 10:23   #65
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One last tip. Do all the hassles in the last few pages or just search for a new rented place and live in peace. The owner did no good and can't expect him to intervene the next time. And please get the thread title changed. The 'nothing serious' part went bust when those ruffians landed at your place.
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Old 13th April 2010, 10:30   #66
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Please understand the law, learn your rights and responsibilities in case of accidents and do not step over these. It will go a long way in ensuring better peace of mind.
BRILLIANT post . One lives and learns,but being an ostrich does not help.
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Old 13th April 2010, 10:35   #67
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Also take some snaps of the damage immediately (camera phone will come handy). The very act of you taking snaps as evidence would indicate that you mean business. And whoever is interested in money, tell them that your insurance will pay them.
Actually Thanks a lot Raj, you reminded me to tell this. After any accident, I immediately pull up my mobile phone or camera to take pics & try taking it in different angle, close, far etc. I'm very sure, by the very act of this, people become little nervous.

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rishie, the situation is still open ended. I would not have peace of mind until I have closed the issue out completely. IMO, even now there are loose ends.
Actually I don't want to scare Rishie further. Lets face it if the goons show up next time. Stay calm & keep your focus only on buying time & don't pay immediately from ATM. Remember, buy time, lot of time, as much as possible. Take help from a Lawyer & not from cops this time. Take time to post your updates here & I'm very confident you can find someone from TBHP close to your home to help you.

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And please get the thread title changed. The 'nothing serious' part went bust when those ruffians landed at your place.
Right
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Old 13th April 2010, 14:21   #68
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...My friend hit a cyclist by mistake & till date we do not know whose fault is it...
Just to put across the importance, or rather shelter, in filing a police case, here is one from my side.

2 months back, family member hits a lady. Still not clear on whose fault, but if one looks at the cracked windshield, caused by the lady's head hitting it, it might have looked fatal.

The lady taken to the hospital and kept under observation. Nothing serious, two days rest advised. This happens at around 10pm. When leaving hospital at around 2am, the lady's husband and the lady do not want us to make it a police case and just asked us to take care of the hospital bill.

The constable who came over to the hospital was OK going either way.

Next day, based on advice from the constable and few lawyer friends, we call the husband to sign on a paper saying that he has no complain and all that. Dilly dally starts. He calls his brother-in-law and also involves a "local" leader. We get calls asking us to come to the "local leaders" office.

We refuse and ask him to come to police station and either way, we settle it there. They are not willing to come to police station. Decision was made to let them make the police case and not to entertain any more of their calls.

Case charged under reckless driving. 2000rs fine paid in court. Peace of mind for us.

As for the other party, the amount they might get is around 15~20k from insurance. Deduct the lawyer fee and the amount they would have spend on "local leader", not sure if they would finally end up getting anything, if not peanuts!
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Old 13th April 2010, 14:37   #69
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Just to put across the importance, or rather shelter, in filing a police case.
Happywheels - Man, that's fantastic piece of incident that you've narrated for the shelter part.

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Originally Posted by HappyWheels View Post
As for the other party, the amount they might get is around 15~20k from insurance. Deduct the lawyer fee and the amount they would have spend on "local leader", not sure if they would finally end up getting anything, if not peanuts!
And the comedy now is, even if the other party is willing to forego on the case, the local leader will not agree until he gets his own share from the insurance or from the party

Last edited by aargee : 13th April 2010 at 14:39.
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Old 13th April 2010, 16:55   #70
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The most irritating part when you go for a case - The police always writes in the FIR, "The driver of the bigger vehicle was driving in a rash and dangerous manner, being a risk to the others on road". When I protested in my case, the Constable said that this is common practise to help the 'poor' victim. If they don't write so, it seems the court would reject the case without even considering the case.

The following incident happened to my colleague:
His zen was caught in a long block, and he switched of the engine, thinking he was safe between cars in front and back, waiting in line. After some time, a Bajaj M80 came in a zig zag manner from the opposite direction, hit his driver side door, and fell down. He promptly took the guy to the hospital, and the guy was in serious condition for some time (no helmet). To avoid risk, my friend called the police, and they wrote the FIR as if it was his fault, to help the 'poor' guy. Other wise the poor guy won't get insurance, they said. On a lawyers advise, my friend admitted in court that it was his mistake (The lawyer assured him that nothing would happen, this is the best way to avoid inconvenience). The verdict from court - his license was suspended for 3 months . Poor guy was struggling without his car for 3 months, at a time when his wife was carrying.

Last edited by jinojohnt : 13th April 2010 at 16:59.
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Old 13th April 2010, 19:24   #71
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Originally Posted by jinojohnt View Post
The police always writes in the FIR, "The driver of the bigger vehicle was driving in a rash and dangerous manner, being a risk to the others on road". When I protested in my case, the Constable said that this is common practise to help the 'poor' victim. If they don't write so, it seems the court would reject the case without even considering the case.
I am not getting it. Why would the court reject the case? Smaller vehicles can never be the culprits? It does not sound logical.

I don't think it is correct to generalize and say that police would always write the FIR favoring the poor guy. I don't think police/courts in our country are that generous and benevolent to the poor.
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Old 13th April 2010, 19:35   #72
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Originally Posted by jinojohnt View Post
The most irritating part when you go for a case - The police always writes in the FIR, "The driver of the bigger vehicle was driving in a rash and dangerous manner, being a risk to the others on road". When I protested in my case, the Constable said that this is common practise to help the 'poor' victim. If they don't write so, it seems the court would reject the case without even considering the case.

The following incident happened to my colleague:
His zen was caught in a long block, and he switched of the engine, thinking he was safe between cars in front and back, waiting in line. After some time, a Bajaj M80 came in a zig zag manner from the opposite direction, hit his driver side door, and fell down. He promptly took the guy to the hospital, and the guy was in serious condition for some time (no helmet). To avoid risk, my friend called the police, and they wrote the FIR as if it was his fault, to help the 'poor' guy. Other wise the poor guy won't get insurance, they said. On a lawyers advise, my friend admitted in court that it was his mistake (The lawyer assured him that nothing would happen, this is the best way to avoid inconvenience). The verdict from court - his license was suspended for 3 months . Poor guy was struggling without his car for 3 months, at a time when his wife was carrying.
The report (mind you, it's not a complaint or a case, just a report) must be exactly as you have narrated it to the police. It is supposed to state facts and not pass judgement. So the policeman writing about rash driving in the FIR is ridiculous. If the policeman does not write down what you have narrated, write it up on a paper (plain paper will do), make a copy and get his acknowledgement on the copy with date/time and his ID details such as buckle number/name/rank/police station etc.

I suggest we all need to visit a good lawyer and get some brush up on what the law is. Policemen or conmen will always exploit any ignorance on your part. Once they sense that you know the procedure to be followed in such a case, they will usually fall in line.

Why do you think people like Salman Khan and others get away, even when you know they are guilty? They have lawyers who fight on each and every loophole in the FIR, panchnama and a host of other things. If you learn a bit of law, you could ensure these loopholes work for you.

Last edited by honeybee : 13th April 2010 at 19:40.
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Old 14th April 2010, 00:28   #73
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Lastly, I doubt if you have followed the law, any cops could exploit you. As in case of rental deposits and such, we do not make these transactions in writing on a stamp paper, as is required by law,
Very thoughtful, of course I had a rental agreement on a proper STAMP paper.

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since we want to save the stamp duty.
...?? I don't think anyone out here would try to save on stamp duty after paying 50-100K of security deposits. That's so silly to even think.


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The cops can't help you in this case. They know you are not following the law, so they have a free hand in dealing with such matters. If you follow the law, they have to follow it too.
As if they help people following the law. I wonder if the cops FOLLOW the so called law. Bangalore Cops, most corrupted human beings in whole country.
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Old 14th April 2010, 08:24   #74
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Very thoughtful, of course I had a rental agreement on a proper STAMP paper.

...?? I don't think anyone out here would try to save on stamp duty after paying 50-100K of security deposits. That's so silly to even think.
I have changed rented houses five times in Bangalore (eastern & western side of Bangalore). I never had any problem in getting the deposit back. At the time of settlement, in fact, the owner makes you sign acknowledging receipt of cash or cheque amount of deposit.


A one off case cannot be taken as generalization to prove that there is no point in following the law. If law is not followed, law enforcement agencies cannot help you. That is the message coming out from the posts.

I would never prefer/advise not to follow law. I would rather be aware of the law, and use it to my advantage. Road via sarcasm often leads to dead-end.


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One lives and learns,but being an ostrich does not help.
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Old 14th April 2010, 09:41   #75
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Today I had a bad experience while on my way back to home from office.

I was almost 1 km away from my house, and was taking a turn towards the right side lane, after putting the right indicator from approximately 300mts before the turn, and indicating the guys coming from the front, by blinking the headlamps, the car almost made it half way on the opposite lane, suddenly I saw some vehicle coming in my RVM and swerved the steering towards the right. But the guy coming on the TVS Excel, couldnot control his vehicle, had a scratching hit towards the front side of my Wagon-R. He was coming so fast that he couldnot have stopped even after applying brakes.

...

Now my wife is getting tensed that those people might come home tomorrow or later asking for some money, and she would be alone at home with my 2 months old kid. I convinced her, not to worry and take help of the house owner's.

I am also blank on what to do if those people might turn back to my house when I am not there. Please let me know of your valuable suggestions.

You have my sympathies and best wishes mate. However, the sad part is that we tend to be so paranoid of the legal processes that at times we forget that the folks on the other side also aren't the greatest fans of Police (my two cents.)

You did the right thing by taking that man to the hospital, but you should have tried taking him first towards (mind you it's not a 'to') a Police station and see his reaction, as you put it, he didn't have the helmet on his person while driving... I reckon he might not be having his papers intact either as pointed by others in this thread.

In such events, and if the accident isn't major, start taking snaps via your mobile phone and keep as much of evidence at hand as possible, you never know when you need it (even after that dreaded payout i.e.)

I hope your fears haven't come true Be safe.
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