Team-BHP > Road Safety


Reply
 
Thread Tools Search this Thread
Old 28th September 2018, 10:11   #61
Distinguished - BHPian
 
selfdrive's Avatar
 
Join Date: Apr 2010
Location: Pune
Posts: 2,951
Thanked: 3,267 Times
Default Re: The Accident Victim's dilemma - Drunk biker rams into my car

I have to ask 1 question here.

If instead of a paralysed father and single income mother, if these kids were affluent with double income family and no issues, would you have asked for more money than your loss?

If the answer to that is no, it answers your original concern. As you would not ask for more, there is no reason you should ask for less or nothing at all.
selfdrive is offline   (3) Thanks
Old 28th September 2018, 15:38   #62
Newbie
 
Join Date: Sep 2018
Location: Ahmedabad
Posts: 9
Thanked: 68 Times
Default Re: The Accident Victim's dilemma - Drunk biker rams into my car

Dear,

I believe 'paralyzed father', 'only bread earner mother', 'poor background', these are the points which is affecting your decision making in this case.

Now consider, following points

- Drunk driver
- No helmet while driving
- Triple ride on a bike

These parameters are daily killing people on our roads. I believe we may not be able to stop all these but at least it is our responsibility to book such offenders whenever we can.

Your humanity may be taken for granted by such people, which may lead to another accident by them.

Just two cents from me.

Regards,
~JungleRoars
jungleroars is offline  
Old 28th September 2018, 16:42   #63
BHPian
 
Join Date: Dec 2014
Location: Chennai
Posts: 431
Thanked: 969 Times
Default Re: The Accident Victim's dilemma - Drunk biker rams into my car

Quote:
Originally Posted by selfdrive View Post
If instead of a paralysed father and single income mother, if these kids were affluent with double income family and no issues, would you have asked for more money than your loss?
Leave aside the fact they were drunk and assume that you hit a high end car - the BMW's, Porches etc. Would you pay a lakh or two out of your pocket to fix minor damage like bumpers?

If the road is to be used by both expensive and utilitarian vehicles, it's unfair that cheap vehicles have to bear the liability of expensive repairs much higher than the cost of the vehicles itself.

I am no communist, but I think third party insurance rates should be based on purchase price of the vehicle as well, cross subsidising the cheaper vehicle users.
Ragavsr is offline  
Old 28th September 2018, 16:52   #64
BHPian
 
Join Date: Mar 2010
Location: Delhi
Posts: 156
Thanked: 125 Times
Default Re: The Accident Victim's dilemma - Drunk biker rams into my car

SOLUTION: Talk to the police and tell them what you feel. They might be able to help your concern by keeping them in lockup for a few days and then releasing them(if possible).Of course, without a case.
RaSing is offline  
Old 28th September 2018, 17:40   #65
BHPian
 
bharatbits's Avatar
 
Join Date: Jun 2010
Location: Hyderabad
Posts: 466
Thanked: 602 Times
Default Re: The Accident Victim's dilemma - Drunk biker rams into my car

Going to jail is not decided by you or the police. Immediate remand for a few days ofcourse but the quantum of sentence would be decided by the court considering their status and family position among many factors.

Can't imagine if everyone starts thinking alike and let BPL below poverty line ppl go scot-free. They'll start to believe they are entitled and will only increase rash driving menace.

No one is above the law whether you are affluent or not.
bharatbits is offline   (2) Thanks
Old 28th September 2018, 19:46   #66
BHPian
 
whitewing's Avatar
 
Join Date: Oct 2012
Location: Bangalore
Posts: 290
Thanked: 475 Times
Default Re: The Accident Victim's dilemma - Drunk biker rams into my car

My 2cents.

Accidents, caused 'accidentally' should be , well, viewed as accidents.

In this case, drinking and riding should not be viewed as an 'accident' but as intentional assault or any such such equivalent.

Enough people and more die on our roads due to people like this, how does a deterrence get built? By policing.

Last edited by suhaas307 : 21st July 2019 at 15:30. Reason: Spacing
whitewing is offline   (3) Thanks
Old 28th September 2018, 20:58   #67
Senior - BHPian
 
dailydriver's Avatar
 
Join Date: Feb 2017
Location: KA - IND
Posts: 1,105
Thanked: 3,928 Times
Default Re: The Accident Victim's dilemma - Drunk biker rams into my car

Quote:
Originally Posted by RaSing View Post
SOLUTION: Talk to the police and tell them what you feel. They might be able to help your concern by keeping them in lockup for a few days and then releasing them(if possible).Of course, without a case.
I might be nitpicking here, but I see two issues with this suggestion.
  1. Police and emotions are not known to go together. Telling them how one feels might not be in the best interests of the OP (this is of course a subjective opinion and can be ignored).
  2. What can't be ignored is the illegality of detaining three persons in a police lockup without filing a proper case. The OP and the police will both get into trouble eventually. It is ethically and morally wrong too.
dailydriver is offline   (1) Thanks
Old 28th September 2018, 22:37   #68
BANNED
 
Join Date: Mar 2006
Location: Coimbatore
Posts: 480
Thanked: 1,962 Times
Default Re: The Accident Victim's dilemma - Drunk biker rams into my car

I might be wrong here, but I doubt if the OP has any real say on what happens to these guys, although I would very much like to see them punished for what they did or what they might do in the future.

However, in this particular case, they have not caused any harm or injury to the people in the car. They have damaged someone's property and as far as I see, that is the only case that the OP can charge against them, unless the cops are willing to turn it into a criminal case with intent to cause physical harm. Mostly this is settled through insurance or a fine by the court, if it reaches the court. In this case, since its DUI, I wonder whose insurance will pay for the damage. I am sure the bike didn't have any insurance either.

The charge can only be filed by the cops for DUI and rash and negligent driving and the guilty should be punished as per this charge.

You can only punish someone for a crime he has committed. You cannot punish someone on crimes, which you think, he will commit in future unless he has committed a serious crime and the court decides he is a threat to the society.
SCORPION is offline   (3) Thanks
Old 28th September 2018, 22:44   #69
Distinguished - BHPian
 
SS-Traveller's Avatar
 
Join Date: Jan 2009
Location: New Delhi
Posts: 7,515
Thanked: 19,128 Times
Default Re: The Accident Victim's dilemma - Drunk biker rams into my car

Is this a variant / new version of the Stockholm Syndrome? Any psychologists on the forum?
SS-Traveller is offline   (6) Thanks
Old 28th September 2018, 23:11   #70
BHPian
 
Ithaca's Avatar
 
Join Date: Sep 2017
Location: MH 43 // MH 46
Posts: 323
Thanked: 789 Times
Default Re: The Accident Victim's dilemma - Drunk biker rams into my car

My two cents.

Your time is precious. Your peace of mind doubly so.
You have to evaluate whether it is worth your while to waste your precious time and peace of mind running around police stations and courts for the next few months getting this problem sorted.

I would suggest you repair your vehicle and let this incident go.

Our cops, if they are true to their nature, would have already extracted their pound of flesh from the offender to go easy on him. They may try to approach you to speed up the process too. There is no need to get into this unwanted hassle.
Just pray that the offender does not expect you to pay for damages to his vehicle.

Chalk this up as a life experience and move on. I know I am being cynical but that is how it is unfortunately.
All my youthful idealism were dashed to the ground due to some incidents so I tend to take a cynical approach whenever cops are involved.

Last edited by Ithaca : 28th September 2018 at 23:31.
Ithaca is offline   (1) Thanks
Old 28th September 2018, 23:35   #71
Senior - BHPian
 
naveenroy's Avatar
 
Join Date: May 2009
Location: Atlanta, GA
Posts: 1,510
Thanked: 1,233 Times
Default Re: The Accident Victim's dilemma - Drunk biker rams into my car

Steps to take:

1. Take away your sympathy. Keep it aside for the next few steps.
2. File a complaint with the cops. Get a lawyer to frame the right words.
3. However big a complaint you make, the "kids" are not going to get any punishment - anyway not as much as you think will "spoil" their future.
4. Fix your car with your own money.
5. Cops or the kids parents will beg you to remove complaint. Do it.
6. Move on with your life.
7. Put back sympathy onto yourself.
8. Now go and volunteer some time for "kids" who really need it - find a place to teach underprivileged kids, help such kids, give money, donate blood, spend time teaching "kids" life skills, computer skills, art etc.

Drunk and drug-addled bozos who ride around and crash into cars and people don't deserve an iota of sympathy. I didn't suggest you taking them to court etc only because we know how the courts work and what a hassle it will be for you.
naveenroy is offline   (4) Thanks
Old 29th September 2018, 07:31   #72
BHPian
 
Join Date: Sep 2013
Location: Pune
Posts: 53
Thanked: 130 Times
Default Re: The Accident Victim's dilemma - Drunk biker rams into my car

Sorry if this sounds anti-poor or inhumane. The law is the same for everyone. Whether you are the PM of the country or a poor bloke. At least it should be the same

You are being too kind by even thinking this way I would say. They say they are poor, but how poor can they be when they can afford a 200cc bike, fill it with 90 Rs. petrol, have drugs, drink till they drop and then ram your car.

I see that you do not want to be harsh on them and that is very commendable and extremely nice on your part. However, just think if instead of your car, they had rammed a pedestrian or another middle-class man going home on his bike?

In this case you are lucky no one on your side got injured. If the police want to arrest them and put them in jail, that is what they should do.

It will teach these guys a lesson for life and they will think 100 times before repeating this. If you let them off the hook due to your golden heart, then one fine day they will repeat this and it might be much worse
anand.shankar82 is offline   (1) Thanks
Old 29th September 2018, 16:15   #73
BHPian
 
Join Date: Sep 2018
Location: Hyderabad
Posts: 98
Thanked: 351 Times
Default Re: The Accident Victim's dilemma - Drunk biker rams into my car

In advance - apologies for the long post.

I have been reading this thread from the start. And as a lawyer, would like to break down the scenario easily:

1. Drunk driver - Was a BAC done? If yes, then a drunken driving case can be filed by the police themselves.
2. Driving without a valid license - Same as above. Case can be filed by police themselves against the driver and the registered owner of the vehicle.

Coming to the damage to the vehicle, it gets a bit tricky here. The police would definately interfere if:

1. Any individual has been injured - primarily if you or your co-passengers have suffered an injury. In such a case, a complaint has to be filed, and then the long story starts.

2. Injuries to the drunk biker and his "co-passengers" - The police will definately not take it into account, as (a) they were drunk, and (b) they would be held at fault.

If the first option does not exist, or has not happened, the police would have absolutely no interest in pursuing this matter - filing a chargesheet, investigating the matter, multiple appearances in court, so on and so forth. Also, this would require you to be personally present - as a witness, and if you are not the registered owner of the vehicle - the registered owner should also be present.

In my view, and yes I am saying this as a lawyer, it is best to treat this as a horrible case of absolute sheer bad luck, count your losses, get the vehicle repaired back to shape, and move on - without filing any case and/or complaint associated with the damage to the vehicle. That is because it is absolutely not worth the time, effort and hassle of going through. I would also request you to consider one more point - the point/aspect of retaliation - what are the chances that this person may come back to take "revenge". The last aspect makes it absolutely not worth the fight.

Also, if you are looking at reforming the individual, trust me - a person who is doing such acts is beyond the scope of reform. With the family situation and economic condition, they are beyond the scope of reform and have decided not to care about the repurcussions of their acts and actions. I know this comes to , but we have no choice. Who knows - he may come into contact with even more anti-social elements, and might become even worse.

Thus my suggestion - forget this episode, get the vehicle repaired, and move on.
LegalEagle is offline  
Old 29th September 2018, 16:27   #74
BHPian
 
Join Date: Jun 2009
Location: BENGALURU
Posts: 135
Thanked: 114 Times
Default Re: The Accident Victim's dilemma - Drunk biker rams into my car

It is a Dilemma indeed, with a capital D!

The simple questions that you have to ask yourself, keeping all emotions aside, are these?

1. Do you personally believe that the trio/bike rider/owner have done something wrong?

If the answer to this is No, then your resultant action is simple.
If the answer is Yes, then ask yourself the next question.

2. Do you believe that they deserve some form of punishment?
If the answer is No, then your resultant action is simple.

Morally & Emotionally these are the only answers that you need to get for yourself. For everything else there is a Constitution, Motor Vehicles Act, Police & Courts. You have no responsibility on punishing them nor can you influence the punishment or its quantum in any way.

'Getting Away With It', for the trio, after the angst/stress/trauma of the current incident, in their sub-conscious means that, it is ok to engage in a similar or related activity and that they could possibly 'Get Away With It' once again. This is how incorrect behaviour, unacceptable norms and to an extent criminals are born.

Think Deep and Think Hard. All the best in your action.
pariwar is offline  
Old 29th September 2018, 18:33   #75
BHPian
 
spgv's Avatar
 
Join Date: Jun 2016
Location: Mumbai
Posts: 80
Thanked: 55 Times
Default Re: The Accident Victim's dilemma - Drunk biker rams into my car

Quote:
Originally Posted by LegalEagle View Post
In advance - apologies for the long post.

Thus my suggestion - forget this episode, get the vehicle repaired, and move on.
Agree with you, not worth the hassel. Meanwhile the police as we know, must have inflicted some pain/cost on them for this incident.
spgv is offline  
Reply

Most Viewed
Thread Tools Search this Thread
Search this Thread:

Advanced Search

Copyright 2000 - 2021, Team-BHP.com
Proudly powered by E2E Networks