[ajitjt]

Hi all,

I know there are quite a few threads on accidents mentioned here, I kinda did read thru them all, but somewhere not been able to really find the solution that I am looking for. I have a peculiar case, and just wanted some advise from you folks on how to really go ahead with this.

I had an accident on the 26th of May, where my Figo hit a cyclist. Whose fault it was, is not something even after 2 months we been able to really reach a consensus. For all I know I was going on 40-50 and no alcohol, no playing with mobile nothing. And suddenly from nowhere I see the cyclist coming head on (the road was kinda dark), as soon as I saw him, I sweered to my left, he instead of moving to his left, took to the right and it banged. Called my friends, and somehow got him into Apollo. It was kinda a major accident, coz its like the 46th day and the boy is still in hospital. He was never in coma, but then it seems the shock value of the accident was pretty bad, that he had gone into a trauma state in his subconscious, so kinda took him like 3 weeks to open eyes and stuff. In the middle of all that, while in ICU, he ended up catching someone else's viral infection and that treatment took another quite sometime.

On the day of the accident once we took him to the hospital, and the cops came, told them the truth, they impounded the car and asked me to come to the station next day (in the middle they mentioned that I shudnt tell the boys parents the truth - which I obviously didnt hear too, and did tell the family what happened). Next day happened to be a Friday, went to the Besant Nagar police station at Chennai to sort the issue, and the SI was hesitant to release the car, saying cant do and blah...and said we will release it tom, and the next day meant Saturday, so obviously it wasnt going to happen. So got some influence and got the car released within an hour, which obviously didnt go too well with the SI, and since then he's been calling the boys family and asking them why they are sleeping and not filing case blah blah.

Now the boys family isnt really interested in filing the case. Okay here is where the problem begins. 46 days in Apollo has already thrown up a bill of some 14 lakhs odd, and prolly another one more week they will have to be there, so for easy calculation sake, lets assume the bill hits 20 odd lakhs. Now the boys father works for a govt agency, and they supposedly will pay 90% of the bill, and they have asked me to shelve out the remaining 10%, which I really cant pull off from my pocket, so am thinking to get my 3rd party insurance to pay up. (In the middle of all this, the car got repaired and insurance company settled off that claim. In the claim form, I did clearly mention that there was an injury and a claim could come up later)

Now if I need the insurance company to pay off the 10%, what is the procedure? I did speak to a few legal people, and I have been getting conflicting answers, hence asking you folks for help. What I am given to understand is that

1) The boys family files an FIR (i am not sure if that is already done, coz when I went to get my car released the next day of the accident, the cops gave me a copy of the CR - Criminal Report or something) - so the FIR is filed with me as the first party, and the insurance company as the 2nd party.
2) What happens next, coz I am told that if a FIR is filed, then an arrest has to be recorded. I am also told that there is some concept called Arrest and Bail at the same time.
3) Assuming Point 2 doesnt happen (which I hope it doesnt), then after the advocate from the boys side registers this at the court, and the court sends me and the insurance company summons.
4) The insurance company told me that they will hire a lawyer on mine and their behalf, and that I dont have to appear in court at any point of time.
5) A lot of people mentioned to me that the whole procedure could take like 2-3 yrs.

Now is this the actual procedure, or am I missing something, or is there some better way to handle the whole thing. help

[Gansan]

a) How old is the boy?

b) How serious are his injuries? Will he be left with any disablement?

c) Why are his parents not interested in filing a case?

[RaguHolla]

I would suggest insurance company to deal with this haggle. Accident do happen, it might be your mistake or his. You have insurance for exactly for this intent. Yes as per law court decides the compensation. Insurance pays the compensation decided by court. Insurance company can drag this however long they might needed. So it can be two months or 3 years depending on our justice system.

I don't advice you to put your money. Sure humanitarian grounds do talk, but in our society this is perceived as admission of guilt. 10% becomes 100% in no time. Why do you want to get into all the mess. Your liability is pay Rs 1000 fine for rash driving (doesn't matter if you are really driving or not, usually this is what is booked) and move on. Be careful while driving next time. If your conscious urge you, do keep asking boys parents about his recovery.

[anjan_c2007]

After the FIR filing, in case an arrest warrant is issued, there is an option for bail subject to the case being registered under bailable sections of the MV Act. Please also talk to a good criminal lawyer who deals with accident cases.In case you are issued an arrest warrant take the lawyer along to the police station and some one close to you to sign the bail documents.
In case no FIR is filed by the victim's family, please talk to a criminal lawyer. Since you will be paying 10% of the hospital expenses,sign a mutual agreement wherein the victim's family affirms on oath solemnly that an out of court settlement has been reached with you paying for 10% of the hospital expenses and no other claims, law suits for damages or for legal action against you (name) of any kind whatsoever, will be forthcoming from the victim's (name) side and the issue is settled once for all amicably and permanently to the mutual satisfaction of both the parties.Such an agreement on a stamp paper, duly registered in a competent court of law will be a permanent solution to all future hassles from the victim or the police.

[subscrive]

Few points to note.
1. Light on cycle?
2. Any helmet?
3. Any other point from bombay motor's act regarding cycling?
Check with lawyer. But I guess its also the responsibility of cyclist to take care of themselves.

[noidea]

please go through this thread

http://www.team-bhp.com/forum/indian...icles-act.html

especially section 140
I shall copy paste that for you

Section 140: Where death or permanent disablement of any person has resulted from a road accident, the owner of the vehicle involved shall be liable to pay compensation in respect of such death or disablement irrespective of his/her fault. The compensation for death shall be Rs. 50,000/- and for permanent disablement Rs. 25,000/-.

In such claims, the claimant shall not be required to plead and establish that the death or permanent disablement was due to any wrongful act, neglect or default of the owner of the vehicle involved. The claim shall not be defeated by reason of any wrongful act, neglect or default of the person in respect of whose death or permanent disablement, the claim has been made. Besides the owner of the vehicle, the Insurance Company is also liable under this section.

Being polite and decent is a sign of weakness in our society, cover your damages first and then think of what you can or should do for the so called victim.

Best of luck.

[anjan_c2007]

Originally Posted by noidea

please go through this thread

http://www.team-bhp.com/forum/indian...icles-act.html

especially section 140
I shall copy paste that for you

Section 140: Where death or permanent disablement of any person has resulted from a road accident, the owner of the vehicle involved shall be liable to pay compensation in respect of such death or disablement irrespective of his/her fault. The compensation for death shall be Rs. 50,000/- and for permanent disablement Rs. 25,000/-.

In such claims, the claimant shall not be required to plead and establish that the death or permanent disablement was due to any wrongful act, neglect or default of the owner of the vehicle involved. The claim shall not be defeated by reason of any wrongful act, neglect or default of the person in respect of whose death or permanent disablement, the claim has been made. Besides the owner of the vehicle, the Insurance Company is also liable under this section.

Being polite and decent is a sign of weakness in our society, cover your damages first and then think of what you can or should do for the so called victim.

Best of luck.

As regards award of damages courts (Accident Claims Tribunals) are awarding damages to the tune of several lakhs depending on the individual case.The amounts of Rs 25000 and Rs 50000 are no longer followed.

Originally Posted by subscrive

Few points to note.
1. Light on cycle?
2. Any helmet?
3. Any other point from bombay motor's act regarding cycling?
Check with lawyer. But I guess its also the responsibility of cyclist to take care of themselves.

Cycles are not covered under the MV Act 1988 and its later amendments. Even motorised two wheelers with a sub specified cubic cm capacity are not covered.
Helmets are not mandatory for cyclists.
The accident took place in Chennai so Bombay Act etc are not applicable.
As regards the cyclists responsibility to take care, the Law of Torts always asks you as a dutiful road user to what you were doing even if the other person was negligent?
In such cases it is better to amicably settle the issue with an out of court, registered agreement, as any court will obviously have sympathy for the injured boy on the bicycle.

[noopster]

I have no idea what the actual legal process is, and there are enough people here who have advised you on that but here's my 2 cents:
- You need to be driving more carefully. You hit an oncoming cyclist with your car and sent him to hospital with potentially life threatening injuries. There is some moral responsibility here.
- You have an easy out here. The boy's parents could have filed a case, got you in all kinds of legal tangles. Paying 2 lacs or so is a small price to pay to avoid a lifetime (or at least a significant chunk of it) of harrassment.
- Cops have not been against you. You mentioned "influence"- damn, in this country, that's all you need! You can probably walk away from it without paying a penny and the poor boy and his family can do absolutely squat about it.
- The option outlined by Anjan (non-FIR) seems to me the way to go about it. Get a legally-binding waiver from the boy's family and fork over what they are asking. Toss in a little extra as a sweetener and to assuage your guilt, if any.

Sorry if I seem a little harsh. I got hit by a motorcycle when I was 12 and riding a bicycle. Probably my fault. The motorcyclists abused me roundly and drove off. My friends helped me back home and then helped my Dad find a doctor (on Sunday evening no mean task). I suffered through about 3 months of recovery, nothing major or permanent thankfully. But I often recall those moments when the motorbike was approaching me at full speed and remember thinking, Oh dear God, is this it?

Do the right thing by the boy. Of course by all means protect your interest while doing so.

[cranky]

How old was the 'boy'?

There is a motor claims tribunal which the case needs to be referred to. Find a lawyer who will do this for you (they usually hang around hospitals, talking to accident victims in the late evenings).

The way it works is that the boy will get compensated for loss of time and if there is temporary or permanent disablement he will get compensated for loss of income for the entire period of his life (or 72 years, whichever is less). The basis for this calculation will be made on family income, social standing or on his income if he was earning, plus a growth rate.

It will take him about 15 years to get the money. You can give a good gesture by covering the legal costs for him and ensuring the case hearings progress quickly. It will be around the same cost, and net the family a lot more money.

btw, the motor insurance pool pays that money, not you. A good lawyer will tell you more. I am currently in a case like this, however as a victim. There is no prosecution - no opposing party, just a claim to the tribunal.

[honeybee]

Please check with a competent lawyer who is well-versed with the Motor Vehicle Act. I remember there's a provision to compensate victims of a road accident (even involving private vehicles), the amount is Rs. 50k for injuries and Rs. 1 L (or maybe Rs. 2 L) for death resulting from an accident. This is over and above what your insurance company may pay as part of the third party damages. This amount will have to be claimed by the boy's family.

Regarding the third party claim, I would suggest you drop the matter out of your hands. As soon as you have filed your insurance claim and provided all the facts regarding the accident, your financial liability in the matter is over and is now with the insurance company. Whether they will fight the claim in court or will amicably settle the matter by sharing the remaining 10% is for them to decide.

If you want to foot the 10% out of your own pocket, please remember to inform your insurance company about the same and get their consent, preferably in writing. Also please get a letter from the boy's family that the money you are paying is without accepting liability for the damages and sheerly out of goodwill. This should not be construed as a symbol of being guilty, hence the precaution.

While it's no doubt your duty to be alert to such eventualities, there are cases where you cannot avoid an accident and if you can prove in a court that this was a case where you couldn't have anticipated or avoided the accident (or did everything possible to avoid it and still couldn't avoid it), I don't think you will be held liable/convicted.