Guys Serious problem - Urgent suggestion on Accident Case

aryashiv1 · 3rd November 2009, 16:24

Hello All, last year during new year eve I was driving back from Aurangabad to Mumbai. Somewhere on the Nagar highway between Aurganbad and Nagar, met with a small accident. A bike came in from from nowhere and applied sudden breaks, however the couple on the bike fell down and the lady suffered minor injuries. I was with my wife and two kids. I stopped my car and came out to see what actually had happened. Lot of people gathered and started giving thier opinions. 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.

Now today I get a summon from Police station saying that FIR is lodged there and they have my name address and car number. One police man froom there came along with Local Mulund Police station guy and asked for the driver and the car. I was not at home. I spoke to them on the phone and they said they want to take the driver and the car. I dont know what to do. I have some contacts with whom I am trying to sort out this mess. But what now??? Any help or suggestions...

blackasta · 3rd November 2009, 16:34

Clearly some experienced brain is behind this.
Talk to a lawyer and take an anticipatory bail if he suggests.
DO NOT UNDER ANY CIRCUMSTANCES ADMIT THAT YOU HIT THE BIKE. ALWAYS SAY THAT THE BIKE HIT YOU.
The opposite side will try to make you say that you hit the bike, in which case you shall be in a big mess (if law follows its own course).
I have prior accident experience (my roommate had the actual incident), and this is from our own experience.

MileCruncher · 3rd November 2009, 16:34

I would suggest consulting a lawyer immediately on this. Was the court summon for 1st hearing or thereafter? Your lawyer can always plead that you never received any intimation of the FIR.

I'm not sure if you have too many options

kb100 · 3rd November 2009, 16:36

Do you have insurance?

Looks like the regular scam to claim insurance.

monty9991 · 3rd November 2009, 16:38

this is why sometimes i prefer to run away from the scene unless it aint serious.

the best thing will be to settle the issue with them directly and ask them to take the FIR back, instead of going to the court.

going to the court will be a lots of hassel and you never know when the case will close.

" I HATE THINS KIND OF PEOPLE, WHO GOTO THE POLICE STATION INSTEAD OF HELPING THEM" you should have left them.

blackasta · 3rd November 2009, 16:39

Only insurance?? If the people on the other end are serious scammers they might even apply IPC 304 (culpable homicide) on aryashiv1. Thats why I suggested the bail.

Wolfheart · 3rd November 2009, 16:39

Quote:

Originally Posted by aryashiv1

Hello All, last year during new year eve I was driving back from Aurangabad to Mumbai. Somewhere on the Nagar highway between Aurganbad and Nagar, met with a small accident. A bike came in from from nowhere and applied sudden breaks, however the couple on the bike fell down and the lady suffered minor injuries. I was with my wife and two kids. I stopped my car and came out to see what actually had happened. Lot of people gathered and started giving thier opinions. 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.

Now today I get a summon from Police station saying that FIR is lodged there and they have my name address and car number. One police man froom there came along with Local Mulund Police station guy and asked for the driver and the car. I was not at home. I spoke to them on the phone and they said they want to take the driver and the car. I dont know what to do. I have some contacts with whom I am trying to sort out this mess. But what now??? Any help or suggestions...

Yes. Contact a good lawyer. Don't know what kind of contact you're referring to, why resort to such means when you are not at fault? In fact you took the lady to a hospital like a good citizen and even paid for her medical expenses. Was she injured severely?

Get a legal opinion from a good lawyer and then proceed.

Archish · 3rd November 2009, 16:45

Getting a lawyer is the best thing u can do first. Then i guess the best would be to go the concerned police post and get to know what the real situation is. I really feel ashamed and sorry to say this but 'GREASE'.

sijil.karim · 3rd November 2009, 16:51

contact a lawyer immediately and do not negotiate directly with the party, this is the regular scam to claim money from you and insurance company, probably a good lawyer is at the other end, you need to have your defence done by a good lawyer.

sijil

aryashiv1 · 3rd November 2009, 17:05

Thanks Guys. The police came to my home with an FIR to arrest the driver and take the car away. I am no way going to Nagar (my kids are so afraid already). I am taking help of my people who know these police men very well. They are saying just do the formality of getting arrested and release on bail same time. This way then case can come to court and further on. I am so distrubed guy..cant even type properly. I am those simple kinds of guy who is a so much a family man. Anways fingers crossed. In the meanwhile will speak to some lawyers if required, I have few in my office only (I work for a construction company so all kinds of people are present in office).

Archish · 3rd November 2009, 17:48

Dont be tensed. Its not like u are criminal. But these ppl make sure that they treat like one. Dont get overawed by the situation.U can walk past this situation. Nothing big would happen.

If u are a believer, then pray.

Note from the Team-BHP Support Staff : Slang and SMS Language are STRICTLY prohibited on Team-BHP. Please type in full and proper English for the benefit of other community members.

Please type 'you' instead of 'u', 'people' instead of 'ppl'

aryashiv1 · 3rd November 2009, 18:08

Thanks all you guys. Its great to be here on this forum. I am just tensed because these people came home when I was in office and you know what my little one 5 year old son said (his pic is there) to his mom "Mamma police wale papa ko le jayegne aur marenge". So innocent kids are.....

Anyways things are better now. My person (ex ACP with Mumbai police) had met the PSI at Mulund police station. He has taken time till Monday to get me to Nagar. The police team which came from Nagar has gone back. Tomorrrow I will be going to Mulund police station and find a solution this issue. Will be accompanied by a few ex Police walas whom I know. Lets hope for the best.

idea1979 · 3rd November 2009, 18:20

All the best.

Best option will be to seek lawyer assistance simultaneously.

sree70 · 3rd November 2009, 18:26

Do not worry aryashiv. You have not comitted any crime & you are not a criminal. so many accidents take place in a day and these are common in daily life.
If u have a valid Driving license & valid Insurance policy, ur saved.
Obtain the copy of FIR from the concerened police station, mostly they might have filed a hit & run case.
Be Brave, consult a good & known lawyer and move wisely.
Insurance people will take care of liabilties & damages.

aryashiv1 · 3rd November 2009, 18:39

Thank you Idea1979 & sree70. I have all the valid papers so not a problem. Will look for legal options after looking at the outcome of tomorrows meeting.

3rd November 2009, 16:24	#1
aryashiv1 BHPian Join Date: Sep 2009 Location: Mumbai Posts: 132 Thanked: 2 Times	Guys Serious problem - Urgent suggestion on Accident Case Hello All, last year during new year eve I was driving back from Aurangabad to Mumbai. Somewhere on the Nagar highway between Aurganbad and Nagar, met with a small accident. A bike came in from from nowhere and applied sudden breaks, however the couple on the bike fell down and the lady suffered minor injuries. I was with my wife and two kids. I stopped my car and came out to see what actually had happened. Lot of people gathered and started giving thier opinions. 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. Now today I get a summon from Police station saying that FIR is lodged there and they have my name address and car number. One police man froom there came along with Local Mulund Police station guy and asked for the driver and the car. I was not at home. I spoke to them on the phone and they said they want to take the driver and the car. I dont know what to do. I have some contacts with whom I am trying to sort out this mess. But what now??? Any help or suggestions...
	() Thanks

3rd November 2009, 16:34	#2
blackasta Senior - BHPian Join Date: Aug 2009 Location: WB 26 Posts: 3,406 Thanked: 2,917 Times View My Garage	Clearly some experienced brain is behind this. Talk to a lawyer and take an anticipatory bail if he suggests. DO NOT UNDER ANY CIRCUMSTANCES ADMIT THAT YOU HIT THE BIKE. ALWAYS SAY THAT THE BIKE HIT YOU. The opposite side will try to make you say that you hit the bike, in which case you shall be in a big mess (if law follows its own course). I have prior accident experience (my roommate had the actual incident), and this is from our own experience.
	() Thanks

3rd November 2009, 16:34	#3
MileCruncher Senior - BHPian Join Date: Jan 2009 Location: MH01 Posts: 4,235 Thanked: 592 Times View My Garage	I would suggest consulting a lawyer immediately on this. Was the court summon for 1st hearing or thereafter? Your lawyer can always plead that you never received any intimation of the FIR. I'm not sure if you have too many options
	(1) Thanks

3rd November 2009, 16:36	#4
kb100 Senior - BHPian Join Date: Feb 2006 Location: Bangy Boy! Posts: 1,555 Thanked: 21 Times	Do you have insurance? Looks like the regular scam to claim insurance.
	() Thanks

3rd November 2009, 16:38	#5
monty9991 BANNED Join Date: Oct 2007 Location: Ludhiana Posts: 706 Thanked: 42 Times View My Garage	this is why sometimes i prefer to run away from the scene unless it aint serious. the best thing will be to settle the issue with them directly and ask them to take the FIR back, instead of going to the court. going to the court will be a lots of hassel and you never know when the case will close. " I HATE THINS KIND OF PEOPLE, WHO GOTO THE POLICE STATION INSTEAD OF HELPING THEM" you should have left them.
	() Thanks

3rd November 2009, 16:39	#6
blackasta Senior - BHPian Join Date: Aug 2009 Location: WB 26 Posts: 3,406 Thanked: 2,917 Times View My Garage	Only insurance?? If the people on the other end are serious scammers they might even apply IPC 304 (culpable homicide) on aryashiv1. Thats why I suggested the bail. Last edited by blackasta : 3rd November 2009 at 16:41.
	() Thanks

3rd November 2009, 16:45	#8
Archish BHPian Join Date: Mar 2009 Location: Chennai Posts: 319 Thanked: 108 Times	Getting a lawyer is the best thing u can do first. Then i guess the best would be to go the concerned police post and get to know what the real situation is. I really feel ashamed and sorry to say this but 'GREASE'.
	() Thanks

3rd November 2009, 16:51	#9
sijil.karim BHPian Join Date: Mar 2007 Location: cochin Posts: 34 Thanked: Once	get a lawyer contact a lawyer immediately and do not negotiate directly with the party, this is the regular scam to claim money from you and insurance company, probably a good lawyer is at the other end, you need to have your defence done by a good lawyer. sijil
	() Thanks

3rd November 2009, 17:05	#10
aryashiv1 BHPian Join Date: Sep 2009 Location: Mumbai Posts: 132 Thanked: 2 Times	Thanks Guys. The police came to my home with an FIR to arrest the driver and take the car away. I am no way going to Nagar (my kids are so afraid already). I am taking help of my people who know these police men very well. They are saying just do the formality of getting arrested and release on bail same time. This way then case can come to court and further on. I am so distrubed guy..cant even type properly. I am those simple kinds of guy who is a so much a family man. Anways fingers crossed. In the meanwhile will speak to some lawyers if required, I have few in my office only (I work for a construction company so all kinds of people are present in office).
	() Thanks

3rd November 2009, 17:48	#11
Archish BHPian Join Date: Mar 2009 Location: Chennai Posts: 319 Thanked: 108 Times	Dont be tensed. Its not like u are criminal. But these ppl make sure that they treat like one. Dont get overawed by the situation.U can walk past this situation. Nothing big would happen. If u are a believer, then pray. Note from the Team-BHP Support Staff : Slang and SMS Language are STRICTLY prohibited on Team-BHP. Please type in full and proper English for the benefit of other community members. Please type 'you' instead of 'u', 'people' instead of 'ppl' Last edited by Technocrat : 3rd November 2009 at 18:51. Reason: Please read the note in your post, thanks
	() Thanks

3rd November 2009, 18:08	#12
aryashiv1 BHPian Join Date: Sep 2009 Location: Mumbai Posts: 132 Thanked: 2 Times	Thanks all you guys. Its great to be here on this forum. I am just tensed because these people came home when I was in office and you know what my little one 5 year old son said (his pic is there) to his mom "Mamma police wale papa ko le jayegne aur marenge". So innocent kids are..... Anyways things are better now. My person (ex ACP with Mumbai police) had met the PSI at Mulund police station. He has taken time till Monday to get me to Nagar. The police team which came from Nagar has gone back. Tomorrrow I will be going to Mulund police station and find a solution this issue. Will be accompanied by a few ex Police walas whom I know. Lets hope for the best.
	() Thanks

3rd November 2009, 18:20	#13
idea1979 BANNED Join Date: May 2009 Location: Pune Posts: 234 Thanked: 0 Times	All the best. Best option will be to seek lawyer assistance simultaneously.
	() Thanks

3rd November 2009, 18:26	#14
sree70 BHPian Join Date: Oct 2009 Location: bengaluru Posts: 176 Thanked: 15 Times	Do not worry aryashiv. You have not comitted any crime & you are not a criminal. so many accidents take place in a day and these are common in daily life. If u have a valid Driving license & valid Insurance policy, ur saved. Obtain the copy of FIR from the concerened police station, mostly they might have filed a hit & run case. Be Brave, consult a good & known lawyer and move wisely. Insurance people will take care of liabilties & damages.
	() Thanks

3rd November 2009, 18:39	#15
aryashiv1 BHPian Join Date: Sep 2009 Location: Mumbai Posts: 132 Thanked: 2 Times	Thank you Idea1979 & sree70. I have all the valid papers so not a problem. Will look for legal options after looking at the outcome of tomorrows meeting.
	() Thanks