Accident--Legal Help Needed ! !

gov626 · 28th October 2010, 13:52

I really needed some legal advice on an accident i had and could'nt find the appropriate place to post it. Mods, Kindly move to the right place it belongs to. Thanks.

Sept15 : I was driving my car(Mitsubishi Lancer) to college at around 9am at Jalahalli Cross, Peenya on the NH-4. I can see a Hyundai Accent Viva on the service road on the left (which is separated by a concrete divider) keeping pace with me. I was doing about 55kmph and going straight when it happened ! The guy spotted a missing spot in the divider and took the plunge into the highway and blindly crashed into my vehicle from the left side !
On impact, my car got lifted on two wheels and then went on crash into the main divider on the road and then fell back on four wheels.Within seconds a crowd gathered and a friend of mine who was right behind me on his bike pulled me out of the car. On first inspection i appeared unhurt and the car seemed to have taken most of the damage.

Then the drama began, the guy who was driving the other car jumps out and starts yelling at me in kannada, and mind you , i have no idea what he is talking about. Another guy whose standing on my side of the crowd starts yelling back and sparks fly.

I later come to know that he was yelling that it was my mistake and that he had put his indicator on. The crowd react saying its his mistake and i make an effort to call the cops.Cops arrive in a good 5 mins and i am relieved (or so i thought).As soon as the cop arrives he goes to the guy who hit my car and suddenly its all smiles and "Anna-Anna"(brother-brother) and It seems they know each other. The cops then come to and since i am not fluent in kannada, the crowd around (say about 40 people..this was a bus stop!) all tell him its no fault of mine and that the other guy was speeding and suddenly jumped into the main highway from the left .

The cop tells me to move my car into the petrol pump upfront and out from the highway. By now.. my leg and arms had started swelling and i was in no position to do so. The car too...had three wheels punctured and the front left wheel was touching the body. He insists i do so and i make an effort. i drive into the pump on my rims and get out of the car to see the cop putting the driver of the car into an auto and send him off !

By that time few of my friends come rushing to the spot and i talk them through as to what happened. The cop then comes back and tells me i should get my car to the police station(Peenya Police Station) immediately. Again, the car was driven by friend on the rims to the police station(which is almost 3kms away). I reach there and i see the other car also parked there and the other person who was in that car talking to the SI and i am made to stand outside the station. Another guy comes there in 10mins and comes upto me and tells me he's a political leader from the place where the other car belongs to and asks me how much compensation i would be paying them.
I was totally dumbstruck and question him as to why i am to pay him for him coming and hitting into my vechicle. He threates my saying its karnataka and not to forget i am driving a "KL" registered vehicle. I keep my cool and move away.

The SI then summons me and asks me what is to be done. I tell him the whole story including the part of them replacing the driver. The SI asks them to summon the driver of the other vehicle to come and tell his part.
Shocked as i was, they bring an entirely different person into the room and tell the SI that he was the driver. I protest immediately saying the driver was a person who had a thick white beard and white hair. They tell me its this person and that i am lying . The police man who sent the driver away too is present in the same room.
I am too shocked to say anything and tell the SI that i want compensation for the damage on my car and nothing more or less.
The owner of the other car then calls me out and tells me that he was ready to compensate provided i tell the SI that i do not want to register an FIR.
I walk back into the SI's room and tell him i would talk to the owner and tell a decision. Once outside the station, the scene changes again. The above mentioned political leader guy comes and tells me they will pay me Rs.5000 compensation and that i am supposed to give them a letter saying i have no case to put on them.
I am dumbstruck and walk away.

Then God came to my assistance in the form of my friend and his elder brother, who happen to have many a no of factories in peenya.
He sees me there and stops his car and come out to me. I tell him what happened and he walks with me to the front of the police station. And then in what i would describe as something out of a movie, the political guy on seeing him from the other side of the road puts his hands together bows,then jumps into his car and leaves, all within the blink of an eye !
We walk into the police station and everything is now different, policemen jump up from the chairs and say "namaskara sir..ithu nimda brother aa ??"(Namaskar Sir..is he your brother?).
To Cut a long story short....Within 15 mins of friend's brother walking into the station, I have in my hand an FIR which clearly states that i was at no fault and that the other driver negligently banged into my car.Also, The other car was not having an insurance at the time of the accident. Mine having a third party insurance.

Its been more than a month since the accident happened and i was away at home...recuperating from a total of two fractures on my hand and a hairline fracture on my leg !
The Police impounded the car that hit me and then released it two days later.
Now i am to file a court case against this person and have no idea as to how i am to go about it !

My car has been almost repaired and i have spent close to a lakh on the deal.

Can someone suggest a good lawyer in bangalore who would be able to help me move ahead with the case ??

P.s: Since i know you guys would want pictures,attaching the one pic i took at the time of the accident.
P.P.S : Posting this from my iphone,really sorry if the indentations are not right !

MX6 · 28th October 2010, 15:05

What an amazing story Govind. The hunter becomes the hunted in a classic end. Shows to what levels cops stoop to in our good old India!
I was just pointing out in another thread about the clout people possess which determines who is right or wrong. What justice should have rendered to you, your brother's clout has. Sadly, had it been Aam Aadmi, I'm sure the remarkable end would have been entirely different.

I'm not sure about monetary compensation for such issues. Normally the third party insurance of the other guy should have covered your vehicle. It's going to be a long process.

Maximum the court would do is punish the other guy for driving without insurance I guess.
Try using your brother's clout to get an out of court settlement from that guy for the damages you incurred.

brraj · 28th October 2010, 15:34

Quote:

Originally Posted by MX6

Try using your brother's clout to get an out of court settlement from that guy for the damages you incurred.

. What ever happened is happened, If you need peace of mind do an out of court settlement.

Newpunter · 28th October 2010, 15:37

It's sad that we need someone with clout to get justice, even if you are completely in the right. No wonder the common man doesn't have any belief in the system. You were lucky that your friend's brother was passing by. I can't imagine how things would have turned if not for that. Seems like we need good contacts if you want to survive here :( .

kaushikr · 28th October 2010, 16:34

Sorry to hear about your ordeal and good to hear you are recovering.
About the legal aspect, as the FIR has been filed, it should be the police who take the case forward. AFAIK, you need not file a separate case as such. However, you will need a lawyer to follow up the case in court and help you get a good compensation either in/out of court. The in court process will usually take a long time though (a few years).

download2live · 28th October 2010, 16:46

Quote:

Originally Posted by gov626

something out of a movie, the political guy on seeing him from the other side of the road puts his hands together bows,then jumps into his car and leaves, all within the blink of an eye !
We walk into the police station and everything is now different, policemen jump up from the chairs and say "namaskara sir..ithu nimda brother aa ??"(Namaskar Sir..is he your brother?).
To Cut a long story short....Within 15 mins of friend's brother walking into the station, I have in my hand an FIR which clearly states that i was at no fault and that the other driver negligently banged into my car.Also, The other car was not having an insurance at the time of the accident. Mine having a third party insurance.

This is the best part of the story.
Though I do feel sad also thinking if it was not for your friend's bother what would the ending be.
To be a common man is the greatest crime one can do.

Get an out of court settlement. Legal system will get you nothing.

gov626 · 28th October 2010, 16:51

It's My Vehicle which has the third party insurance, the other vehicle does not have a valid insurance since 3 months or so it seems.

MY friend's brother is out of the country for the time being ,so the door is closed that way.

Its less about the money and more about getting justice. The guy basically tried all the tricks up his sleeve to make me pay him and the cops too took his side.
At 22 years of age, my faith in this democracy and its laws has been thoroughly shaken. It just got me wondering as to how a common man would have had to suffer if it had happened to him. Let alone, what would have happened if my friends brother didn't happen to come by at that point of time !

as for out of court settlement , i was willing for that and then the SI says Rs5000 and tells me the owner is a priest and god's right hand man, I replied saying me n god are chaddi buddies and i will convey the matter to him directly.

aargee · 28th October 2010, 18:09

@Govind, there's nothing much that can be done. The court will call up both of you guys & read out the FIR & ask the other person if the matter written in FIR is true or not. The other guy WILL say yes otherwise this case will become a never ending headache.

Once the other guys says yes, he's punished for the cases under which he's booked (sum of all fines applicable to those section). You can take a lawyer to the court for a moral support.

download2live · 28th October 2010, 18:16

Quote:

Originally Posted by gov626

At 22 years of age, my faith in this democracy and its laws has been thoroughly shaken.

Earlier the better. See THIS IS THE CONDITION. Period.
Learn to live with it.

prince_pervez · 28th October 2010, 18:59

I am so sad and sorry this happened w/o any fault of yours. We may be progressing towards technoligical apex and this and that but this is what it actually boils down to, survival of the fittest. You can subdue someone on the basis of power and if there is someone more powerful than you then you are at the recieving end.
Heres hoping you get a full refund for your loss. Democracy shemocracy, this is the plight of the commoner.

bhunu AMG · 5th December 2010, 23:31

hey Govind, very sorry to hear about ur incident.In India it is indeed a problem having some issues like this in other state..that is why it called, unity in diversity in present times

.
Now as per my limited knowledge, i gathered from my past accidents(obviously), the police FIR is just a case between the the culprit n the state n in this; the other guy will pay fines for rash driving n driving a vehicle with out insurancen walk away.So if you wanna get compensation for ur car n ur hospital bill then i think, you have to file a case separate from the former case n you have a big advantage in this coz the other guy is a primary culprit ; In India driving a vehicle with out insurance is illegal n having an acident means he will feel heat in his butts for sure n he will come up for out of the court settlement.

on Indian roads 'what ever doesn't kill me,makes me stronger' attiude is the best.
regards n take care buddy

murillo · 2nd October 2016, 10:23

Permit me to use this thread to clarify a few things - didn't find any dedicated thread for my issue.

I have sold my old car to a Hyundai dealer on Oct 2015 as an exchange for a new car. The dealer at that time has given me written undertaking that he is buying the car and relieving me of any future responsibilities with regard to that car. I have also signed the ownership change forms and gave them to dealer when I gave up the car to them.

Yesterday, I had received a legal notice from a person through his lawyer about an accident that happened around May 2016 involving this car given to the dealer. It seems that the person was hit with this car and sustained injuries and was claiming 9 lacs as compensation. The notice also says that I should appear in court, otherwise it will be decided ex parte.

I checked ownership details of this car using the VAHAN SMS facility. It still lists my name as owner. Hence, it seems the dealer has sold the car to someone, but didn't change the ownership.

So now I am concerned. Can anyone knowledgeable about this let me know how I should proceed with this? Will be highly appreciated. Thanks.

hserus · 2nd October 2016, 16:44

You can point out that the car was sold to the dealer and he has given you written undertaking absolving you. Produce that along with sale receipt that the dealer gave you through a lawyer and that should be sufficient.

This is a civil suit and sent on general principles just fishing for damages so the lawyer is perfectly happy to find a richer target viz a car dealer to soak for damages.

As it is a legal notice engage a lawyer to send a formal reply and mention that any further frivolous proceedings against you will be at the other party's own cost and risk (that is your lawyer will send him the bill for any future such notices)

murillo · 2nd October 2016, 16:57

Quote:

Originally Posted by hserus

You can point out that the car was sold to the dealer and he has given you written undertaking absolving you. Produce that along with sale receipt that the dealer gave you through a lawyer and that should be sufficient.

This is a civil suit and sent on general principles just fishing for damages so the lawyer is perfectly happy to find a richer target viz a car dealer to soak for damages.

As it is a legal notice engage a lawyer to send a formal reply and mention that any further frivolous proceedings against you will be at the other party's own cost and risk (that is your lawyer will send him the bill for any future such notices)

Thanks hserus.

I spoke with the used car manager of that Hyundai showroom. He asked me to send the scan of the deliery receipt they have given me and also the scan of the legal notice on WhatsApp. I have sent accordingly. I will go and meet him tomorrow at the dealership and check if someone will be presenting for this case on Tuesday in court.

What I think, I maybe wrong, the Hyundai dealer or a used-car dealer with tie up with the Hyundai dealer had sold the car but have asked the buyer to change the ownership by himself. I suppose these people have taken adequate documentary proof of sale to present to safeguard themselves - these people in this field should know more about this and would have seen such cases before.

Anyway it is worrying me and waiting to meet the dealer manager tomorrow.

hserus · 2nd October 2016, 17:12

I am serious here. Go INMEDIATELY to a lawyer and carry on any further correspondence on this issue through your lawyer.

28th October 2010, 13:52	#1
gov626 BHPian Join Date: Feb 2007 Location: Kottayam Posts: 34 Thanked: 15 Times	Accident--Legal Help Needed ! ! I really needed some legal advice on an accident i had and could'nt find the appropriate place to post it. Mods, Kindly move to the right place it belongs to. Thanks. Sept15 : I was driving my car(Mitsubishi Lancer) to college at around 9am at Jalahalli Cross, Peenya on the NH-4. I can see a Hyundai Accent Viva on the service road on the left (which is separated by a concrete divider) keeping pace with me. I was doing about 55kmph and going straight when it happened ! The guy spotted a missing spot in the divider and took the plunge into the highway and blindly crashed into my vehicle from the left side ! On impact, my car got lifted on two wheels and then went on crash into the main divider on the road and then fell back on four wheels.Within seconds a crowd gathered and a friend of mine who was right behind me on his bike pulled me out of the car. On first inspection i appeared unhurt and the car seemed to have taken most of the damage. Then the drama began, the guy who was driving the other car jumps out and starts yelling at me in kannada, and mind you , i have no idea what he is talking about. Another guy whose standing on my side of the crowd starts yelling back and sparks fly. I later come to know that he was yelling that it was my mistake and that he had put his indicator on. The crowd react saying its his mistake and i make an effort to call the cops.Cops arrive in a good 5 mins and i am relieved (or so i thought).As soon as the cop arrives he goes to the guy who hit my car and suddenly its all smiles and "Anna-Anna"(brother-brother) and It seems they know each other. The cops then come to and since i am not fluent in kannada, the crowd around (say about 40 people..this was a bus stop!) all tell him its no fault of mine and that the other guy was speeding and suddenly jumped into the main highway from the left . The cop tells me to move my car into the petrol pump upfront and out from the highway. By now.. my leg and arms had started swelling and i was in no position to do so. The car too...had three wheels punctured and the front left wheel was touching the body. He insists i do so and i make an effort. i drive into the pump on my rims and get out of the car to see the cop putting the driver of the car into an auto and send him off ! By that time few of my friends come rushing to the spot and i talk them through as to what happened. The cop then comes back and tells me i should get my car to the police station(Peenya Police Station) immediately. Again, the car was driven by friend on the rims to the police station(which is almost 3kms away). I reach there and i see the other car also parked there and the other person who was in that car talking to the SI and i am made to stand outside the station. Another guy comes there in 10mins and comes upto me and tells me he's a political leader from the place where the other car belongs to and asks me how much compensation i would be paying them. I was totally dumbstruck and question him as to why i am to pay him for him coming and hitting into my vechicle. He threates my saying its karnataka and not to forget i am driving a "KL" registered vehicle. I keep my cool and move away. The SI then summons me and asks me what is to be done. I tell him the whole story including the part of them replacing the driver. The SI asks them to summon the driver of the other vehicle to come and tell his part. Shocked as i was, they bring an entirely different person into the room and tell the SI that he was the driver. I protest immediately saying the driver was a person who had a thick white beard and white hair. They tell me its this person and that i am lying . The police man who sent the driver away too is present in the same room. I am too shocked to say anything and tell the SI that i want compensation for the damage on my car and nothing more or less. The owner of the other car then calls me out and tells me that he was ready to compensate provided i tell the SI that i do not want to register an FIR. I walk back into the SI's room and tell him i would talk to the owner and tell a decision. Once outside the station, the scene changes again. The above mentioned political leader guy comes and tells me they will pay me Rs.5000 compensation and that i am supposed to give them a letter saying i have no case to put on them. I am dumbstruck and walk away. Then God came to my assistance in the form of my friend and his elder brother, who happen to have many a no of factories in peenya. He sees me there and stops his car and come out to me. I tell him what happened and he walks with me to the front of the police station. And then in what i would describe as something out of a movie, the political guy on seeing him from the other side of the road puts his hands together bows,then jumps into his car and leaves, all within the blink of an eye ! We walk into the police station and everything is now different, policemen jump up from the chairs and say "namaskara sir..ithu nimda brother aa ??"(Namaskar Sir..is he your brother?). To Cut a long story short....Within 15 mins of friend's brother walking into the station, I have in my hand an FIR which clearly states that i was at no fault and that the other driver negligently banged into my car.Also, The other car was not having an insurance at the time of the accident. Mine having a third party insurance. Its been more than a month since the accident happened and i was away at home...recuperating from a total of two fractures on my hand and a hairline fracture on my leg ! The Police impounded the car that hit me and then released it two days later. Now i am to file a court case against this person and have no idea as to how i am to go about it ! My car has been almost repaired and i have spent close to a lakh on the deal. Can someone suggest a good lawyer in bangalore who would be able to help me move ahead with the case ?? P.s: Since i know you guys would want pictures,attaching the one pic i took at the time of the accident. P.P.S : Posting this from my iphone,really sorry if the indentations are not right ! Attached Thumbnails
	() Thanks

28th October 2010, 15:05	#2
MX6 Senior - BHPian Join Date: Oct 2009 Location: City of seven islands. Posts: 2,877 Thanked: 231 Times	What an amazing story Govind. The hunter becomes the hunted in a classic end. Shows to what levels cops stoop to in our good old India! I was just pointing out in another thread about the clout people possess which determines who is right or wrong. What justice should have rendered to you, your brother's clout has. Sadly, had it been Aam Aadmi, I'm sure the remarkable end would have been entirely different. I'm not sure about monetary compensation for such issues. Normally the third party insurance of the other guy should have covered your vehicle. It's going to be a long process. Maximum the court would do is punish the other guy for driving without insurance I guess. Try using your brother's clout to get an out of court settlement from that guy for the damages you incurred.
	() Thanks

28th October 2010, 15:37	#4
Newpunter BHPian Join Date: May 2010 Location: Bangalore Posts: 744 Thanked: 336 Times	It's sad that we need someone with clout to get justice, even if you are completely in the right. No wonder the common man doesn't have any belief in the system. You were lucky that your friend's brother was passing by. I can't imagine how things would have turned if not for that. Seems like we need good contacts if you want to survive here :( .
	() Thanks

28th October 2010, 16:34	#5
kaushikr BHPian Join Date: Sep 2006 Location: Bangalore Posts: 129 Thanked: 55 Times	Sorry to hear about your ordeal and good to hear you are recovering. About the legal aspect, as the FIR has been filed, it should be the police who take the case forward. AFAIK, you need not file a separate case as such. However, you will need a lawyer to follow up the case in court and help you get a good compensation either in/out of court. The in court process will usually take a long time though (a few years).
	() Thanks

28th October 2010, 16:51	#7
gov626 BHPian Join Date: Feb 2007 Location: Kottayam Posts: 34 Thanked: 15 Times	It's My Vehicle which has the third party insurance, the other vehicle does not have a valid insurance since 3 months or so it seems. MY friend's brother is out of the country for the time being ,so the door is closed that way. Its less about the money and more about getting justice. The guy basically tried all the tricks up his sleeve to make me pay him and the cops too took his side. At 22 years of age, my faith in this democracy and its laws has been thoroughly shaken. It just got me wondering as to how a common man would have had to suffer if it had happened to him. Let alone, what would have happened if my friends brother didn't happen to come by at that point of time ! as for out of court settlement , i was willing for that and then the SI says Rs5000 and tells me the owner is a priest and god's right hand man, I replied saying me n god are chaddi buddies and i will convey the matter to him directly.
	() Thanks

28th October 2010, 18:09	#8
aargee Senior - BHPian Join Date: Jan 2010 Location: TSTN Posts: 6,236 Thanked: 9,641 Times	@Govind, there's nothing much that can be done. The court will call up both of you guys & read out the FIR & ask the other person if the matter written in FIR is true or not. The other guy WILL say yes otherwise this case will become a never ending headache. Once the other guys says yes, he's punished for the cases under which he's booked (sum of all fines applicable to those section). You can take a lawyer to the court for a moral support.
	() Thanks

28th October 2010, 18:59	#10
prince_pervez Senior - BHPian Join Date: Dec 2006 Location: Redwood shores, CA, USA Posts: 4,210 Thanked: 51 Times View My Garage	I am so sad and sorry this happened w/o any fault of yours. We may be progressing towards technoligical apex and this and that but this is what it actually boils down to, survival of the fittest. You can subdue someone on the basis of power and if there is someone more powerful than you then you are at the recieving end. Heres hoping you get a full refund for your loss. Democracy shemocracy, this is the plight of the commoner.
	() Thanks

5th December 2010, 23:31	#11
bhunu AMG BHPian Join Date: Oct 2009 Location: coimbatore Posts: 91 Thanked: 57 Times	hey Govind, very sorry to hear about ur incident.In India it is indeed a problem having some issues like this in other state..that is why it called, unity in diversity in present times. Now as per my limited knowledge, i gathered from my past accidents(obviously), the police FIR is just a case between the the culprit n the state n in this; the other guy will pay fines for rash driving n driving a vehicle with out insurancen walk away.So if you wanna get compensation for ur car n ur hospital bill then i think, you have to file a case separate from the former case n you have a big advantage in this coz the other guy is a primary culprit ; In India driving a vehicle with out insurance is illegal n having an acident means he will feel heat in his butts for sure n he will come up for out of the court settlement. on Indian roads 'what ever doesn't kill me,makes me stronger' attiude is the best. regards n take care buddy Last edited by bhunu AMG : 5th December 2010 at 23:34.
	() Thanks

2nd October 2016, 10:23	#12
murillo BHPian Join Date: Aug 2011 Location: Chennai Posts: 98 Thanked: 55 Times	Re: Accident--Legal Help Needed ! ! Permit me to use this thread to clarify a few things - didn't find any dedicated thread for my issue. I have sold my old car to a Hyundai dealer on Oct 2015 as an exchange for a new car. The dealer at that time has given me written undertaking that he is buying the car and relieving me of any future responsibilities with regard to that car. I have also signed the ownership change forms and gave them to dealer when I gave up the car to them. Yesterday, I had received a legal notice from a person through his lawyer about an accident that happened around May 2016 involving this car given to the dealer. It seems that the person was hit with this car and sustained injuries and was claiming 9 lacs as compensation. The notice also says that I should appear in court, otherwise it will be decided ex parte. I checked ownership details of this car using the VAHAN SMS facility. It still lists my name as owner. Hence, it seems the dealer has sold the car to someone, but didn't change the ownership. So now I am concerned. Can anyone knowledgeable about this let me know how I should proceed with this? Will be highly appreciated. Thanks.
	() Thanks

2nd October 2016, 16:44	#13
hserus Senior - BHPian Join Date: Sep 2014 Location: Chennai Posts: 4,954 Thanked: 9,158 Times	Re: Accident--Legal Help Needed ! ! You can point out that the car was sold to the dealer and he has given you written undertaking absolving you. Produce that along with sale receipt that the dealer gave you through a lawyer and that should be sufficient. This is a civil suit and sent on general principles just fishing for damages so the lawyer is perfectly happy to find a richer target viz a car dealer to soak for damages. As it is a legal notice engage a lawyer to send a formal reply and mention that any further frivolous proceedings against you will be at the other party's own cost and risk (that is your lawyer will send him the bill for any future such notices) Last edited by hserus : 2nd October 2016 at 16:51.
	(4) Thanks

2nd October 2016, 17:12	#15
hserus Senior - BHPian Join Date: Sep 2014 Location: Chennai Posts: 4,954 Thanked: 9,158 Times	Re: Accident--Legal Help Needed ! ! I am serious here. Go INMEDIATELY to a lawyer and carry on any further correspondence on this issue through your lawyer.
	(4) Thanks