[abhipuru16]

Guys
I want to share this accident that took place on 20.10.2010, DAMN this date.

Me and my father (the driver at that time) were near a gap in median in our 3 month old Ford Fiesta 1.6S and were in midst of a right turn with an Auto parallel to us. Just as we were halfway through the right turn the auto slammed its brake and BANG!
A motorcycle driven by a man in his 60s hit the passenger side door. In my reflexes, I immediately got out of the car and within 30 seconds we put the old man in our car's rear seat with the help of some people who arrived almost immediately.

All this while, a policeman arrives at the scene (as the police station was 10 meters away) and he sits inside the car with us and takes us to the nearest hospital. The old man was conscious but had facial injuries only due to him not wearing a helmet.

The policeman noted down our names and address while on our way to the hospital. In the hospital, the policeman paid for the man's dressing and medicines required as we lied we didn't have enough cash, I'll tell you why.

After he paid for his medicines, we accompanied the cop to our place in lieu of giving him the money he paid from our side. There we tried to grease his palms to avoid him from "opening" a case. But, as shocking as it could be, this policeman refused to take a penny above the money required for the medicines and presented himself as the "wonder cop" and assured us he will do his best to avoid the other party from opening a case.

But, that was not to be.

The next day, my father received a call from some OTHER police station telling him about an FIR that has been lodged in his name. In the FIR, the injured has falsely mentioned that we hit him from behind and that we were speeding. But, all the damage in our car is on the passenger side door whose sheet metal was cut due to the motorbike's foot peg and a few dents on the rear door and a slight scratch on the rear window. There is absolutely no frontal damage on our car. And his bike also has frontal damage. Stupid man I say!!

My father comes back from his office in Delhi to report to this Police Station in Faridabad.

Their the Policeman asks my father whether he would like to settle this case outside the court. My father there on leaves for Fortis Hospital to meet the injured. There he meets his sons and tries to negotiate. But, all negotiations went futile with them asking for 1 Lakh rupees as compensation which was absurd taking into account the damage done. The old man would not have to pay for his medical bills in Fortis because he is an employee somewhere that makes him gain medical facilities free of cost from Fortis which is again a reason why we shouldn't pay him such a large compensation. We got to know this from a distant relative who works at Fortis. He was kept in the ICU for a day (as is customary with private hospitals) and then shifted to General Ward the next day and was reported to have only facial injuries. Within 3-4 days he was discharged. The injured belongs to Scheduled Caste and his sons appeared to be "nikamme" trying to pry out money from this incident.

So, my father decides to let the case continue towards court and his company appoints a lawyer to fight his case. He gets his bail in a couple of days, gets the mechanical inspection of the car done in which the inspector clearly mentioned, a dent on front passenger side door at the bottom.

As of today, we are waiting for the first hearing that would be held on 13th January. On this day, I think the charge-sheet would be read and my father would have to either plead guilty or defend himself.

I need your support and advice as to how we should go about it.

I have a few doubts.

1. The strongest point in our case is that the man was not wearing a helmet due to which he has suffered ONLY facial injuries. Is there anyway they could prove this fact wrong, like presenting a purposefully damaged helmet or something?

2. In the FIR they mentioned that we hit him at a fast speed from behind which is not true. The mechanical inspection of our car also suggests the same with all damage being on the passenger side. Is there any way they could prove this fact wrong wrongfully?

3. Fake-witnesses, can they come up with this?

4. Is there any way this man could "inflate" his medical report in his support?

5. And yes, the car would be surveyed tomorrow for damages. The repair work as I can see is-

(i) Replacement of passenger side front door.
(ii) Dry denting of passenger side rear door.
(iii) Replacement of Passenger side rear window.

Luckily, there are no deep scratches and the impact was centered on the front door. There were some rubber marks on the rear door as well caused probably by the rear view mirrors of the bike which I removed recently using rubbing compound.

Now, my question, I took the insurance from IFFCO-TOKIO provided by Ford. They are telling me that since their is an FIR registered and the originals of Driving License, RC etc. are not available, the cashless facility would not be available. Is it true?

6. I was told that in first 6 months of purchase of a new car, all insurance claims are 0% depreciative. So, do you think I would have to pay anything? I mean, why the "cashless, not cashless" fuss when in the first six months all claims are taken care of with zero depreciation.

Please help us with all the advice you can.

[pranavt]

What is the lawyer doing? Hire one who can get the case thrown out. There is enough evidence here.

[prince_pervez]

I'm sorry about your ordeal but, if I were you I would have lodged a complaint first as he banged your car. You have sufficient proof. Go ahead and fight it out in the court.
As you said the sons of the elderly are nikammas, rest assured they will have enough time to visit court and every session for that matter. In no way you should settle this out of court and give in to their demands. 1 L my foot, give him Rs 10 and ask him to take a hike in a rick back home.

When a guy hit my wife's car, he was at fault (wrong side of the road, and she had a broken bumper hanging). I feared something like this would happen and I went ahead and lodged a complaint to with the Police. One year has passed and nothing from anyone.

[dhanushs]

Hire a good lawyer. If dealt with well, with these many evidences, and a stupid FIR, you guys could well juice out other guys insurance.

Compensation for loss of valuable time, compensation for mental agony... and the list can be endless on the hands of a proficient lawyer.

[johnruben]

@abhipuru16, Sorry to hear about this incident, my suggestion is to talk with old man's family one more time and try to negotiate the cost to 10k-20k max and settle it outside the court or else your dad would be spending more time and money on lawyers and as you know these cases in india can drag up to 1-2yrs killing your peace and joy.

Remember, its really difficult to find honest and good people in this world.

[DRIV3R]

Very sorry to hear about this. This is what happens in a typical Indian accident.

For now, hire a good lawyer. It is always a good practice to click photos in case of any events like these, on the spot. Serves as solid proof against made up stories and also helps in Insurance claims.

Best of luck!

[abhipuru16]

Originally Posted by pranavt

Hire one who can get the case thrown out. There is enough evidence here.

How do you think it is possible? I mean, what would a good lawyer do in such a case?

Originally Posted by johnruben

@abhipuru16, Sorry to hear about this incident, my suggestion is to talk with old man's family one more time and try to negotiate the cost to 10k-20k max and settle it outside the court

That was exactly what we did twice or maybe thrice but they don't agree.

Originally Posted by DRIV3R

Very sorry to hear about this. This is what happens in a typical Indian accident.

For now, hire a good lawyer. It is always a good practice to click photos in case of any events like these, on the spot. Serves as solid proof against made up stories and also helps in Insurance claims.

Best of luck!

Good lawyer, again, what would a good lawyer try to do in such a case?

[jinojohnt]

I once had a car accident in which a 60 year old lady had minor injuries (no fracture). I took her to hospital and gave her all the money I had that time (800 Rs) for any medical expenses, but when her relatives started acting up the following week, I asked them to file a case.

This is my expense so far for that incidence:
1. 800 Rs given on the spot (now I feel I should't have).
2. One day leave for taking the car to the police station, have it inspected by RTO, and get 'arrested' and get released on bail after 5 seconds (I also had to produce two persons as surety). The RTO refused to accept 250 Rs because he was once a student at a college where dad was teaching some other subject.
3. One day leave after 6 months when I had to appear before court. 100 Rs to the advocate for representing the case (he didn't even appear - he gave his signature and sent his assistant).
4. Court asked whether I accept that it's my fault and I said "Yes, your honor". I was immediately fined 1400 Rs for rash driving (This would not be given to the lady, it is a fine to the government).
5. Now if the lady had to get compensation, she had to file a case against my insurance company, and I may have to go to Accident Claims Tribunal once for a hearing. But she didn't go for a case because the max compensation for such a case would be 1000 Rs.

I have never been bothered since. If I had opted for out of court settlement, the lady could still have filed a case within another 6 months saying "Now I have a head-ache, and I remember I had an accident 6 months back....". That means she could have forced me to 'Settle out of court' a multiple number of times.

[abhipuru16]

Originally Posted by jinojohnt

This is my expense so far for that incidence:
1. 800 Rs given on the spot (now I feel I should't have).
2. One day leave for taking the car to the police station, have it inspected by RTO, and get 'arrested' and get released on bail after 5 seconds (I also had to produce two persons as surety). The RTO refused to accept 250 Rs because he was once a student at a college where dad was teaching some other subject.
3. One day leave after 6 months when I had to appear before court. 100 Rs to the advocate for representing the case (he didn't even appear - he gave his signature and sent his assistant).
4. Court asked whether I accept that it's my fault and I said "Yes, your honor". I was immediately fined 1400 Rs for rash driving (This would not be given to the lady, it is a fine to the government).
5. Now if the lady had to get compensation, she had to file a case against my insurance company, and I may have to go to Accident Claims Tribunal once for a hearing. But she didn't go for a case because the max compensation for such a case would be 1000 Rs.

I have never been bothered since. If I had opted for out of court settlement, the lady could still have filed a case within another 6 months saying "Now I have a head-ache, and I remember I had an accident 6 months back....". That means she could have forced me to 'Settle out of court' a multiple number of times.

1. I am immediately relating to your post. This is exactly what has been happening with my father. Points 1 and 2 are done. Now, the first hearing would take place, what should we do? Should we accept the fault and pay the Penalty to the Government?

2. Secondly, for compensation, would there be another case? I mean, I didn't get this one.
You said they would have to fight it out with my insurance company, how would that happen? Do I risk anything here?

3. Looking at the "false" FIR, and some other points that are in our favour like absence of a helmet, shouldn't we defend it?

4. If we win this case, then, would we have to file another case against the insurance company for compensation due to all the Physical and Mental agony we had to face or the court would give instructions to the Insurance Company?

5. Would the maximum compensation in my case also be as meager as it was in your case, I think yes, what do you think?

[mallumowgli]

Originally Posted by abhipuru16

How do you think it is possible? I mean, what would a good lawyer do in such a case?



Good lawyer, again, what would a good lawyer try to do in such a case?

Thats why a good lawyer. We do not know what all twists a case can take. A good lawyer can look at all the loopholes the opposite parties can take advantage of and suggest the best option. If it goes to court the case will be a protracted one. Hence the best decision maker in this case will be a lawyer. If you have any friend/acquaintance practicing then that would be best.

Hope you have taken the photographs. Any witness from the scene ready to testify for you will also be good.

Wish you the best

[RaguHolla]

Originally Posted by abhipuru16

1. I am immediately relating to your post. This is exactly what has been happening with my father. Points 1 and 2 are done. Now, the first hearing would take place, what should we do? Should we accept the fault and pay the Penalty to the Government?

Yes. Do it that way.

Originally Posted by abhipuru16

2. Secondly, for compensation, would there be another case? I mean, I didn't get this one.
You said they would have to fight it out with my insurance company, how would that happen? Do I risk anything here?

All aciiedent case, there should another case, but against your insurance for claims for trauma. Your insurance details already taken when FIR is filed. I don't if u have to appear or not.

Originally Posted by abhipuru16

3. Looking at the "false" FIR, and some other points that are in our favor like absence of a helmet, shouldn't we defend it?

All said and done, one who is in smaller vechicle gets benefits always. This is the rule. Even if it the case that he is full drunk, and he just jumpped infront of your car deliberatively , court still finds case in his favor. But then again your insurance has to settle the compensation, not you. So don't worry.

Originally Posted by abhipuru16

4. If we win this case, then, would we have to file another case against the insurance company for compensation due to all the Physical and Mental agony we had to face or the court would give instructions to the Insurance Company?

You get nothing! If you are refereeing case against old man's insurance (Are you hopping that he has insurance, I greatly doubt. And then always they have we are poor drama anyway)? Even in this case, by rule smaller vehicle is no where at fault! So you get nothing from other insurance company.

Originally Posted by abhipuru16

5. Would the maximum compensation in my case also be as meager as it was in your case, I think yes, what do you think?

Maximum in case of death is 1 lakhs, and lose of limb, hand, etc etc is 10K (read your insurance coverage document), otherwise it is always the meager amount. This is by law. You are in this junction because, you went for settlement. This is biggest draw fault. you should simply told go to court. That would have deterred everything. You could lose your license, if you are found driving drunken ( FIR should mention this, can't be added retrospective in FIR). I suggest not to bother about claiming from insurance. If you win the case, they must register a driving dangerously against oldman, and fine him Rs 1000.

All these results in no NCB for next year insurance premium. That anyway is the case as you already claimed insurance for damages. So don't worry, go ahead and ask them to go to court.

[jinojohnt]

Originally Posted by abhipuru16

1. I am immediately relating to your post. This is exactly what has been happening with my father. Points 1 and 2 are done. Now, the first hearing would take place, what should we do? Should we accept the fault and pay the Penalty to the Government?

2. Secondly, for compensation, would there be another case? I mean, I didn't get this one.
You said they would have to fight it out with my insurance company, how would that happen? Do I risk anything here?

3. Looking at the "false" FIR, and some other points that are in our favour like absence of a helmet, shouldn't we defend it?

4. If we win this case, then, would we have to file another case against the insurance company for compensation due to all the Physical and Mental agony we had to face or the court would give instructions to the Insurance Company?

5. Would the maximum compensation in my case also be as meager as it was in your case, I think yes, what do you think?

Answers to your points below:

1. Depends on how much time you have. If you accept your fault, the only expense is what I mentioned above. Please note that this is the case where the 'victim' is not injuried much. If the victim is seriously injured or dead, the fine may go up, so generally people do not accept fault in such a case. If you do not accept your fault in the first hearing, it would be a normal case where you have to appear for every hearing, until the case is closed (this generally takes years).

2. The first hearing that I mentioned is at the normal sessions court where the honorable court asks you "Do you accept your fault". If you do not accept your fault, the case goes on till it is determined whether it is your fault or the 'victims' fault.
The second hearing that I mentioned is from a different court - The Motor Accident Claims Tribunal. Here is the process:
After you 'accept your fault' at the sessions court, the 'victim' files a case at the Motor Accident Claims Tribunal, demanding compensation for his injury, and mentioning that the driver has 'accepted his fault' at the sessions court.
You may be called for the first hearing, to verify whether you still accept that it's your fault and to narrate the incident. After that, the case goes on between the 'victim' and the insurance company, and you will not be called further. If the court awards compensation for the victim, the insurance company would need to pay it. You don't need to pay anything.
Generally the 'Claims Tribunal' cases take 10 years to close, so 'victims' do not go for this unless they would get a huge sum. For minor injuries, they would get only less than 1000 Rs as compensation (this is why lawyers are not interested with 'minor injury victims' if you accept your fault at court).

3. You may defend, if you have the time. You would need to go for every court hearing, and you would not be allowed to sell your vehicle till the sessions court case is closed (even if it takes 10 years). I was called for the first hearing in 6 months, so I was free to sell the car after I 'accepted in court' that time itself.

4. I guess you would need to file a separate case against the insurance company of the 'victim driver'. Be prepared to spend 10 years and lots of money as lawyer fees.
A better option would be to claim insurance from your own company (you may lose some no claim bonus, but you save time). I am not very sure whether you can claim your own insurance if there is a case - check with some one you know. Never approach a lawyer whom you don't know, because many are out there to take monetary advantage of your ignorance.

5. If there is not even a fracture, I guess the compensation would be very less (In my case, the 'victim' did not even file a case with the Claims Tribunal).

[pranavt]

Originally Posted by RaguHolla

All said and done, one who is in smaller vechicle gets benefits always. This is the rule. Even if it the case that he is full drunk, and he just jumpped infront of your car deliberatively , court still finds case in his favor.

Sorry but that is not true.

Originally Posted by abhipuru16

How do you think it is possible? I mean, what would a good lawyer do in such a case?

Get the case thrown out and scare the people into believing that you will file a countersuit for harassment, extortion, threats and mental agony. Do not talk to them. Not once. Hire a good lawyer and communicate through him/her.

At the end of the day, it is your time and money and I can only offer you advice.

[abhipuru16]

1. Absolutely, there wasn't even a fracture or anything, just facial injuries due to him not wearing a helmet. I mean, there is no point winning such a petty case, even the Court wouldn't be interested.
What we are thinking is to pay the fine to the Judge for Rash and Negligent driving and have my dad walk out as a free man.
Let that stupid, old man fight with my insurance company for 2000 rupees as his compensation. Does this sound OK?

2. And, one more thing, when my dad accepts his mistake, does he get to take the original documents like his License, car's RC, Insurance Policy etc.? What is that procedure like?

3. Also, while that stupid man fights it out with my Insurance Company, which I think he wouldn't, would there be any restrictions in any of my future Insurance Claims
while his case goes on?

4. I am actually intrigued at his demand of 3Lac Rupees to my Insurance Company. Is it justifiable?

We for that matter don't even feel like giving him a penny due to all the tensions we had to go through!

[Ragul]

My insurance agent (Royal Sundaram) told me that the company would handle all legal matters and contest an unreasonable claim. I think he meant, their lawyer would handle it.

Did you check with your insurer?