Niki 11 March 2018

Accident case- accused not ready to negotiate

Im a 25 year old female who was hit by a car from back due to utter negligence of driver. I suffered several injuries on my hands, legs and head but thankfully nothing very major. My vehicle, on the other hand, is totally salvaged. As advised by the relative of the criminal and my parents(who stay in hometown), i did not file a FIR at the day of incident against the old man who is the owner of the vehicle. After a week of my recovery, the old man refuse to help me with any kind of compensation, instead he is accusing me of all the mishap. Kindly advise how to go about this case and how to officially file a complaint against the hitter and get compensation of all the physical and mental damage i have been through. Currently, my mental state is affected due to the shock of the accident and the kind of expenses i have to bear due to damages on my body and vehicle, without me being at fault. Please advise asap.

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3 Replies

Adv Deepak Joshi +917017821512 (Advocate) 11 March 2018

Firstly you need to come up from shock and trauma then only you can be guided.

Niki 11 March 2018

Thanks for showing concern. When i say "my mental state is affected", I meant my ability to not take correct decisions. Kindly guide on that.

Vijay Raj Mahajan (Advocate) 12 March 2018

The matter should be referred to Police at that point of time and you should have gone to hospital where medical legal case (MLC) should have got referred by the doctor and recorded by the Police Investigation Officer (IO).

You may still report the matter to the police with your medical report and the damaged vehicle. The details of the person who hit your vehice should be provided to the Police. The FIR should be insisted to be registered against the Oldie who did all this damage to you.