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Naveen (Self)     20 October 2014

Unusual accident case

Hi, We are caught in an unusual situation, and I need guidance on the same. My son, who is 19yo and has a valid licence, got involved in an accident a few days back. He was driving his car small car, alone in the small lanes of South Delhi, when an SUV came at a speed from a blind lane and both got hit. The impact was such that my car got damaged in the front, and SUV on the door. but since the SUV driver could not control the car, hence it topled over another parked car which was a 2008 model sedan. Fortunately, no one got injured in this accident, Since it was night time, police came in and a complaint was noted. Then a compromise was also done between the two people involved. It was signed by both parties. The cars were released and allowed to go. Now the twist happened on the next day, when the owner of the third car, which got hit by the speeding SUV went to the police and asked for compensation of his damage. My son was called in and was asked to pay for the damages of the third car. Since I saw no reason in that persons unresonable demand of a huge sum of money, I refused to pay him anything, and asked him to take it from insurance. He has applied to insurance for his damages and is claiming total loss of his 2008 model car. Now since i refused to pay to his extortion or black mail (He said, if you do not pay I will file an FIR against your son) he has gone ahead and filled a complaint to the police. My question is, 1. What section will me son be booked in? 2. Being from a simple family, all are afraid of going to the police, saying that the young one will unnecessary be harrased, Shall i bow down to his demands? 3. If at all a case is made against my son, will he be arrested? 4. What is the procedure that police will follow now? An early reply from anyone learned here will really help me. Regards,


Learning

 2 Replies

Sudhir Kumar, Advocate (Advocate)     20 October 2014

nothing unusual.

 

It is a case of multiple damage.  Had the accident not been there the third car would not have damaged.  your version indicates that the second car SUV was hit so badly that it trampled on to third car.  So the owner (or insurer ) of either (or both) car has to bear the cost.

 

But he can inly demand from you the cost of damage in excess of amount paid by all (or any ) of the three insurers.

Sudhir Kumar, Advocate (Advocate)     20 October 2014

1. What section will me son be booked in?

Ans : That purely depends upon the facts reported to the police.

 

2. Being from a simple family, all are afraid of going to the police, saying that the young one will unnecessary be harrased, Shall i bow down to his demands?

Ans : Being afraid will not help.  You may be afraid but police is not afraid of coming to your house.

 

3. If at all a case is made against my son, will he be arrested?

 

Ans : Probably release on bail immediately.

 

4. What is the procedure that police will follow now?

Ans : If you do not compromise the the police will register FIR, release accused on bail and when the get time submit chargesheet to court and also report to MACT.  The owner of third car will file claim before MACT.


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