A case study
Guest
(Querist) 12 February 2014
This query is : Resolved
I had given my car for rent for a day to my friend. it met with an accident and no person were injured,no FIR registered.i claimed for insurance with GD entry from local police station as me driven the vehicle at the time of accident.My friend accepted his fault and agreed to pay me the full repair cost. now the vehicle is ready to be delivered but now he is not willing to pay any money. i had a 100 rs stamp duty paper signed by him with his thumb impression. but it is blank. can i do anything with this to get money from him. the vehicle repair cost goes aroung 1.25 lakh. i had no idea. can any experts help me? what can i do now?
ajay sethi
(Expert) 12 February 2014
you have before cops mentioned you were driving vehicle and lodged insurance claim . however it was your friend who was driving the car .if your friend is refusing to bear repair cost pay the same and take delivery of vehicle . you cant hold your friend responsible now in view of your statement made . we do not advise filling in the blanks on stamp paper signed by your friend
Rajendra K Goyal
(Expert) 12 February 2014
Claim your repairs from Insurance. Filling blank signed Stamp is not advisable.
Guest
(Expert) 12 February 2014
Please don't be offended, if I say that your act seemed to be intended to get double advantage dishonestly even out of your car accident, i.e., (1) getting claim from insurance company for repairs of your car, and (2) recover the cost of repairs from your friend also in addition to the claim from insurance company.
In fact, you have left the evidence on record of the police, may be false, that you were driving the car, none else. So, you have absolved your friend from all responsibilities to bear with the cost of repairs. Now, if you enter any text in the blank stamp paper of your friend to involve him with the accident case, you would be inviting troubles for you only, as with that you would be contradicting your own statement given to police. You would neither be able to prove any offence on the part of your friend, nor be entitled to any insurance claim. Rather, likelihood of yourself getting booked with the offence of deciving the insurance company and making false statement before the police cannot be overruled.
Guest
(Querist) 12 February 2014
i dont wish any double benefit. my insurance amount is sanctioned. but i have to pay an addition of 30 thousand rupees to the workshop after depreciation from my insurance company. my friend agreed to pay that depreciation amount at the time of accident. as the sum of depreciation amount is unknown at that time he gave me a blank stampduty signed by him with thump impression to assure me that he will not escape from giving me the money. now he is not willing to pay and when i asked for it he is challenging me to go court and file case and do whatever i can. this is the situation here.
Guest
(Expert) 12 February 2014
There is a lot of difference between the present information and that contained in your original query. If you don't give the barest required information, anybody can doubt your intentions. You did not mention what amount of claim was admitted and for the balance your friend assured you to pay.
In second para of my earlier reply I have already made mention of the result of contradictory text as against the accident claim/ statement to police, etc.
Better try to settle amicably with your friend without trying for any manipulation.
Guest
(Querist) 12 February 2014
thanks for your valuable advise sir.
sir,i will try my level best to solve the issue amicably but if he is not willing to pay any amount can i file a summary suit with the property in hand. will this stand in court or will i fail?
Guest
(Expert) 12 February 2014
Depends upon how effectively the case is presented in the court of law.
V R SHROFF
(Expert) 16 February 2014
gET UR INSURANCE MONEY.
yOU HAD TAKEN RISK BY GIVING CAR TO UR FRIEND, AND INSURANCE COMPANY SUFFERED DUE TO UR NEGLIGENCE.
Now better pay for your negligence, and false statements.. You deserve to be punished..
Keep such friends away, you betray you, after using your car and using you..
Learning such lession cost it's tuition fees too. Pay it with grace.
V R SHROFF
(Expert) 16 February 2014
Such lesions will save you Lakhs in future.
ajay sethi
(Expert) 16 February 2014
dont file any summary suit if your friend dosent pay . if staements made to cops is relied upon by your friend you will lose the case . besides insurance company will file case against you
T. Kalaiselvan, Advocate
(Expert) 16 February 2014
