Accident query
Kumar
(Querist) 25 March 2014
This query is : Resolved
2 weeks back I had a small accident. I was driving my car in 40 and was turning right when 2 college guys in bike speeding came and hit me. The driver fell down and though did not have serious injuries, broke his front tooth (half) and the tooth next to it cracked. They were not wearing helmet. I got out of the car and though they were at fault, took them to a nearby hospital, did a first aid. The doctor advised he was ok. But as his friends insisted I took him to another speciality hospital and got an x-ray done to confirm no fractures in the jaw. The report came back negative. But during conversation and negotiating, accidently it slipped out that my car insurance had expired. Once the guys came to know this, they started demanding more money for expenses to repair the broken tooth. I told them to consult a specialist and let me know what could be the cost and I would do the best I can. 2 days no one called and after 2 days his friends called and told me that the buy was taken to Kerala by his parents (I am in tamilnadu) and admitted in a big hospital and doctor estimated the cost around 70000 and asked me how much I will pay. As I told him this was against what we had agreed on, I did not encourage their calls. ( I also had given my personal number to call and update me). Once I did not respond to their demands, they started calling and threatening me that they will go to the police and tell them that I had no insurance at the time of accident. But after the accident I immediately went and had my insurance renewed. So currently I have my insurance and this accident occured 2 weeks back. The guys are calling me weekly 2-3 times demanding compensation with threats (and they are engineering students) but I am not relenting to their demands. I once also told them to come to police station last saturday where we will discuss this in front of police and they did not turn up, but again called me twice today but I did not answer their calls.
So please advise what are the legal implications in this case and how should I proceed further?
Your advise will be greatly appreciated.
Sudhir Kumar, Advocate
(Expert) 25 March 2014
you should have taken him to Govt hospital.
anyway you were driving uninsured car. better get out of it. They were driving without helmet and can be fined rs 100 only.
as far as litigation is concerned they appear to have a contributory negligence.
advocate mukunda
(Expert) 25 March 2014
is the police complaint logged when accident took place.
is there any proff that the accident took with your car etc.
Rajendra K Goyal
(Expert) 25 March 2014
The boys were negligent but it would take time and would require witness to prove.
You were driving uninsured car, also irregularity on your part.
Try to have amicable solutions.
Kumar
(Querist) 26 March 2014
@advocate mukunda - No sir no complaint was logged at the accident place. The only proof is that they might have noted my car number other than that no proof.
Kumar
(Querist) 26 March 2014
Thank you all for taking the time to respond to my query.
T. Kalaiselvan, Advocate
(Expert) 26 March 2014
Once there is no complaint with the police about the accident on that day, now it is impossible for them to lodge a complaint especially at this juncture and the police will not entertain any complaint at this belated stage. Moreover, since they failed to turn up to the police station despite your call to them, there intention is very clear to extort money from you. In this, my belief is that the victim might not have been involved, only these college guys will be making an illegal demand for their merry making, so do not concede to their illegal demands, ask them to go ahead and inform them that you are ready to face them legally. They will run away listening to your stand.
Kumar
(Querist) 26 March 2014
@kalaiselvan sir - That' a relief and you nailed it bang on. More than the victim there are 2 friends who are persistently calling on his behalf and their motive is also very clear, hence I am not encouraging their calls. But is there any possibilities that they can go back and lodge a complaint in future, stating this insurance issue and what would be the consequences, if they did?
malipeddi jaggarao
(Expert) 27 March 2014
Just forget! Live peacefully. Nothing will happen!. Do not respond to their calls at all.
Kumar
(Querist) 27 March 2014
@malipeddy jaggarao sir - thank you sir. These words mean a lot as I was tensed for sometime not sure how to handle these guys. Your words are really a ray of hope :)
T. Kalaiselvan, Advocate
(Expert) 28 March 2014
@Mr. Kumar, Do not encourage or entertain their calls or their demands. They cannot lodge any complaint with the police at this belated stage, the police will not entertain any complaint especially in the event of thorough delay and no witness to the alleged accident that too after a lapse of such a long time, the police will not be able to make an enquiry and take cognizance of the offence, hence they will entertain such complaint, moreover the victim seems not interested, the third party cannot make a complaint on his behalf.
