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Hit and run - my vehicle repair

(Querist) 11 June 2024 This query is : Resolved 
A guy hit and run my vehicle and I have filed a FIR against him and this guy is not absconding. Where can I file for a claim to repair my vehicle. This guy hit and run and my Vehicle is damaged and I need to pay for damaes caused by others is unreasonable.
T. Kalaiselvan, Advocate (Expert) 11 June 2024
If your vehicle is covered under insurance, you may approach insurance company and apply for compensation claim.
Advocate Bhartesh goyal (Expert) 12 June 2024
Yes if your vehicle is insured then you can claim compensation from insurance company.
Partha P (Querist) 12 June 2024
But that will increase my premium of payment and I loose my No claim bonus next time. For no fault of mine I have to shell out extra money but the Offender is on loose. Iam the victim of accident and also have to bear loses the state will not happen it is as if there is no law of land.
T. Kalaiselvan, Advocate (Expert) 12 June 2024
You cannot avail all the benefits together, you may have to lose on one side if you want to avail the higher benefits
P. Venu (Expert) 12 June 2024
You have option of proceeding against the offending vehicle if the Police is able to bring to book the offending vehicle.
Partha P (Querist) 12 June 2024
@ Kalaiselvan Sir Thanks for the reply. What higher benefits can I get and from whom ?

@Venu Sir - Thanks for your reply. I have filed a FIR it is more than a month police have not communicated at all I have lost hopes with police. Will the state do anything for having a hopeless police force. Very disappointed to be a tax payer. We pay even for others mistakes and shortfalls.
In your query, you mentioned, "the guy is not absconding". Was it a mistske while typing?
kavksatyanarayana (Expert) 12 June 2024
Did you know that guy or can you recognize him? On filing of FIR, is the police investigating the case?
Partha P (Querist) 13 June 2024
@Sviaramaprasad Sir - Thanks for the reply. Myself did a background on the vehicle owner who was also the driver of the vehicle when he hit me for his mobile number and found it but when we called he was not answering police tried to call him on an alternative number but he has all his phone numbers switched off that is why he is called as absconding. As per law any person who involves in a hit and run case if we wants to contest he has to come to police station and talk but whereas in my case he just fled and not reachable so he is absconding.

Kavksatyanarayana Sir - Thanks for the reply. Yes I can recognize the guy because after the incident he got down from the vehicle and was arguing with me at that I took many pics and videos of the guy. I even called police and the police station was just 2 Km away and police told they will come this guy was also there on the scene for 25 mins after which he told I know police can't will not come and if you want file a case and no can touch me. His words turned out to be true. I ran a background check on his Tata ACE registration number and found he has about 11 outstanding violations his insurance has expired his vehicle was not fit for driving etc. I guess he gets away by paying bribe and police also considers as a person for their income and that is why were discouraging me from filing FIR and want him roam free so that they could make money.
T. Kalaiselvan, Advocate (Expert) 13 June 2024
You should have a control over your imaginations.
All are equal before law.
He cannot continuously evade the law or violate the law and escape.
His vehicle number is there, the police can pounce on him if he is not responding
With the vehicle registration number,the police can trace the owner and legal action can be initiated against him.
You may concentrate on your relief alone and not beyond that.
Partha P (Querist) 13 June 2024
Kalaiselvan Sir - Thanks for the reply. Iam waiting for the police to catch him hope it will happen soon. But the bad part of all this is I have to spend for repairs for others mistake. Do not know why Govt collects such hefty taxes when it can't even help innocent and law abiding people.
I will not be surprised if I see the culprit again driving on the same roads.
P. Venu (Expert) 13 June 2024
Instead of following the legal options available, you, too, have adopted a hit and run policy vis-a-vis the law and its procedure. As such, no meaningful suggestion is possible.

Or, could be there are deeper issues.
I agree with Shri T. Kalaisevelan.
Partha P (Querist) 14 June 2024
Venu Sir Thanks for the reply That is what I have been asking what are the options available from Govt to pay for my repairs. Couple of things are already clear Myself or anyone for that sake knows that Insurance covers vehicle repairs so that is stating the obvious. I have also been driving vehicle for 25 years now in several countries. 2) Filed a FIR law will take it own course and time. But who will pay for others fault it seems it is myself. Because of Offenders fault my insurance premium goes up and also I loose NCB. It seems no choice. Yes Indian roads are filled with violators and our fate and luck should be good to get on to raod and reach back home without problems. Only God can save this country.

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