Road accident- urgent advice solicited
Querist :
Anonymous
(Querist) 10 July 2011
This query is : Resolved
A friend of mine was involved in a road accident when he hit a vehicle from the rear with his car causing damage to both vehicles. According to him the driver of the other car braked suddenly with led to the collision. A police van in the mean time reached the spot of the accident. Thereafter, this person refused to accept any monitory compensation offered and made my friend sign a declaration that he would pay the bill of the repairs, which my friend signed as he was apprehensive for his own safety, it being late at night, the area where it happened presumed unsafe and some bias showed by the police to the other person. Now, even after about 6 months, no repair bill has been sent but veiled threats are made if the said amount is not paid.
My question is, under the circumstance, what is my friend’s liability- he was not under influence nor did anyone get hurt and killed in the incident. Both vehicles were supposedly 1st party insured and my friend got the repairs done through insurance, and the other party must have done the same.
Please advice.
adv. rajeev ( rajoo )
(Expert) 10 July 2011
If complaint is filed against your friend, he has to face the trial, if not then no problem.
On the basis of the FIR filed against your friend if case filed claiming compensation in MACT court then your friend will be held liable to pay the compensation ordered by the court if there is no third party insurance. If your friend is having valid insurance policy and driving license on the date of accident then your friend wont be held liable to pay the compensation.
Out of Court
(Expert) 10 July 2011
wht is th amount othr party claiming for..? Whether case has been filed by othr party..do ny physical injury sustained by either party.?
Querist :
Anonymous
(Querist) 10 July 2011
@Rajeev Sir, you said a person with a valid DL and insurance at the time of the accident is not liable to pay the compensation sought. How does that work? who pays?
Querist :
Anonymous
(Querist) 10 July 2011
@Out of Court- Amount sought is Approximately Rs 18000/- and there is no info of a complaint being filed, yet. No documents have been furnished so far that the repairs cost this much.
There was NO physical injury to any of the 2 parties or to any third party.
Is there a statute of limitation regarding the filing of a case?
