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Fir filed improperly

My car was involved in an accident with a bike which came in a wrong side of the road with high speed.My car got damages. The bike rider also suffered some injuries. He filed FIR against me, stating wrong information about the incident alleging mistake on my part. Now I am in receipt of a claim from Motor accidents Claims Tribunal with Insurance company as first party and me as the second party, with a claim if Rs.15 lacs. Incudentalkt, in FIR he stated the date if accident as the next date whereas the hospital record shows date if admission as the original date. Hospital charges is stated as Rs 1 lakh.                    Please advise the course I'd action on my side.


 4 Replies

T. Kalaiselvan, Advocate (Advocate)     19 June 2024

The insurance claim will be settled by the insurance company.

The insurance company advocate will take care of all the technical defects in this regard.

You are just a respondent hence you may remain silent if your insurance was in force as on the date of accident

P. Venu (Advocate)     19 June 2024

You can bring the matters to the notice of the Insurance Company and its advocate.

How is the facts posted related to the FIR? May be the FIR may disclose different information.

Moreover, have you lodged FIR? Admittedly, it was the other party who was negligent.


FIR was filed by the other party. However, the date of accident is noted as the next day of the accident.

Dr. J C Vashista (Advocate )     20 June 2024

If the biker had hit your car, why did you not get FIR registered against him (biker) ?

Insurance claim can be settled amicably but may be recovered for contributory negligence of biker, if proved.

What is the opinion and advise of your lawyer, which you should engage if not earlier ?

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