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Heirtami Laloo   26 June 2022

hit from behind in car accident

suppose there's is no car at anything else in front of A and A break immediately and then B hit the car of A from behind.....can B win the case?????


Learning

 12 Replies

N.K.Assumi (Advocate)     26 June 2022

This Forum is not for Day Dreamer.

being moral   26 June 2022

Only A is responsible for breaking things immediately and arbitrarily. If he breaks things middle of the road he is perhaps insane.

Pradipta Nath (Advocate)     26 June 2022

There is no guarantee that either B or A will win the case, but there is guarantee that only one will definitely will win the case.

Kishor Mehta (CEO)     27 June 2022

According to the driving rules, the driver of following car B is supposed to keep safe distance at all times, hence in this case B car driver is at fault. 

Dr J C Vashista (Advocate)     27 June 2022

The query is hypothetical and fabricated starting from the word "suppose" means not true / real.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 June 2022

Hypothetical questions can also be asked here in order to educate oneself.  If I am a driver I would like to know what the law is. Normally the law is as Mr. Kishor Mehta says. But often the police chargesheet the vehicle in front, which is not correct. My son had such a problem in USA. As it was a small fine he did not contest. The driver of the vehicle in front can claim damages from the insurer of the vehicle behind. But insurance companies always contest and it is difficult to get compensation.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     28 June 2022

It is called sleep apnea. Consult a psychiatrist.

Kishor Mehta (CEO)     28 June 2022

It is not advisable to seek remedies for chronic or acute maladies on online platforms, it will be in the interests of the queriest to immediately consult a medical expert. 

Moksh   25 January 2023

I dont hit any car from Behind A Car going in my front and sudden that car hits divider in night in Rainy day . Car B immidiatelly Me behind also turn towards divider that my car not hit front Car . but driver of car A died in accident .. In police report i seen they written hit from behind .. and they filled 289/337 againt my driving .. What will happened i am afraid..

Moksh   26 January 2023

Sir

We were 5 passengers in the car at that time and we took photos of that car in the morning and that car was clear and not any dent in that car from behind. We also made a video of my car at the spot that showed we hit it with the divider. I have insurance and also a licence. In that car next to us were 4 Passengers one of them died and the other 3 are alive but we didnt met with them till now. The accident happened very far from my city, about 350 KMs. Nobody knows us there. I have four witnesses in my car . I am telling you what the police wrote in the FIR. Please take a look.

 

Sir , Brief facts of the case are that at this time an information recieved at this police station through reliable sources that one car bearing ..... No which may driven by its driver namely Ankit Kumar R/o .............. with rash and negligent manners on its way to dehli from haryana with rash and negligent manners at about 19:45 Hours when he reached near x Morh, the driver of said vehilce failed to control over the speed of his vehicle and hit with divider near road side, in the meantime other car bearing No. ........ driven by Amit with rash negligent manners coming from same direction and hit with car bearing No. 3333 Passangers having .... 1. Sunil 2. Roopak 3. Suman 4. Arti  got injured and shifted to hospital for treatment. On this information Case FIR No. 5/2023 U/s 279/337 has been registered at this police station and investigation of the case entrusted to Sh. Ak Mishra . Copies of FIR will be submitted to the cocerned quarters accordingly.

 

Sir Please suggest me i dont want to be any court case any more . I dont even told my parents about all this .

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 January 2023

As I understand that there were 2 cars one behind the other. The car in the front had 4 passengers. You along with 4 others were travelling in the car behind. You were drivig the car.  The car in the front hit the divider.  Your car also hit the divider but did not hit the car in front. One person in the car in front died. Did he die on the spot or died later in hospital?  Was he driver  of the car? If he was not the driver was he on the front seat or back seat? Did that car have air bags? Did they open? Were you or any of your passengers injured? Did you take treatment in the hospital?

You have taken photo of the front of your car and rear of the other car. Preserve the photographs with record of date and time. You report the matter to your insurer and ask their surveyor to survey the damage and give a report. Wait for the actual repair. The investigating officer from the police may come to you. After his examination of your car get a written permission from him to repair the car.

As a person in the car in front died, this would become a police case and you cannot avoid going to the court. The relatives of the deceased also may join the case. You may get a charge sheet in due course. What can be done further will depend on the chargesheet. I suggest that you engage a lawyer who has experience in motor accident cases.

 

 

 

Sudhir Kumar, Advocate (Advocate)     27 January 2023

Please disclose facts.             


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