Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Arun   01 October 2018

Road accident

Hi Sir, I met with an accident in the month of May 2018 . During that time me and my wife was in the car. I hit another car and there were people injured . I took all the expense to take care of them. Under a mutual agreement in a plain paper both parties agreed not to do any police case. So, the police did a general diary and gave me a challan of over speeding. Post that till date I have been paying them for whatever they asked for due to their injury. Now as one of the clause written in that blank sheet which was signed by both parties...it was written i will take care of the extra expense over and above of the insurance claim they get for the car. All the parties associated with the accident are fit and fine . To that extent one of them is presently out of India . Now as per the other party they had a total loss of the car . And from their insurance they received an amount. Now they are claiming from me the rest of the amount that is difference between what they got and the actual price of the car when they bought it in May 2016. Now my question is - can i be part of any legal issues due to this and secondly am i suppose to pay them something for the car over and above what they got.


Learning

 6 Replies

Adv Deepak Joshi +917017821512 (Advocate)     01 October 2018

Dear querist,

 

Dnt pay anything to them, people take kindness of someone for granted, accident can happen to anyone. As you have already paid the medial expenses, now asking for the difference price of car which they bought in 2016 is absurd.

 

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

Arun   01 October 2018

Sir, 

Thanks so much for your prompt reply. For last 5 months i was in this dilema . Just one quick question , can i get into any sort of legal problems due to this ... Thanks again for your kind words. 

Adv Deepak Joshi +917017821512 (Advocate)     01 October 2018

Dear Arun,

 

As per your statement they are asking for difference in car price at which they bought and amount given by insurance company for total loss. If their case accepted then is very technical as the deprecation of car need to be accessed as they bought car in 2016 and accident happened in 2018.That cannot be done now.

Insurance company has already paid as per IDV (Insured Declared Value) value of car.

 

So you dnt worry nothing will go against you.

 

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

Martin S.   01 October 2018

Whether something will go against you or not depends on the intentions of the opposite party.

You have paid, you have agreed to pay over and above just to avoid court case. Then just pay.  Dont listen to people and take some other decision of not pyaing now.

Depreciation etc all that is court matter.  If they go to court, even if you have paid them all expenses etc for court to just hear your story it will take 2-3 years.  You might as well succeed in proving your point, by that time it will be 5-6 years.  That would destroy the original purpose for which you agreed to do pay them out of court is it not?

Just pay them and get rid of them. Even after paying if they do maskari then hire some young advocate who can take care of the case for next 5-6 years and fight the case.

99% this will be over soon.  If you dont pay it will drag on for next 5-6 years.

(

Arun   02 October 2018

Thanks Mr Martin for your advise.... 

I totally get your point but the difference amount that they are asking is preety high which is around 1.5 lakh so I am not able to decide how to deal the matter .... Coming to the point of paying- yes I paid everything they asked for their treatment but now they are asking for their car. And as per our written agreement - i will pay the differntial amount between the repair cost and what is paid by insurance. What insurance paid is for the total loss which is again a good amount. Now what i am confused is does it hold any case in the eye of law and if so would be criminal case or civil case. Finally, how do you experts want me to deal the matter. Do i go in a negotiation table with a lawyer with them or we do it from our end. 

Martin S.   02 October 2018

Originally posted by : Arun
Thanks Mr Martin for your advise.... 

I totally get your point but the difference amount that they are asking is preety high which is around 1.5 lakh so I am not able to decide how to deal the matter .... Coming to the point of paying- yes I paid everything they asked for their treatment but now they are asking for their car. And as per our written agreement - i will pay the differntial amount between the repair cost and what is paid by insurance. What insurance paid is for the total loss which is again a good amount. Now what i am confused is does it hold any case in the eye of law and if so would be criminal case or civil case. Finally, how do you experts want me to deal the matter. Do i go in a negotiation table with a lawyer with them or we do it from our end. 


You dont take lawyer.  That defeat the purpose of what started in first place.

You pay what they want, try to negotiate, lessen the 1.5 to 75000.

That way its better. Pay and get rid.  Involving lawyer will directly end you in lot of problems.  If they take money and still are greedy, then you contact lawyer and file case agasint them.  Not now.  Finish off the matter by paying money.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register