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Cardrive (A)     11 August 2013

Road accident

Background:

i hit a two wheeler from behind while driving my car. The two wheeler was driven by a father and ridden pillion by his daughter. I immediately took her to the hospital and her brother in law was waiting for me in the hospital. I dropped her off and he took her inside. He took a photo of my car license plate, and he has my name, phone number and my workplace info. Although her injury seemed minor, hea called me up asking me if he wanted me to go ahead with police complaint or settlement. I said settlement 'cos I thought there'd be a lot of running around. He's an advocate. And now he's demanding 30k but when I asked him to show me the hospitalization reports he's denying that. He said I should pay for every work day that she loses because of this incident. The car is a used car bought by may friend. He's applied for his clearance certificate and is yet to receive the same. Under current conditions, I have the following doubts:

1. What if I just ignored him? What if I denied that I was involved in the accident in the first place?

2. What if he files a complaint? And what is the procedure that I need to go through?

3. Will the insurance company be useful to keep in touch with in such cases?

4. Can he claim losses for the work days lost?

5. Will this affect my visa processing?

6. I know that hospital requires you to sign off that you're not willing to lodge a complaint. Would that still be applicable?

7. What is the best thing to do for me. I this case? I don't want to pay 30k, I can pay 5k cos I know that the injury is very minor.



 2 Replies

Sudhir Kumar, Advocate (Advocate)     11 August 2013

1. What if I just ignored him? What if I denied that I was involved in the accident in the first place?

 

Ans : you may not have been able to deny accident. 

2. What if he files a complaint? And what is the procedure that I need to go through?

 

Ans ; It is you will get bail.

3. Will the insurance company be useful to keep in touch with in such cases?

Ans : Yes they have to. Even if the two wheeler's insurance company will provide.

4. Can he claim losses for the work days lost?

Ans : Yes

 

5. Will this affect my visa processing?

 

Ans : No criminal case is registered as yet.  If registered,it may.

6. I know that hospital requires you to sign off that you're not willing to lodge a complaint. Would that still be applicable?

 

Ans : Check from hopspital

 

7. What is the best thing to do for me. I this case? I don't want to pay 30k, I can pay 5k cos I know that the injury is very minor.

 

Ans : Let hjim prove claim before MACT. In the court she will be witness andliable for cross-examination which he will also be aware. The insurance company of the car and two wjheeler will also be a party. May be he has claimed relief from his owninsurance co.

Cardrive (A)     11 August 2013

Thank you Sudhir for your prompt response. Under the current circumstances how do you suggest I proceed? If at all we agree on a settlement then, what are the documents I need to get signed frm him to confirm that I'm not liable anymore?

Also, how long after the accident does he have to lodge the complaint?
In the hospital if he has written denied police complaint then what is the procedure?

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