i strongly agree with ur opinion & actually this is what happen in india… The indian police always don’t want to investigate the case and find such accidental case very easy to solve as they don’t have to do anything…they always make bigger vehicle as offending one…

same is with our judiciary ,.. when accident claim cases filed before tribunnal they presume that always the negligence is of bigger vehicle without going into merit of the case.. ono the contrary when criminal case was filed against these accident cases the accused as per police papers easily got escaped as negligence or involvment did’nt proved.. even in such cases the victim got the compensation…

so just to get compensation these people draft such a weak paper work..

but in you case i would suggest you to pls handover the photograph of accident to ur insurance company & do contest the case before Accident claim tribunal & before ciminal court, don’t let go the case easily… moreover u can file the complaint to SP against the FIR which is lodged against ur vehicle or a cross FIR…

The point here is what relief are u claiming? Do u want a TPPD Claim? i.e. (Third Party property damage claim?).

Also how is it that u lodged the FIR and it was lodged against your vehicle only?!As suggested by Raj, you should write a complaint to the SP with regarh to this. Since the FIR is against your vehicle,most probably the chargesheet will also be against you. In that scenario, you will not get any relief.

It is suggested that you claim OD claim from your company if the loss is exorbitant. Since the scooterist didn’t have valid documents, it’s insurance company will not pay anything to you. ultimately the owner of the scooter will have to pay and most probably he will not be able to afford it.

feel free to ask any queries

Its True and unfortunate also that in an accident every time it presumed that bigger vehicle is at fault. while the fact is in most of the cases within the city, fault is of two wheeler (Scooter,Bike or Bicycle). But just 3-4 months back I’ve heard in a discussion in FM Radio that Supreme Court of India has given a decision in favor of bigger vehicle by saying that decision can’t be given against bigger vehicle just because this reason that he is in bigger vehicle. A smaller vehicle even pedestrian can be at fault in an accident. I don’t have the details of this judgement but it was discussed in FM (98.3). Kindly share some one this judgments details, if you have.

Dear Friends,

I have experienced the same situation in which my car was hit from behind by the biker and when i have taken him to the hospital police has registered case against me it so disgusting that the person who has hit from the behind has been declared victim just because he was riding two wheeler. Police didn’t taken pic of my car which has been damaged from behind. Right now i have pic of my car damaged from behind and Maruti service station bill stating repaired carried out on the car. I do n’t expect any reimbursement from the biker but how to defend myself when without investigating the matter police has filed FIR against me under sect I.P.C 279 & 337. I just want quick disposal of this case.

Was just reading these articles and I wanted to let you know just yesterday my friend meet with an accident. He was riding his splendor bike and 30 km per hour and suddenly at the cuurve a cyclist came from the opposite side and this was a one way, there was no time to react, so he hit the cyclist and the cyclist broke his collar bone and sustained some injuries. The ignorant people on the road are arguing that you were riding the bike and he is just riding a cycle, so the bike is at fault. Even the police are saying that no matter what the bigger vehicle is always at fault.

That makes no sense, what if some 2 wheeler just riders rashly and bangs a car when the car is growing slowly. Is it the cars fault ? What if a pedestrian does not look properly while crossing the road and gets hit by a vehicle and dies on the spot, is it the vehicles fault ? What if a person just jumps in front of a moving bus and commits suicide that way, is it the fault of the bus driver ?

Now the cyclist is asking my friend for 40,000 for hospital bill and the police are not releasing the bike saying that the BIGGER VEHICLE IS AT FAULT.

The bigger vehicle at fault makes no scientific sense. There are over 100000 accidents every year in India, in all those cases the bigger vehicle is at fault ?

Same situation happened to me NH44 on 7th of july 2013. I was going to bangalore, i met an accident with motor cycle, who was a motorist suddenly started and stopped before my car, i applied sudden brakes. he banged my left part of front side and fell on my car damaged car front part. all witnesses on the accident spot had told its motorcycle riders fault only. But, police says, we have to put case on car driver only. even if you are right according motor vehicle act. So, i have to pay expenses borne by accident. the police knows that this is not my fault. i have to surrender to police and have to attend court, whenever they calls me. It means no car driver is safe in the country.

Hi

I need advice on the incident that happened. I met with an accident. I was standstill on the crossroad waiting for the car in the front of me to move and an underage girl without licence riding a scooter dashed my rear bumper. The damage is extensive and i demanded her to pay for the damage. She called her dad and ended up moving out of there after a heated conversation. I have taken of the damage, scooter licence plate and hers. I was adviced to file a police complaint and demand compensation for the damage. My question is, should i file a complaint or should i forget about it? The damageof the bumper is extensive, i might have to change it. Pls advice.

hi,

i met with an accident in which i was travelling by bike on a highway and a scooter came across the road from the left side. obviously i had no other option but hit on his bike because it was a sudden take off by him on to the road so i couldn’t do any other move out there and his leg and my hand got fractured.he was first diagnosed of fracture and mine was late so they registered the case against me. and according to my view he made the mistake by crossing over to the road, but the case is on me now and he is claiming money from me and my insurance company.

hope i could get a good advice on this issue

Dear All,

My self Vinayaka G working as an Assistant manager( Procurement) in Bangalore International Airport, My case is something different then the replies seen above.

I was driving a Two Wheeler on a cross road almost in front of police station, and I was crossed more than 50% and I was at a speed of 30KM, suddenly a four wheeler at a very high speed hit my 2 wheeler and I was met with an accident with my right leg ankle fracture. The surprising fact is nothing has happened to both the vehicles & a car driver, only I met with ankle fracture.

The Car driver is an ENT doctor, at first he refused to accept the same, when public and auto drivers beated him, he taken me to hospital and then he convinced my colleagues that he was actually going to hospital for important case, so he refused to take me to hospital and he is telling that it is not his mistake.

Then he went out without seeing my treatment. The FIR copy attached with my admission & discharge certificates.

One more surprising fact I came to know is, No insurance for his CAR and I am having insurance with DL and all other documents pertaining to my 2 wheeler.

legally speaking, no mistake from my side. So now WITNESS SUMMONS has been issued to car driver to attend the court on 19th October 2013, for which traffic police informed to attend the same with all my witnesses, so that I can get the insurance claim amount, as I didn’t got my salary for 4 months which is approx. 2.4 Lacs.

so, please suggest me the way forward for my case, its very urgent. Also I wanted to know how can I detect that the car driver is not having insurance during my accident.

I want a legal advice for this case. My wife was coming from Bangalore with a hired driver. He was driving the vehicle at a speed of 50 to 60 Kilometer per hour. In the national highway ( Salem district Tamil Nadu) a Moped with a pillion driver suddenly came from the other side of intersection and hit right side of my car. Unfortunately he did not wear Helmet. Due to impact he was thrown out and succumbed to head injury.

The car is registered in my company’s name. The mistake is totally with the Moped driver. The driver got away with a just ban for 6 months NO DRIVING. I have taken Comprehensive Insurance. The party has included company’s name in the legal battle. How far we are liable and what extent.

Can any body throw some light on this subject. Thanks

I too have the same situation.can u pls reply for that?

BIKE hit my car from behind on bangalore to tumkur road ,,

these bike guys have technique to hit any such car from behind and grab attention of all villagers from surrounding areas including police ,,

and ” DEMAND FOR MONEY ” ” BANGALORE TO TUMKUR ROAD condition is excellent , but u cannot avoid these bikers who have full rights to HIT YOU FROM BEHIND !!

this is an LOOP HOLE IN LAW ,

how could a car be at mistake when BIKE HITS FROM BEHIND ,

Unfortunate to me I hit such an accident and to MY surprise BIKER WAS DRUNK !!

I had to PAY 1200 / RS FOR THIS LOOP HOLE IN LAW !!

I WAS HELP LESS .

This was happen to me , 1 week before, two boys carelessly cross my bike and one of them injured in leg…so taking to private hospital for first aid and paid the bill by myself.

but the party register the case on me… police also faulting bigger vehicle without investigation.

In all accident , bigger vehicle is the fault , i cant understand this.

Hi everyone,

I was in the parking, one man came really fast (on bike) and hit my car. He mentioned that he is running late from office, and he would be happy, if I am allowing him to go. He reassured me and my manager that he’ll come back and go to Agency with me. Later he came to my office with his team stating that he did not hit my car so hard, only one scratch is there because of him. But he broke my car’s bumper. I am from overseas, but I am really annoyed by such cases. If one commits crime, then he should realise it at least. I’ve his contact details and all. I would to like to have all the laws of India to go through to make sure I am protected under some laws. Although, not happy after reading such bad implementations of the laws.

:(

Please advise!!

Your support would be appreciated.

Hi there is a incidence in which my parked byke in fron of my house was hit by a lady driving the car and she just went off till i come to the spot, i then loged a complaint in police station to which police asked for my byke papers and since insurance was not renewed i was charged Rs 1000 where as the lad was charged just Rs 200. since insurance was expired i thus stoped using the byke for past 3 mnths. need your help in the regards.