• Car accident

My new car (22 days old) was parked in the parking area and a lady driver banged it I've paid it in cash to authorised service centre as the lady after agreeing is not responding and I had to travel for 3-4 days. If I claim my insurance, I lose NO CLAIM BONUS benefit of 20-25% in the first renewal of policy and there after every year rising by 5% and going upto 45% maximum. Hence, it is beneficial to pay and hence I've paid Rs9,400 to Hyundai authorised service centre. How do I force lady driver to pay me? Thanks
Asked 7 years ago in Civil Law

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5 Answers

1) file police complaint against lady driver for rash and negligent driving under section 279 read with section 337 of IPC

2) once you lodge FIR lady driver would approach you for settlement

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. You should go to the nearest police station to firstly lodge a FIR against the lady who banged it and then if she does not agree to account for the loss you can file a claim petition before Motor Accidents Claim Tribunal.

2. You can also recover from the lady the amount you incur on the legal process.

3. CCTV footage can surely be led in evidence.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) filing police complaint against lady would not cost you

2)CCTV footage would be admissible in evidence

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Hence, it is beneficial to pay and hence I've paid Rs9,400 to Hyundai authorised service centre. How do I force lady driver to pay me?

If you do not have documentary evidence to prove that this lady damaged your care, then you cannot claim any damages from her.

I dont think yo would have registered a FIR agaisnt that lady, if so, it would be very difficult to legally recover the amount from her.

However you may issue a legal notice, if she responds that will become an evidence or if she does not then ignore it.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Since the amount involved is only ?9,400, if lady chooses to fight it out legally wouldn't it cost lot more for me to appoint lawyer and take so much stress? I may get CCTV footage from security of my office building - will it be enforceable and conclusive evidence in my favour?

If you decide to file a case against her then you my have to spend at least ten times to this amount towards prolonged litigation expenses including lawyer's fee.

CC TV footage or recordings may not be of any use unless there is a FIR registered on her.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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