• Accident claim

What happens when my motorcycle is rode without my consent and met with an accident and vehicle doesn't have insurance..who will be liable to compensate for injury? Driver or owner of the vehicle?
Asked 8 years ago in Civil Law

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

8 Answers

Owner of the offending vehicle( the other vehicle) and its insurance company and the insurance company of motorcycle.

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

You can be held liable to pay compensation since it os your duty to get the yimely insurance done, it is always the duty of owner to pay claims in MACT petition and in this case since you are at fault ( not having insurance) it is difficult that your friend will be held totally liable

It is though advised to settle the matter outside the court

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

This is one view other esteemed lawyers of the panel might give you some other opinion.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

owner of the vehicle and driver both would be responsible to compensate victim for the injury suffered by him

Ajay Sethi
Advocate, Mumbai
99842 Answers
8148 Consultations

The owner of the accident causing vehicle is liable to compensate the victim, whereas the criminal liability will rest squarely on the person who was driving the vehicle i.e the individual who was driving the accident causing vehicle is liable to be prosecuted for the offences under Section 304 A, 279, 337 and 338 IPC,

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

The Court has to decide that. Generally, in case of four wheelers including commercial vehicles, it is the owner who is asked to compensate because he is held to be vicariously liable to the negligent act of his driver. Since, your's is a two wheeler, I doubt that Court should go by that principle since you will say that there was no relationship of master and servant between you and the person riding your bike.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Sir, It depends upon the incident reported on FIR. But, In general the owner of the vehicle need to pay compensate.

Discuss with a lawyer.

thanks,

Adv.Niranjan,

Mobile - .

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

The driver will e liable to face the criminal case but the owner of the vehicle shall be held liable for payment of compensation to the accident victim.

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer