• In a road accident

Dear Sir, 

If there is road accident which is minor one and third party car damage is there, am I liable to pay any money.
Asked 8 years ago in Civil Law

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15 Answers

If there's no FIR in the matter, there's nothing to worry.

Had a FIR had been lodged, they were competent to file a motor accidents claim petition in the MAct against you and your insurer. So, if no FIR, there's nothing to bother about.

For any threats that you are receiving, the same are unfounded, and you should report this matter to the Police and ask them to book the miscreants.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

FIR would be filed against you for rash and negligent driving under section 279 , 337 of IPC

2) you must be having third party insurance

3) insurance company will pay for damage caused to other car

Ajay Sethi
Advocate, Mumbai
99869 Answers
8149 Consultations

You did the right thing in reporting accident to the police

Ajay Sethi
Advocate, Mumbai
99869 Answers
8149 Consultations

In case any FIR is filed against you plead not guilty

Burden of proof is upon prosecution to prove that you were guilty of rash and negligent driving

Ajay Sethi
Advocate, Mumbai
99869 Answers
8149 Consultations

If they are threatening you then let it be, it is a way of extorting money. Please do not worry about the same'

Even if they proceed to file a case police will first call you for settlement.

You do not have much liability, please do not worry about the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Record the calls

2) file police complaint of criminal intimidation against accused

It has to be proved that you were drunk at time of incident

Ajay Sethi
Advocate, Mumbai
99869 Answers
8149 Consultations

third party can not file an FIR, they do not have any locus to file the FIR.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

FIR can be filed later

Delay in filing FIR has to be explained

Insurance company will pay for damage to the car

Ajay Sethi
Advocate, Mumbai
99869 Answers
8149 Consultations

Hi, the more delay they do on filing of FIR , the weaker their case becomes .. However it's only a minor accident , so try and settle it amicably .. Try and compensate them , it's a bailable offence so you need not worry even if FIR is lodged ..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

If you admit your guilt, your liability will arise if you succumb to their demand that they be compensated with Rs. 8k.

FIR cannot be filed any day irrespective of the day of accident.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

If there is road accident which is minor one and third party car damage is there, am I liable to pay any money.

If the vehicle insurance policy is in force then the insurance company will be liable to pay the damages, a claim can be made accordingly.

T Kalaiselvan
Advocate, Vellore
90071 Answers
2500 Consultations

If I am, is there any legal proceedings on me? to what extent I am liable?

If the vehicle insurance policy is lapsed then you will be liable to pay the compensation besides facing criminal case if the police has registered any FIR on the reported accident.

T Kalaiselvan
Advocate, Vellore
90071 Answers
2500 Consultations

I reported the accident on the same day going my self to the Police station under which the minor accident happened? Is it right?

You have done a right thing, whether the police registered the FIR against you?

Did you get enlarged on bail from police station?

T Kalaiselvan
Advocate, Vellore
90071 Answers
2500 Consultations

I had been threatened on calls and Whatsapp for money and also that they will file a case of Drunken driving against me? Which i was not, I was heading home.

Since you have reported the matter to police, dont worry about such threats and ignore them.

Let them keep calling you, better block their numbers or dont respond

T Kalaiselvan
Advocate, Vellore
90071 Answers
2500 Consultations

The total damage of other car is 8000, so then whats my liability? Can the third party can file a FIR anyday irrespective of accident day?

Let them loge a complaint, since you have already reported this matter to police, no more fresh case on the same accident would be registered however they may claim insurance amount towards damages.

T Kalaiselvan
Advocate, Vellore
90071 Answers
2500 Consultations

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