• How do I resolve my bike accident case

Hi, I met with an accident 2 days back while riding my bike (wearing a helmet) along my friend at the rear seat. While I was going from my house lane at turn towards the left of the lane a car from the opposite direction came speeding and hit my bike. Luckily there weren't any injuries to anyone(thanks to my helmet) but it damaged the front of my bike completely. After this the car driver gets out of the car and rants at me saying can't I drive carefully. While making the arguments with him he threatens to go to the police station. We head to the police station where the police ask us to resolve the matter among yourselves to avoid lengthy court proceedings. 
I offer the driver to move on and tell him to claim his insurance for the vehicle and I'd do the same to my bike. He thinks I'm scared and bullies me and does not mend ways and tells he wants the damage charges for his car. I don't offer to do the same and object to it.
Now he tells me he will file a case against me and take me to court. 
I don't mind to fight him in the court but I also don't intend to be involved in lengthy court proceedings.
What should I do? Please help. 
Thank you.

PS: I have my bike insured with zero depreciation having third party insurance and even the car driver' vehicle was a new temporary registration vehicle (obviously having insurance)
Asked 7 years ago in Constitutional Law

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11 Answers

Hi

If it was not your mistake then donot pay anything to him. Let him file complaint ,if he does so both the vehicles would be impounded by police and have to be get released on superdari(I think he do not know this) . For bike superdari would cost you around 3 to 10k and for his car superdari he would have to pay something around 15k.(LAWYER FEE).

IF he files anything then contest it, if he doesn't then it automatically ok. But do not pay him damages.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

If you want face him in court you must oblige court proceedings

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

In the event he files any Police complaint against you for rash and negligent driving apply fir abd obtain bail from court

2) burden of proof is upon prosecution to prove that you were driving bike rashly and negligently

3) contest case on merits

4) you can lodge counter FIR against complainant

Ajay Sethi
Advocate, Mumbai
96767 Answers
7804 Consultations

Sir ,lodge a FIR of negligence driving against the car driver . Also if you have retained injuries , file a compensation case .. If he is not ready to settle the dispute , then it is better you lodge the FIR first.. Kindly elaborate more about the incident ??

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

The option is to go in insurance to claim the damage repairs as per the insurance terms. Allegations will not prove any thing as there are no spot police report.

If he is filing a FIR against you for fighting and misbehaving you may do same to him.

Thanks

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

Hello,

If he bullies you any further file a complaint against him for threatening you and harrasing you. Also believe me he will not file the case, in such situations people usually bulies the other party in order to extract some money.

Regards

Anilesh Tewari
Advocate, New Delhi
18089 Answers
377 Consultations

You have to file FIR under section 279 , 338 of IPC against the car owner for Radha d negligent driving

2) mention that accident occurred due to negligent driving by car owner in the middle of road at high speed

3) rely upon statement of your friend to prove that car driver was driving rashly and negligently

4) complaint would take 10 years to be disposed of

Ajay Sethi
Advocate, Mumbai
96767 Answers
7804 Consultations

Dear Client,

Such cases are pity in nature, no long drawn trial. As a pre emptive step, file a complain with police, if they are not filling complain than send it through registered post, CC to area SP/ACP.

Yogendra Singh Rajawat
Advocate, Jaipur
22987 Answers
31 Consultations

File an FIR against the person driving the car for rash and negligent driving

In the FIR mention that the same happened due to rash driving of the car driver and also the disposal of the same will take 5-7 years.

The questions asked by you in relation to the evidences making your case of his case, please note that it is a legal prices and lot depends on oral testimony, examination, cross-examination etc.

Try and settle the matter amicably, you may file a complaint with the police for creating pressure.

Regards

Anilesh Tewari
Advocate, New Delhi
18089 Answers
377 Consultations

Now he tells me he will file a case against me and take me to court.

I don't mind to fight him in the court but I also don't intend to be involved in lengthy court proceedings.

What should I do? Please help.

You have to lodge a complaint against the car driver otherwise you may not get any relief.

Even for insurance claim you may have to have a FIR registered on the accident, so think what is better and proceed.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

You have to lodge a complaint with the police, the police will take care of the case, you do not have to be bothered about its disposal because you have no role to play in it except to depose your side evidence.

Generally, any complaint regarding the accident, the smaller vehicle owner will be benefited until the bigger vehicle involved in the accident is absolutely at no fault.

Now your question is about claiming insurance, hence a case before MACT will be the solution, of course for this you need to have a FIR registered.

.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

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