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
Hi, thank you for your responses.
I'd like to ask if I go ahead with my filing of the fir how much time will the court processes take for the verdict to come out? And since I've been covered by my bike insurance and it also has third party insurance will that be useful in some way or other?
What are the charges/fees I'd be paying for the complete process if anyone can tell an approximation of it that would be great.
Also I had been reading about the processes of MACT for the claims. I believe if the case is filed it will be on the MACT basis right? The fine process for this had been mentioned somewhere around RS 1,000. And the claims are to be paid by third party insurance. I'd like to know if that's true.
And I was planning to get my bike repaired from the showroom today but as Mr. Rahul ji said it'll be impounded by police on superdari and I'll need to pay up anywer from 3-10k for the same would be a very hefty thing for my pocket and whn I'm at no mistake.
And describing the incident in detail as Mr. Hemanth ji had asked, I was riding the bike along a friend on the rear seat. The accident spot being a housing colony lanes. So there was a T junction for me where I had to take a left. So while taking a left, right at the time of getting along the lane adjacent lane to go in the left direction a speeding car hit my bike at the left turn corner. The car driver had all the lane for him on the other side which is the right lane for him to drive but he was driving on the opposite direction which I nearer to the turn wer the vehicles get on the road after taking a turn. So the accident happened at the turning point. And in all this process one mistake which we made was we couldn't take any pics at that time and the car was moved aside of the lane as there was traffic block. Though the bike marks and tyre screech marks were there at the spot. And after all this also the driver was arguing that he was driving in the middle side of the road (not the extreme right of the lane which is nearer to the turn where vehicles get on that road). There were ppl who saw this and said it was car guys mistake but all of them left after a while so no contacts of them too. Plus no cctv camera available there else it would have been easier. The question here also arises of the car driver makes a case out of this and even I do the same, how will the proofs be presented as he was alone in the car. I had my friend alng me and one more friend behind us on other bike. All the other ppl left the spot and later we were gathered by car drivers friends about 3-4ppl.On wht evidence will the court give verdict. And what evidence can I provide from my side as the screech marks must be gone by now though bike hitting road marks would be there.
Police hearing all this first were agreeing with us it's car drivers mistake but later on process they were like it's both ppl mistake. Settle it among urselves else both the complains will be taken and case will be filed on both.
Asked 7 years ago