• Hit a car

One month back, on my route to return from Chennai with my family, 
when i was nearing to Hoskote, in a hump, my vehicle hit a vehicle which was in my front. 
The front car's bumper had damaged and i was ready to speak to the driver, 
But he was very aggressive, started to use foul language, i was scared and i just escaped from him. because he was asking my all family members to get out and i was very scary to protect my family i just taken my car and ran away. 
Even my vehicle's bonnet was damaged. I accept my mistake, but it was an accident. 

The person has lodged a police compliant and police asked me to surrender the vehicle on two days after. 
The car was in my father in laws name and having all the documents in order. 
I was driving and having a valid driving license. 

What would be the legal remedy and what is the solution to come out from this situation.
Asked 8 years ago in Criminal Law
Religion: Christian

2 answers received in 30 minutes.

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12 Answers

Dear Sir

The vehicle will seized as accident case. That may be released on the same day before the court. As you have all documents and insurance valid hence the case will be against you and insurance jointly. You and insurance are jointly liable for the act. Need not need to worry much about that.

There may be possibility of any other sections in FIR based on complaint. Hence we need to see the complaint filed by the other vehicle person. You need to go with advocate for the safety.

Feel free to reach us for any assistance.

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

Speak to the police and file another FIR in your police station against the person.

There is only damage to the car and no hurt to any body and this will be taken care by insurance company. This does not matter who owns the vehicle but who drives must have the valid driving licence.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Need to find out whether the police registered an FIR.

There is no necessity to surrender the vehicle unless it is a fatal accident.After registering FIR, you can go along with a lawyer and submit the copies of insurance and the other party has to get it reimbursed through insurance.

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

Dear Sir,

Nothing to bother. Just surrender your vehicle to the police and let them investigate. At the most an offence under section 279 IPC will be registered and you may pay maximum fine of Rs. 1,000/- as per following section. Thus you need out worry. If your issue is not closed then visit my office.

Section 279 in The Indian Penal Code

279. Rash driving or riding on a public way.—Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with im¬prisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Case would be filed against you for rash and negligent driving

2) apply for and obtain bail

3) burden of proof is upon prosecution to prove allegations beyond reasonable doubt

4) insurance company would pay for the damage to the vehicle

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Client,

U have no option but the surrender the car with police, it`s routine in accident cases.

Than apply to court. Conditional release will order in 2 days, no big deal, Even matter is minor, u can offer payment of damages, matter will close on spot.

U can file complain too, that he misbehaved and abused and threaten family and ladies. And so is the reason u run from the spot.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

No need to worry, since you have not committed any heinous crime.

The best way to come out of this is to compromise with the complainant and get the matter compounded.

See the Police and if required, you may take a lawyer with you so that he may assist you with the niceties involved in this.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hello,

As and when you appear before the police and give your statement the police will take your car and thereafter you will have to obtain an order from the court to get the same released from the custody of the police.

Talk to a local lawyer for the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Get bail from the LD Court. And do surrender the vehicle before the LD court

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

If the police had summoned you, better make arraignment to call on the police and give a statement accordingly, if the police are not convinced let them register a case which can be challenged in court of law.

Do not budge to any pressure and also do not rush to pay the extorted money

They will come down with their bargain once the case is going to court.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. Please discuss with an advocate with the copy of FIR details.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

Hi,

There are legal remedies and you may defend on the grounds that the fault was his.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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