• Accident

My car was hit from behind by a bike at high speed and the person who hit my car is serious. 
What will happen if that person dies or gets disability? note : I was on correct side of divider 
and driving at 40kmph. I have all the documents .
Asked 5 years ago in Criminal Law
Religion: Hindu

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12 Answers

See in case the vehicle was insured and it was a fault on part of the rider then in case the family files for compensation before the motor accident tribunal the insurance company bears the cost. And further if any FIR is registered then same can be defended as you were driving carefully and there was no negligence or evidence of negligence on your part.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

The bike had an accident and the person driving the bike would file an claim petition in MACT for compensation. He can get a compensation if you were wrong in some way.....over speeding....wrong side...negligence etc. As you have stated that you were negligent therefore in case he filed a petition....put forward all the evidence before the judge.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Hello,

Trial will take place and if you have all the required documents and it is proved that it was not your fault then you do not have to worry. The guardians of the said person might file the case. 


Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You don't have to worry. If you have insurance then the insurance company will take care, unless you were wrong or have no documents.

Make sure you report it to the nearest Police Station.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

5.0 on 5.0

In case of an accident, the opposite party generally files a case for rash and negligent driving. Hence, the opposite party has to prove that the accident was the result of rash and negligent driving. You can try and produce witnesses, who were present at the time of the accident and can state that you were not driving negligently.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

has any FIR been filed against you ?

 

2) it appears the biker is guilty of rash and negligent driving 

 

3) you were driving at speed of 40 km ph  and no offence has been committed by you 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

1) The accident happened after that you were present there or ran away?

 

2) If you have attended while police investigation than we can tell that its nit your fault as the accident happened at back of car and behind you.

Ganesh Kadam
Advocate, Pune
12928 Answers
255 Consultations

4.9 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you were driving on the right side and you are also having all the valid documents.
  2. Now, as per the law, there are possibility that police may file a case against you under various section IPC and Motor Vehicle Act.
  3. But, there is a provision in the law as to till the time person is held guilty, he presumed to be an innocent and also the prosecution will have to prove beyond reasonlabe doubt about your fault.
  4. So, you need not to worry about anything just cooperate in the investigation and you will be out of it.
  5. According to me, the other side will not be able to prove beyond reasonlane dountyhat you were at fault for sure.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

What documents you have ?

You will be booked u/s 304A if he dies otherwise u/s 279, 338 IPC. Rest will depend on police investigation and eyewitness statement. Any CCTV footage ?

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

Nothing you will be acquitted as there is no negligence from your side it's mere accident.

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Generally the bigger vehicle is made liable for compensation.

If your vehicle insurance is in force then don't worry, the insurance company will compensate the injured.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2190 Consultations

5.0 on 5.0

Dear Sir,

Rear-End Collisions. If someone hits you from behind, it is virtually never your fault, regardless of why you stopped. A basic rule of the road requires a vehicle to be able to stop safely if traffic is stopped ahead of it.  If it cannot stop safely, the driver is not driving as safely as the person in front.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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