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.
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 7 years ago in Criminal Law
Religion: Hindu
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12 Answers
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
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
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.
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.
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
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.
- 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.
- Now, as per the law, there are possibility that police may file a case against you under various section IPC and Motor Vehicle Act.
- 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.
- So, you need not to worry about anything just cooperate in the investigation and you will be out of it.
- According to me, the other side will not be able to prove beyond reasonlane dountyhat you were at fault for sure.
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 ?
Nothing you will be acquitted as there is no negligence from your side it's mere accident.
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.
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.
