• Road accident

Dear Sir/ Mam I was involved in a bike accident 7-8 days ago, My mistake is that I'm in speed and I'm riding on the inner part of the road which is basically near the divider and the other person is on the outer side of the road...He doesnt give any indicator orr anything that he's turning to the ends of the divider and suddenly he turns up and gave me hands to stop from the distance of 10-15 m ...and since i'm in speed I'm unable to stop the bike and accident occurs..They are 3 persons sitting on the Scooter involves his wife and wife which are not have any harm...I'm also not harm but the other person who's riding the scooter had an severe injury on his right leg...Instantly I take him to the hospital, get him treated and brought him the medicines...At that time he called the police against me but did not made any case or complaint and told me to get him treated...As I'm just a student studying in college...I take him for 2 times for dressing and brought him the medicines by my mess money...I spent abt 7000-8000 on him in which his Brother-In- Law also take 1500 Rs to solve it...Since Now I have no money left the person is warning that He's gonna make a case on me....The thing which i'm most afraid is that I did not had any license...Plzz Sir/MamTell me what should I do now...Accident occurs 7 days ago
Asked 6 years ago in Civil Law

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

9 Answers

Now don't do anything if he files case then you can contest. If you pay also he may blackmail you later for more money.

Prashant Nayak
Advocate, Mumbai
34580 Answers
249 Consultations

Case would be filed against you of rash and negligent driving as you were driving at high speed and without licence 

 

apply for and obtain bail 

 

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

Ajay Sethi
Advocate, Mumbai
99866 Answers
8148 Consultations

You should involve your family in the case and go for compromise.

And if at time of incident no police report was registered that is FIR was not registered and MLR Was not done by doctors then you can be saved from the case at later stage as they are also at fault and they did tripling on the vehicle at time of accident.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You don't pay him any money now.

Let him give a complaint with the police,  after which you can obtain AB and challenge his case in the trial proceedings. 

If you had insurance for your vehicle and if it was not lapsed as on the date of accident you need not worry about it,  the insurance company will pay the compensation. 

However,  please note that the advantage in your side is that he drove his vehicle with three persons,  which will make him think about giving a complaint with police. 

T Kalaiselvan
Advocate, Vellore
90068 Answers
2500 Consultations

1. IF case is registered and it is proved that you did not have driving license or were not wearing helmet and that you were speeding etc.... THEN you can definitely be prosecuted leading to jail term.  This is law position.

2. Since you are a student, it is better for you to settle amicably, in the best possible way, rather than falling into legal litigation and spoiling your career.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

See not having a license is real issue you were unauthorised to drive such vehicle if the other side file FIR it can be issue for you and the owner of vehicle so in that case it is better to settle with other side help of your family.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If you have proof that all his medical treatment you have provided than try to convince him and when police came first time and not registered case at that time now how he can claim that more money. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

In case of a motor vehicle Accident the Insurance company pays the Compensation to the victim provided the vehicle had a valid insurance policy on the date of the accident and the driver of the vehicle had a valid driving licence.

if you dont have driving license and Valid insurance  then insurance company will not pay the compensation. You will have to pay for the loss suffered by the victim of the accident.

best settle dispute amicably. 

Mohammed Mujeeb
Advocate, Hyderabad
19340 Answers
32 Consultations

Nothing will happen, hope you have bills. This is minor case, even if FIR filed, court will release you by paying  penalty max. 1000k rs.

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer