• Accident case

There was an accident happened near Bhubaneswar where the person who got injured suddenly came in front of the car with his scooty. The car driver was driving on the right side and the scooty came suddenly in front of car, he was trying to cross the road in between the divider instead of taking u turn.
In few minutes the ambulance came and took the scooty person to a nearby hospital. Meanwhile the car driver reported the accident to police and pcr van came after 1 hour. After 3 hours tow van took the car to the police station. No FIR has been registered so far but the police are saying in order to get your car back my friend has to pay the medical expenses around 1 lac 23 thousand. It's impossible to pay such large amount even when you are not at fault. The scooty was on the wrong side , he came in front of car and even we reported the case to police they are demanding money from my friends family. What should we do? Right now he is at police station waiting for the medical reports of the injured person since morning (13:00). He is not being allowed to leave the area and even his car is under police custody. He's not at fault since he was driving on the right side of road.
Asked 4 years ago in Civil Law

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10 Answers

No need to pay 

 

2) it was scooty driver fault 

 

3) there is no FIR registered against your friend 

 

4) your friend has to apply to court for release of car 

 

5) in case any FIR is registered contest case on merits 

Ajay Sethi
Advocate, Mumbai
94815 Answers
7557 Consultations

5.0 on 5.0

FIR will file by injured and not police. Police is faking. If FIR registered than police cannot release car but court only. Police is faking . Dont pay anything. Without FIR police cannot keep him in custody. Go with some lawyer, police will hVe to release him with proper security. Car will be in custody of police. 

Minute matter. Dont follow police. Neither need to wait for medi all report. Police is corrupt 


Ask them copy if FIR. No FIR registered yet 

Yogendra Singh Rajawat
Advocate, Jaipur
22661 Answers
31 Consultations

4.4 on 5.0

- As per law, for an accident , the police is not having power to arrest the accused , due to being a bailable offence.

- Hence, the act of police is illegal and against the norm of law, as he cannot detained the accused under this offence.

- Further, if there is an FIR , then the police has no power to release the said vehicle , without the court order, and the demand for amount by the said police is unjustified .  

- The car driver should lodge a compliant with the higher police official/DCP /SP against the police official for taking law in his hand.

- Further, if no response, then contact with a local lawyer to take bail order from the court , even there is no FIR against the car driver.

- Court court will take long time , and insurance company will be directed to pay the compensation to the injured. 

Mohammed Shahzad
Advocate, Delhi
13268 Answers
198 Consultations

5.0 on 5.0

You should have not paid for medical expenses when not at fault. Now you can file a complaint against the said bike rider first. Then you can seek bail if any fir is recorded against you or if you are arrested. You can recover the money through civil suit from the person. It should be paid by insurance company through third party. 

Prashant Nayak
Advocate, Mumbai
31968 Answers
180 Consultations

4.1 on 5.0

See he can deny paying the amount and he can file a FIR against the scooty driver for rash and negligent driving. 

Further if police not releasing vehicle he can get court order for release of same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Do not pay any money to police or any other person. 

Case will be referred to MVA court. Court will decide the amount of compensation. Insurance company will pay it.  Your friend need not to pay any money. The maximum cap of insurance is 7.5 lakh rupees. If compensation amount is fixed above the cap amount then only you need to pay the excess amount over the cap amount. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

As a law abiding citizen, your friend correctly reported the accident to the Police.

He need not pay any money to anyone more particularly the medical expense and money to police.

Since it is the fault of Scooty Driver, it is his problem.

When no FIR is booked, wait for the same and upon registering the case, if he is taken as witness it is okay, else ne needs to contest the same on merits.

He has to file an application before the concerned court for release of his Car.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

in this case since fir is not registered. Law has not come into motion. And the case is neutral. But you can always write to concerned police station detailing about the incident.please note send the above writting by registered post and keep a copy for your record. This way police will become bound to take appropriate action in accordance with your letter.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

The question whether your friend was at any fault or not cannot be decided now, it can be decided by court alone.

However your friend need not pay any amount to the injured or police now.

Let the police register FIR, your friend can obtain anticipatory bail from police station itself or from court and then challenge the case in court of law in the trial proceedings.

 

T Kalaiselvan
Advocate, Vellore
85011 Answers
2208 Consultations

5.0 on 5.0

1. It is a normal procedure that police is following in case of an accident.

2. Your friend can refuse to pay medical exepenses of that person if he is not at fault for the accident.

3. Police is just keeping the car in custody for grabbing money from your friend. He can refuse to pay money and ask them to give a reciept for keeping the car in custody so that he can apply for superdari of car in court. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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