• Accident

Last sunday i parked my car to the left side of the road.100% no part was on the road so no question of illegal parking.An Auto rickshaw came and crashed in the rare door of the car.Auto driver was not injured.I rushed to the car and cought him red handed.He requested me not to make a police complaint.He gave his original driving license,mobile number,auto registration number.He assured that he will pay for the damages.
Tuesday i gave him an estimate received from the service station.It was rs. 90000,i have insurance cover and approx.Rs 50000 is likely to be compensated by the company.So i explained to him that i would require approx. rs 40000 from him.Next day he called me and said arrogantly that he ll not pay any money as i was giving him wrong estimates.He gave me a number of his mechanic friend and asked me to explain him the matter.i explained him the same.I have reasons to believe that he now fully understands the cost involved.
In the next call he again refused to shell out more than 10000 Rs.To which i offered to settle down with Rs 20000 against RS 40000.
Now he does not seems to be interested in paying any money.When i told him that i could be making a police complaint against him he threatened me with a counter complaint for harrassement.
1. should i make a police complaint.
2.I have all telephonic conversations recorded.
3.What are the chances of getting a favourable judgement.And what is the average cost and time frame involved.i am based in Pune
4.He is been asking me for my home address continuously since the first interaction.
5.Can he make a counter complaint.If yes on what grounds.Precautions i should take
6.almost a week has passed.Would it create a problem with filing a complaint.
Asked in Criminal Law from Pune, Maharashtra
Religion: Hindu
First of all you have done a mistake of not making any complaint with the police on the spot, this has become an advantageous position to the auto driver. The sympathy you showed is the one going to cost you now. 

1. should i make a police complaint.
Yes, you can lodge a complaint with the police even now and can explain the circumstances that delayed you to approach them. 


2.I have all telephonic conversations recorded.
This can help the police to nab and put pressure on him.



3.What are the chances of getting a favourable judgement.And what is the average cost and time frame involved.i am based in Pune
A criminal complaint with the police will get converted into a police case and in that if the court convicts the accused, he may be imprisoned, there are no chances for recovery of your money.  You may think of some other legal steps to recover the money from him.


4.He is been asking me for my home address continuously since the first interaction.
May be to create problem before your house by bringing some anti social elements to create ruckus before your house to terrorise you.  So better avoid it. 


5.Can he make a counter complaint.If yes on what grounds.Precautions i should take
To protect himself he may use this counter complaint as a shield, you have to deny it. 



6.almost a week has passed.Would it create a problem with filing a complaint.
You may explain the circumstances that delayed you to lodge this complaint.
T Kalaiselvan
Advocate, Vellore
18539 Answers
175 Consultations

5.0 on 5.0

1. You should have filed the FIR immediately. If you go now to file the FIR the delay in making it on your part will be looked at with suspicion in the court. Be that as it may, there is no other legal recourse available to you except to file the FIR.

2. You can also claim compensation from for the loss which you have suffered due to his negligent act, but a lawsuit for compensation will not survive without a FIR.

3. Telephonic conversation can be used in the court to prove his guilt. 

4. He cannot make any counter complaint.
Ashish Davessar
Advocate, Jaipur
19897 Answers
518 Consultations

5.0 on 5.0

A registered police case or at least a General diary entry regarding the accident is must for getting the claim amount from Insurance company. So you must file a police complaint,if the police not register the case file ity before magistrate court as private complaint. You have to submit  supporting evidence in favour of you before the court. Check any eye witness is  available .Telephonic conversation also be usefull at the time of evidence stage to prove auto drivers negligence.Explain the reason for delay for filing  the complaint properly
Ajay N S
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2068 Answers
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You can file a MACT case for claiming third party insurance of his vehicle owing to the injuries you suffered, you may have to produce the medical certificate for that along with the FIR
T Kalaiselvan
Advocate, Vellore
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175 Consultations

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File a case for damages before Motor accident claim tribunal .
Ajay N S
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You have to file a case for compensation in the MACT against him. Engage a lawyer to start the process.
Ashish Davessar
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