• My car was rammed into on the highway

Dear Lawyerji,

I was driving My car (Fiat Linea) to Mumbai from Kolhapur. In the evening around 8 PM while I was nearing Pune, A Duster SUV applied sudden breaks may be because another car in front stopped suddenly. In response even I had to stop immediately.

Unfortunately, another tourist vehicle Toyoto Innova was behind me. The driver could not apply breaks and hit rear of my car with full speed. Due to which my car bumped into Duster ahead of me. My car suffered damages to the back and front as well. The bonnet, front lights have been damaged and the expenses are around 50,000.

We did not file a police complaint as the owner of the Innova promised us to pay today. Now he is denying it. I have taken in writing from Driver that it was his mistake. There is no point sending him to jail which will not cover our losses but will only starve his family.

I have not met any accident in 5 years and not claimed any insurance til date. I feel since these vehicles are driven recklessly, I should not let them go so easily. 

How do I recover our money from the owner?

Rishikesh
Asked 1 year ago in Civil Law from Mumbai, Maharashtra
1) file police complaint against the innova car driver for rash  and negligent driving under section 279 read with section 336 , 337 of IPC 

2) you will have to  claim  Damages for mental and physical shock, pain and suffering already suffered 
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
Hi, you have to file a complaint in the jurisdictional police first there was a delay in filling a complaint but you must state the reasons for delay in lodging a complaint.

2. Thereafter file a claim petition as against owner of the vehicle and also insurance company of your car and Innova car so you can recover the money from the insurance company. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
lodge a police complaint of reckless driving against the driver of the Innova SUV vehicle stating in the complaint that it was a hit and run accident and you managed to take down the registration number of the speeding vehicle. File a motor accident claims case against both the driver and the owner,  making the insurance company a party, if the vehicle is insured then your damages will be reimbursed with interest.
Question of sending anybody to jail does not arise in a motor accident case, compensation will be determined and ordered to be paid to you.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
5.0 on 5.0
1. There may not be a point in sending him to jail but the fear of going to jail acts a huge deterrent. You should file a complaint for rash and negligent driving against him which can result in FIR being lodged against him.

2. You can also file a claim petition for compensation against the owner of driver in MACT.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
1. When did the accident take place? Claiming money upfront from the driver of the bashing car is not as per law. you can no exonerate him of his offence by taking money for repair,

2. The repairs  were ton be conducted and claims are to be preferred from  Insurance Company since there should have been third party insurance cover also for your car,

3. Report the matter to Insurance Company to enable you to recover the repair cost of the vehicles.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
keep in mind that every agreement should be signed before police officer. He can say that he was compelled by you to sign this agreement so this agreement is void under section 23 indian contract act. You should file an FIR immediately because his car is also met an accident so he may approach for its maintenance so both cars shall be examined by the police and police shall prepare a report under section172 crpc. this report contains probable reason of accident. This may help you to get compensation from him.
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
1) you have to file FIR where the accident took place ie within the jurisdiction of police station where offence occurred 

2) you will have to file FIR in Pune and not in Mumbai . 


3) This motor insurance do not covers you and your motor vehicle. It covers your legal liability for the damage you caused to a third party only - injury, death, and/or property damage caused to a third party in the event of an accident caused by or arising out of the use of the vehicle.

4)  the insurance company agrees to indemnify the insured person, if he is sued or held legally liable for injuries or damage done to a third party.
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
Hi, you have to seek damages through 3 party insurance only  and you have to lodge a police complaint in jurisdictional police only. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. You are not to decide whether there is any point putting him or the owner behind bar or not,

2. It is the job of the Court to decide on the said matter,

3. You have allowed the owner to escape the clutches of law,

4. Try for third party insurance now if you can manage the delay in lodging the claim on some ground or other,

5. Contact your insurance agent now to arrange for the third party .insurance.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
I have not met any accident in 5 years and not claimed any insurance til date. I feel since these vehicles are driven recklessly, I should not let them go so easily. 

How do I recover our money from the owner?

You have to file a complaint with the police against the rash and negligently driven Innova car driver who can be booked under section 279 IPC
 You can also file a suit for mental loss claiming damages besides claiming insurance for the damaged car.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Can we claim for a 3rd part insurance.
Yes, you can claim third party insurance from the Inova owner against his insurance for the vehicle. 


.

The accident happened near near Pune and we are back to Mumbai. Do we have to go back to Pune to file a FIR, Can it not be done from Mumbai.
A complaint on this accident is to be given within the jurisdiction police station where the accident took place. 



We have taken copies of driver license, Insurance paper
Should we be informing the insurance company of Innova.
Is it a painful & time consuming process

You can engage an advocate and file a claim case but since you have not suffered any injury, you may claim only for the mental agony. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0

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