• Road accident

Two days back i was driving my car and i stopped to drop my friend and whn i was about to move, a very high speed cab hit me from front left (he was coming from back and apparently lost control). My car was damaged badly but stood still (i was at <10 kmph speed) but cab was toppled injuring passengers , though driver was not injured. My friend called police and within 10 mins police patrol reached, with thr advice i agreed to written settlement in which i and the driver signed that we do not want any claim from each other and we will not do any legal action.
After two days i got call from police that cab owner wants to file FIR and i should come to chowki, when i reached cab owner was gone and now he is calling me and saying he will put FIR or else i should pay 3 lacs...police is not supportive to me,,,,please advice.
Asked 2 years ago in Criminal Law from Gurgaon, Haryana
Religion: Hindu
If th4 cab owner/driver is insisting on FIR against you, it is better you also lodge a complaint on the cab owner/driver narrating the incidence.  It is always safer to lodge a complaint from your side too or else you will be liable for the insurance claims.  
You cannot expect support form police in this regard who will act on the basis of graft received by them  or on the basis of the pressure from any higher authority.
Your counter case would make him to a negotiable platform where you can dictate terms and make a counterclaim against him for the damages you suffered.
T Kalaiselvan
Advocate, Vellore
35784 Answers
389 Consultations

5.0 on 5.0

1) Let him file FIR. You are not liable to pay and settle.Any settlement must be done  in the court .

2) If your documents are in place including the insurance policy, you can always contest the case and defend yourself. Engage a local lawyer to help you.

3) It was unwise of you to have not filed a police complaint soon after the accident happened as there was another vehicle involved and injury caused to the people.Immediately file a police complaint about the accident and the threat of extortion from the driver of the cab.
S J Mathew
Advocate, Mumbai
2241 Answers
110 Consultations

5.0 on 5.0

Hi, Do you have insurance policy if yes then you don't bother too much.

2. Don't pay any amount to them ask them to file FIR and matter will go to the court and contest the case if you liable to pay  the amount then insurance company will pay the amount.

3. Write a letter to the insurance company about the fact of the accident and driving license number and police number.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

try to settle the matter.
Nadeem Qureshi
Advocate, New Delhi
4856 Answers
221 Consultations

4.9 on 5.0

1) let FIR be filed 

2) refuse to pay Rs 3 lakhs demanded 

3) accident occurred on account of negligence of cab driver . Where is the question of you paying 3 lakhs 

4) in fact you should file FIR of rash and negligent driving against the cab driver 
Ajay Sethi
Advocate, Mumbai
45611 Answers
2680 Consultations

5.0 on 5.0

At the time of such accidents it is most unwise to reach a settlement more so when the aggressor or victim is a cab driver as these people subsequently file the FIR to extort money. You were the victim but have been portrayed as aggressor in the complaint. Be that as it may, if the FIR has been filed then you should obtain bail at first. You should also file a counter FIR against the cab driver for rash and negligent driving. This apart, a lawsuit for compensation can also be filed against the cab owner. If you wish to settle it out of court with him you can do that.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

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