He can claim damages from your insurance company under MV Act as well as can claim with his insurance company too. No criminal liability unless he was injured
Earlier today , i accidentally brushed a car which was parked on the road as i mis judged the space .There was minor scratches on the front bumper . i halted my vehicle(car) and spoke with owner however he kept yelling and kept on talking .. he later took photos of my license plate . he didnot respond to me however was irritated that his car was damaged. while i waited for 10 minutes or more he was not interested hence i left the place. Kindly let me know what i can expect from this owner and how can this be handled. I have a comprehensive other vehicle damage however the other guy didnot give me chance to talk on this....
He can claim damages from your insurance company under MV Act as well as can claim with his insurance company too. No criminal liability unless he was injured
The owner may file a police complaint using your license plate number to trace your address and details.
2) The owner may contact their insurance company, which will then contact yours to claim for the damages to their bumper.
3)they may try to demand immediate cash payment for repairs that exceed the actual cost of the scratches.
4) Call your insurance company and report the accident, even if you do not plan to file a claim for your own car.
5) Go to the nearest police station to report the accident yourself. Report that you brushed a parked car, waited for more than 10 minutes, tried to speak with the owner, but they were non-responsive/aggressively yelling and refused to exchange information.
There is no cause for alarm here, as there is no ground for any criminal action. Perhaps, the other party is going to lodge a claim with his insurance company.
Do not worry. Nothing will happen with you or your car even if he lodges a complaint.
Forget this issue fast.
He can approach the police with your vehicle number and obtain owner details through the RTO.
He may file:
A simple accident report (CSR), or
An FIR under minor sections like rash/negligent driving (usually under provisions similar to Section 279 IPC / relevant Motor Vehicles Act sections).
For minor scratches without injury, police generally treat it as a petty motor accident and try for settlement.
Your Third Party Liability component covers damage caused to another vehicle.
For small bumper scratches, it is usually settled through insurance or mutual payment.
Let this go and don't panic!
If he reaches out to you, tell him to claim insurance.
G.Rajaganapathy
Advocate
High Court of Madras
- If there is only scratches i.e. a minor accidental scratch without rashness or negligence, it will not attract criminal liability.
- The said person has taken the photos for claiming the motor accident insurance claim .
You have acted responsibly by immediately stopping your vehicle, attempting to speak with the owner, and waiting at the spot for a reasonable period of time. The fact that the owner chose not to engage in a discussion despite your presence and willingness to resolve the issue works in your favour. There is no legal requirement that you must remain indefinitely if the other party refuses to cooperate or communicate.
From the owner’s side, the maximum that can be expected is that he may either contact you seeking compensation for repair or approach the police to lodge a complaint regarding damage to his vehicle. In cases of minor scratches, police generally treat such matters as civil in nature unless there is clear evidence of rash or dangerous driving. Taking photographs of your number plate, by itself, does not create any liability or adverse consequence for you.
Since you hold a comprehensive insurance policy covering third-party property damage, the issue can legally be resolved through insurance, provided the other party is willing to cooperate by sharing vehicle details and repair estimates. His refusal to communicate at the spot does not extinguish your insurance coverage, nor does it automatically create fault on your part.
It is also relevant that there was no attempt on his part to demand money on the spot, no police were called at the time, and no formal exchange of details took place despite your availability. In the absence of any contemporaneous complaint or escalation, the likelihood of serious legal action is low.
As a precautionary measure, it would be advisable for you to retain photographs of your own vehicle showing the absence of major damage, note the time and place of the incident, and keep a brief written record of what transpired. If the owner later contacts you, the matter can be amicably resolved either through insurance or reasonable compensation for repairs. In case of any police communication in the future, you may simply state the true facts, including that you stopped, waited, and were willing to resolve the issue but the other party declined engagement.
In the circumstances narrated, there is no immediate cause for concern. Minor scratches ordinarily do not result in criminal proceedings, and your conduct reflects good faith. The situation can be handled calmly, and legal exposure, if any, is minimal and manageable.
Dear client,
Since the matter of your accident is minor, and you have already performed your basic legal duties by stopping your car after the accident, speaking to the property owner, and waiting a reasonable amount of time for them to provide information regarding their property (taking pictures of your plate is standard practice), you have fulfilled your basic legal duties to this owner.
The property owner has several options at this point. They may be able to use the information you have provided to file a claim against you via your insurance company by contacting you directly (assuming they noted your license plate number) because you had comprehensive insurance, which provides coverage for damage to other people's property (i.e. your third-party liability).
The property owner may also contact local authorities and make a police report. However, police typically recommend that small scratches, etc. be handled through an insurance claim or paid for without involving criminal charges.
Regardless of whether or not a claim is made, you should notify your insurance company of the incident as soon as possible. Doing so will protect you in the event that the property owner does choose to file a claim against you at a later date. If the property owner tries to contact you directly, you could suggest that they get a copy of their insurance and file their claim against your insurance instead of you personally.
Since you did not flee the scene of the accident and no one was injured in either accident, this is not likely to be a serious criminal matter; rather, it will likely be resolved through an insurance claim or mutual agreement.
If you have any query please feel free to contact us
Please remain calm. What you have described appears to be a minor parking brush incident, not a criminally grave situation. Let me explain clearly what your legal exposure is and how you should handle it.
Was Any Offence Committed?
Under the Motor Vehicles Act, 1988, a driver involved in an accident must:
From your narration:
✔ You stopped
✔ You spoke to the owner
✔ You waited around 10 minutes
✔ There were only minor scratches
There was no injury, no major damage, and no intention.
This is important.
Leaving after attempting to engage, especially when the other party refuses to cooperate, does not automatically amount to hit-and-run, particularly since you did not flee immediately.
What Can the Other Owner Do?
Realistically, he has only a few options:
(A) File a Police Complaint
He may lodge a complaint alleging:
In such minor scratch cases, police usually:
Arrest is highly unlikely in such a minor property damage matter.
(B) Claim Through Insurance
If he noted your vehicle number, he may:
Since you have comprehensive insurance, this is the most common route.
(C) Demand Cash Settlement
He may try to contact you (if he obtains your number through insurance/police) and demand money.
You are not obligated to pay cash on the spot.
What Should You Do Now?
Step 1: Inform Your Insurance Company Immediately
This is very important.
Even if no claim has yet been filed, intimate your insurer about:
Insurance policies require prompt intimation.
Failing to inform may create problems later.
Step 2: Preserve Evidence
If possible:
This protects you if exaggerated claims are made later.
Step 3: Do Not Panic If Police Call
If police call you:
In minor vehicle scratch cases, matters usually end at the police station itself.
Could This Become a Criminal Case?
Technically, minor accident cases may involve provisions relating to rash/negligent driving under the Bharatiya Nyaya Sanhita, 2023 (earlier IPC 279/337 type situations).
However:
In practice, such cases rarely escalate unless there is injury or serious damage.
Worst-Case Scenario (Realistically Speaking)
The most likely outcomes are:
- Insurance claim adjustment
- Small compromise settlement
- Police calling both parties and closing matter
Very unlikely outcomes:
This is not that category of case.
Important: Do NOT Contact Him Aggressively
Do not:
Just wait. Let process take its course.
If He Exaggerates Damage
Sometimes people try to claim:
Your insurer will conduct survey and assess genuine damage only.
Insurance companies do not blindly pay exaggerated claims.
Final Practical Advice
You acted responsibly by stopping.
Now:
✔ Inform insurer
✔ Stay available if contacted
✔ Cooperate calmly
✔ Avoid cash settlement under pressure
This matter is legally manageable and common in urban driving situations.