How to settle accident issue

I am in trouble !!!

I had a dashing between my car and another bike and the bike's silencer got damaged. Also my front bumper got broken. Now since I hit the bike from back and the accident happened, so the biker fellow claiming the damage cost (approx. Rs7K for replacing the silencer parts). I asked him to claim the insurance and if any amount I need to pay apart from insurance then I will pay that, but he says that if he claims insurance then the Insurance company will probe the accident (I don know if he is true or not ?).

I can afford to pay a max of Rs.4000/- and not more than that, which I told the biker fellow, but he want me to pay the whole bill amount otherwise he threatened me to go for filing police case.

For info.. he taken my driving license at the accident site as well.

Please help me to find a way out ?

Please let me know what can I do ? Also please let me know if he file police case for the accident then if the police can seize my car ?

Please help !

Thanks

Suman

Hi Suman,

          I feel sorry for the mess you are in. Hope you or the other person were not hurt.

          First and foremost, never ever, repeat NEVER EVER give away your DL to anyone, no matter what. What proof do you have that he has taken the licence from you? He can lodge a complaint with the police and say that you were driving without a licence, then you will be in bigger trouble. Anyways since you have admitted that it is your mistake, I dont think you could have argued much. This matter could be solved by going to the area Police Station and obtaining a certificate (think its the FIR??), and also of course only after a compromise between yourself and the other party. This certificate can be used to claim insurance. I think the guy was just trying to bully you into giving the money so that he doesnt have to go through the process of claiming insurance n all.

Right now, I think you should try to get your licence back at any cost.

just my two cents. But gurus here can give you accurate information regarding this. And do keep us updated on the proceedings, all the best and drive safe.

btw @Mods , please move this to the correct section.

Guys... even i wanted to know what can be done in this case when the mistake is in our side... what should be done at the incident spot and there after...

When it's your mistake:

1. If you hit something really expensive (like an SL600), you can't afford fixing it. If the owner is a big dirty guy (believe me there are plenty of those), sell your house and fix his car. If he's a nobility, apologize and he will understand your poverty

2. If you hit a bike and the biker is not injured seriously or dead, you are lucky. You are *seriously* lucky. Pay the guy even if he is a little unreasonable. Asking him to put it on his insurance is *not fair*. Btw insurance companies do not investigate into minor claims (<1L, even more) that do not involve injuries (at least mine does not).

3. If there's crowd nearby, see the sentiment, do accordingly. Pay, negotiate, take whoever to hospital, whatever the sentiment demands. Remember, nothing is more important than your being intact and pretty.

4. If it's really dangerous to stop (crowd sentiment etc OR you are scared), go to the nearest police station and tell them the fact. Cops won't consider it hit and run if you report right away (someone pls confirm).

5. Don't give your license to anyone who's not a cop.

6. So far as possible, avoid reporting any accident that can be mutually settled to cops. It's more efficient that way. Rememer : your and the cops' time is valuable.

Having said all that, we don't live in the most civil societies in the world. People get bossy, even physically agressive. Sometimes you hit an Auto or Taxi - they all belong to their brotherhoods - can't help. Tricky, very situation dependent. No standard logic to tackle the infinite scenarios of Indian roads. Sometimes you hit a cow, you lose bumper, cow loses a leg...what can you do? All situation-dependent.

Try love, money, law - in that order. Then try their combinations.

Good writeup, Rajendra!

What do you mean by "Insurance companies do not investigate claims below 1L? Don't they honor them?

Also, unless there is a malafide intent, who is responsible for an accident? Why is it unfair to ask him to put it on his insurance, if you are going to replenish the shortfall for repairs?

Thanks. By 'not investigate' I mean - they don't 'probe' you on the how and where - they just honor it.

You're right of course, legally. But the fact is, the guy will end up paying on his insurance and losing NCB because of what wasn't his mistake. I'm not sure if, in India, he can put it on YOUR insurance - that would be very appropriate. I'd typically not want people to suffer because of what's my mistake outright, specially not bikers. But that's just me

Also, when the points system becomes active in India (where you pay based on your age, gender, marital status ....and hundred other factors PLUS your claims history), people are not going to be willing to go to insurance when it's not their mistake.

I have Tata-AIG. I think they are great. And here's what they say about the policy they provide:

http://tata-aiggeneral.com/tagic/Individual/motor/motor_autosecure.jsp#cover

@ Suman

As others pointed out it was not good to have parted your Driving License(I hope it was a photocopy).

As no bodily injury happened to both sides, you can be charged for reckless(eventhough it is not the exact legal term) driving under section 279 of IPC. If you plead guilty you can be fined an amount of 1000 bucks before the court. If you contest it through a lawyer most probably you will be acquitted.

But you have to produce your car at the police station for inspection by Motor Vehicle Officials ( to prove that the accident happened not due to mechanical fault but only due to your negligence ). In this case you have no expenses apart from the problem of taking the car to the PS.

Even though I am not sure about Rajendra's claim about the limit of upto 1 lakh, I am sure insurance companies (even in public sector) will honour your words for damages below 10k and that too without any documents from police.

For higher amounts they will ask for FIR from the police station(It is the practice here in Kerala, I am not sure about other states).

Tell the guy that you are ready to face the case or settle with the amount equivalent to the NCB(if he has comprehensive insurance cover).

I don't think he will go for a damage suit in civil court for claiming the amount from you afterwards(provided he is not a lawyer).

THANKS to all of you for your kind suggestions and guidance.

I am lucky and thanks to God as no one was injured, not even slightest injury to anyone.

I requested the biker to claim some amount through insurance and rest I would pay, but as per him there needs to be a case filed and after that it could be a lengthy process and he can't wait for long as he want his bike repaired ASAP.

Anyway, finally we settled the matter as I agreed to bear the cost of repair. After a final estimate by bike mechanic at Hero-honda workshop it costed me little more than Rs.6K

Nice to hear that the matter has been settled.  You would have obviously got your license back.

No, I don't think it is mandatory (even if there is some injury).  He succeeded in terrifying you & abstracted the entire loss without claiming insurance.  Anyway!  I hope you have the ORIGINAL bills/receipts of the payments effected – else, he may claim the insurance too.

For academic purpose & to my understanding… we (insurance claimers) are required to bring to the notice of the Company in writing (with or without FIR, as the case may be) of any occurrence, impending prosecution, inquest, fatal injury, death etc. that may give rise to the claim.

FIR is otherwise mandatory in case of theft or criminal act that may have been the cause of damage.

True. But most of the injured prefer FIR to be registered in hope that they can get some compensation from insurance companies through accident claim.

The fact is that compensation is noteable only in case of grevious injury.

Even when FIR is not mandatory, the driver who caused the accident has certain responsibilities which is given in Section 134 of MV Act.

134. Duty of driver in case of accident and injury to a person.
When any person is injured or any property of a third party is damaged, as a result of an accident in which a motor vehicle is involved, the driver of the vehicle or other person in charge of the vehicle shall-

(a) unless it is not practicable to do so on account of mob fury or any other reason beyond his control, take all reasonable steps to secure medical attention for the injured person, [by conveying him to the nearest medical practitioner or hospital, and it shall be the duty of every registered medical practitioner or the doctor on the duty in the hospital immediately to attend to the injured person and render medical aid or treatment without waiting for any procedural formalities], unless the injured person or his guardian, in case he is a minor, desires otherwise;

(b) give on demand by a police officer any information required by him, or, if no police officer is present, report the circumstances of the occurrence, including the circumstances, if any, for not taking reasonable steps to secure medical attention as required under clause (a), at the nearest police station as soon as possible, and in any case within twenty-four hours of the occurrence;

[(c) give the following information in writing to the insurer, who has issued the certificates of insurance, about the occurrence of the accident, namely:-

(i) insurance policy number and period of its validity;

(ii) date, time and place of accident;

(iii) particulars of the persons injured or killed in the accident;

(iv) name of the driver and the particulars of his driving licence.

Explanation.-For the purposes of this section the expression "driver" includes the owner of the vehicle.]