Car accident on christmas night

On 25th Dec night , I with my wife was returning fom a dinner invitation. I was driving at an average speed of 55km/hr. , suddenly I could notice a car coming on the wrong direction in the ring road , towards us. The other car was driving zig zag at quite high speed and before I could get out of the car's way , it hit us and then it flew and hit the pavement. I encountered a bang and my car stopped ( as probably I braked my car ). My car was hit on the left side where my wife was sitting and it has been badly damaged. Fortunately we did not suffer any major injuries ( my wife hurt her knee , head and hand but not so grave ).

I dialled 100 and registered a case and police registered an FIR under IPC 1860 section 279. The driver of the other guy was a fellow of around 22 yrs who was accopanied by another guy and they pleaded with me to not call the police but I thought I should report such an accident and also because I did not know what else to do.

Now I learnt that I won't be getting the full amount and have to shell out around 20-25 K from my own pocket afer insurance claim ( or is it ?? )

What I want to ask the learned audience here is whether the car occupants who hit me are also liable to pay me as compensation ( as they will be having third party insurance as well )

any help will be greatly appreciated.

Regards.

if you have their contact details tell them that your filing a case, get your wife's aswell as your medical done because police would be under your favor as your hurt. try to patao the constable and ask him to extract money from them and keep a share aswell

Thanks Adam...

I thought so as well that my only hope probably is to patao the policewala ...I already told him that he is a fine gentleman as he has registered my FIR....hope it works...

Amalan, Sorry to hear about the accident. It surely spoilt the holiday season for you

This brings us to a question I always wanted to ask: Is there someone who has ACTUALLY claimed damages from the other party and received it? The youngster in this incident is clearly in the wrong, therefore liable for the damage Amalan has suffered.

I gather that the 'regular' slow speed remedy is to file a suit in the civil court for damages, whereas the FIR takes care of the criminal aspect of it. The civil suit liability would probably be claimed by the defendant from the Insurance company.

How exactly is one supposed to proceed in a situation like this? Anybody experienced? Feroz the lawyer??

You cannot claim third party if you have a comprehensive policy of our own (except claiming compensation for death, if any).

Thanks for the replies , gentlemen.

Once the matter is settled, please do share your experience. It will help the forums. Thanks.