Hi all, recently one night while I was traveling in my car along with my family, i had to slowdown my car at a school zone due to a speed breaker, instantly a motor cycle hit me from back, and soon after that i halted and looked back worried what happened, the bike was standing flipped and a person was lying beside it unconscious, later he was sent to hospital with the help of locals and emergency helpline. it was a dark, small road with no median or street lights. I had a damaged back and bumper. My question is am i eligible to legally proceed against him for the damages. Please note that my car just slowed down(still running) and not completely stopped while being hit and I am holding all the required documents to legally drive a car. Please also let me know if he is eligible for any legal actions against me. Thanks in advance for your valuable suggestions. more
You are eligible, provided you had informed to the nearest Police station &/Or Ph. 100 Or Police Control Room. If NOT, You are still to do that for your own safety for future eventualities. He may sue you subsequently for Rash & Negligent driving &/Or Similar Charges, even for Medical and Other Expenses -temporary & Permanent disabilities etc. It is also advisable to intimate to the Insurance Company in writing, so also the Police, taking the acknowledgement - without fail. more
as a general comment on any accident. 1st take photos ith mobile phone ( very common now ) which gives full view of the site & clearly shows ur vehicle & the other relative to different road objects like foothpath , divider , lamp post, from different angles, so that if ur not a photgraphy expert u dont miss out the correct angles. This will enable u to establish the exact spot of the accident later on without much ambiguity or discrepancy & help to proove the cause of accident. 2) take some close up shots to establish the extent of damage to both parties, including licence plates photos so that there is good evidence for insurance claims. 3 ) most importantly arrange for transport of the injured to nearest hospitals with the help of locals if required. 4 ) if there is little or no injury to the other party , exchange driver licence nos etc in case there is requirement to settle any insurance claims. 4 ) Report the matter to the nearest local police from a realistic point of view, or the matter could end up like that of some famous movie actor, where the full accident could turn topsy-turvy depending on the other party. more
Make a claim to the company with which your car is insured for the damages after making a report to police.Insurance company will demand FIR Copy. more
Nobody is discussing on the main cause of the accident, the accident occurred due to the speed breaker in the night time, whether the speed breakers are visible and any kind of indication is there, or the speed breakers are applied by white paint or before the speed breaker any kind of signal symbol is there to apply mind and if nothing is there for the riders of two wheeler and four wheeler, whose responsibility to put all these things has to be charged instead of fighting together, brief the incident to the print and electronic media to create awareness among the general public and the government. more
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