A Faultless Accident. How To Proceed?

[TSIVipul]

This is how everything happened:-
Today I and my friend went to the railway station for some work at about 5:30 am,while returning back from the station,on a turn around we were turning our car at about 40 kph and suddenly in no time two girls dressed in school uniform appeared from nowhere on a red Activa,bruised with the front bumper of the City on the left side and fallen down on the road(actually I am quite out of words for explaining it completely,so let this pic explain it):-

• White car-Honda City of friend.
• Red thing-Activa.
• Yellow line-Our way.
• Blue line:The path for Activa.

In the second pic:

• Blue line:The wrong way the Activa took.

We were just crossing the turn around and suddenly Activa appeared from nowhere,due to panic my friend applied hard brake but was unable to steer the car towards right,as a result the Activa's rear portion bruised with the car's front bumper at the left hand side and the scooty fallen down on the road injuring both the girls.
As soon as the accident happened I shouted at the friend 'Bhaga,bhaga(flee flee)' but in the nervousness the bogged the car down and as a result we had to stop as now some people(morning walkers,some more vehicle owners and one autowallah) had already surrounded the car,so I rolled down my window and said "Bhaisahab,gaadi side mein toh lagane do(Bhaisahab,let us park the car on side)".
So we parked the car and I came out instructing the friend not to come out in any case,just lock the car and stay inside until I ask him to come out.So some of the guys said "Iss,driver ko bahar nikaal(call this driver out)".
I:Why?Sir,I am the owner of the car.
People:Chala toh woh raha tha,bahar nikaalo isse(he was driving,get him out).
I:Mein toh hun,aap log kaho kya karna hai(I am here,tell me what to do).

One man rushed towards the driver seat and violently pulled the handle.

I:Dur hat be(keep away).
People:You guys were driving like mads,you have hurt the girls,you people drive big cars and think that other people have no life etc etc etc..
I:Its not our mistake,she was riding scooty like hell.
People:We saw you guys,you were driving at 100 kph.
I(in full anger):Tujhe mein pagal dikhta hun be?Tu mod dega yahaan gaadi 100 pe?Muh band rakh.(I look mad to you,you will drive here at 100 kph,keep your mouth shut).

I opened the driver's door and said "Yeh raha driver,jisme himmat ho haath laga ke dikha(this is driver,whoever is daring enough just touch him)".

Saying this I took the driver's seat and got him on the front seat and started driving saying "Hum nahi le ja rahe inhe hospital,tum logo ko jyada chinta hai toh le jao(We are not taking them to hospital,you people are more caring,then take them yourself)".
I started moving the car despite of having some people standing in front,but then an elderly aunty knocked on the window and I stopped and rolled down the window:-
Aunty:Beta accident toh aapki gaadi se hi hua hai na(beta,its your car which got involved in accident).
I:Yes aunty,but it was not our mistake.
Aunty:But the girls are injured and one is seriously injured,then you guys must take them to doctor.
I(After thinking for sometime):Okay aunty,get them in.

Now I,aunty,uncle an both the girls were in the car and friend was riding the scooty.

We made calls to their homes and soon the parents too arrived.And when we met them then we were like whoa!
They had one policeman with them and within 15 minutes the friend was arrested.I asked why?And response was simple "FIR".Causing accident due to negligent driving!!

Though the friend was soon out(jugaad and all) but the SI instructed us to file a case demanding the investigation of the matter.This will easily save the friend.

Now my questions are:-

• Should we file such a case?
• Should we try to settle down the case outside only?
• One girl was unconscious due to head injury,will it give them any advantage?
• When we know its not our fault then should we keep standing strongly and approach court?
• The girls were on their way to tution,they had no helmet and no DL,will it give us any advantage?

Note:We are not ready to pay even a single penny to the family members of the girls at any cost because its not a fault of ours.

 

[sudeep.roy]

Re: A faultless accident,how to proceed?

Dude,

As far as I see it,
1) They were driving wrong way
2) No Helmet
3) No DL
4) Might be under age (just check)

Given all this, its a won case for you. You should have filed a counter FIR against them immediately.
Just tell their parents that the mistake was not yours and you don't mind going to court. Even if it was your fault, and they didn't have DL, the case still swings on your side.
Lastly, I hope none of the girls were seriously injured.

 

[codename47]

Re: A faultless accident,how to proceed?

On the Round about , rule is to give way to the people on your right. Say you were on the first pic in white car and the scooty came from right side which is initially a right step , you have to stop and let the scooty go and then you can move ahead.

But in the second image , the girls came from the wrong side , you can have 15 million people standing by girl's side but it will remain wrong because girls rode on the wrong side of the road. Its not America or europe. I guess you should explain this to the Police and get them to pay you damage fees.

Indian people gets emotional too easily is it? I would have asked them to cut the crap , do whatever you wana do.

People who start taking sides , I call them rats ! because once its solved , they just hid themselves in their rat holes . They are just sh*t talkers, I would have drove off them if they had tried to stop me

 

[Superbad]

Re: A faultless accident,how to proceed?

irrespective of the fault, i am not sure how you get into so many accidents.

first and foremost remember you are driving in india, people get driving licences without even going for the driving exam.so basic knowledge for driving is next to nil.

doing turnarounds were you still trying to test the driving dynamics of the honda city?

if it was empty stretch if you were doing reasonable speeds you could have avoided the accident.

please for the sake of the illiterate drivers(not knowing the rules of driving) buckle down your average speeds on such stretches.

regarding your case , facts can be very well be twisted.

i have seen recently many cctvs are been installed in parts of delhi, if you can get the footage then you should win going by your narration.

else if dependent solely by witness counts then those facts can be twisted to their liking.

there should be counter FIR from you asking whether they had a valid driving license.

 

[dharmesh]

Re: A faultless accident,how to proceed?

I think you should file the case, as girls were driving from the road side. You could easily prove that it was not your mistake. What settlement are you talking about? It was not your mistake.

 

[Akash]

Re: A faultless accident,how to proceed?

Sorry to hear about the accident. From what i have understood from your post, it is very clear that you were not at all at mistake. IMO lodge a counter FIR as soon as possible.

Now speaking practically, where girls are involved, something like this is sure to happen, even though you are not at fault.

 

[krish_go]

Bhai, I would say immediately Log a return police complain against the girls.
1- Parents will be little taken back becos its their girls who were driving wrong side.
2- You will be safe of any further legal issues against you and (im 100% sure) they will come for a compromise.
3- If the case will surely come to a compromise as no eye witness will come forward (as they are morning walkers and Its India) You will have a upper hand
4. No one can now blame its a hit and run case because of return case.
Also, please discuss with a local lawyer (if u know anyone in our circle)

 

[afrose3]

when you came to know those girls dont have licence you should have filed case . have a talk with them and if they compromise then its ok . i dont think they will go till court because they know that its their mistake to give the vehicle to their daughter and that to knowing that she dosent have licence which means even if they know to drive , the government dosent consider that they can drive . the winning is on your side buddy

 

[dr_sachin]

If everything happened as you described than you are 100% safe.You must lodge a complaint.The facts even if fabricated must be proved,you must take advise from a local lawyer and proceed.
Everyone will be on girls side right now as they are girls and injured too,but as the time goes by only the real facts will stand,and i am sure this whole incident will take a good piece of time to resolve and as the facts become clear the one who is really guilty will definitely get down.In your case the girls looks guilty so their parents will come to you for compromise.Don't worry and proceed.
A similar thing happened a few years back with my friend and the case took nearly a year and half for resolving,initially everybody was on the other side of the boy who was injured but as his parents slowly realised that their boy was guilty and they will get nothing from our side they used to call and came numerous times for compromise,but my friend made them learn a real lesson and left them in last due to pressure from own parents as the boy's parents used to cry in front of uncle and aunty.

 

[TSIVipul]

Okay guys,so yesterday whole day passed in all the jhol jugaads and in the night when I tried to update,then TAI was not opening.@Mods:Are you hearing?Then I slept at 11:35 waiting for TAI to open.

Okay so one more case that happened was:-
At about 10:30 I got a call from friend,his voice was not as clear as always and he asked me to reach hospital.I took another four guys and reached the hospital and I was like to see the friend,his lower lip was cut,there was a good signature of someone on his cheek and his lower gum was bleeding.I asked "Who did this"? and came to know that brother of the girl who owned the scooty did this as soon as he saw the friend.But instead of worrying I was happy because now I knew that we got one more point and now we can put them under intense pressure.
In no time I was shouting at the SO(Station officer) that what was he doing in the station when this happened and SO said "Sir,if you do FIR then we can file a case of physical assault".

And we did it,now the friend was out on bail and girl's bro was inside..

We have already filed a counter FIR and hearing will be soon(maybe today itself) rest we have got three eye-witnesses too.One was the uncle-aunty couple who accompanied us to hospital,after a lot of requesting they became ready.

And second is an army personnel who was on duty near the turn about(It is the mall road of Meerut cantt).

Yesterday in the evening I went to the house of one girl with uncle ji(friend's father) and talked to them about whole incident and they were like "we will show you".

I suddenly asked "what you will show?We are not interested in seeing useless things".

Then they said "you don't know who we are? this is the most versatile and most said line by any person whom no one knows :)

And again I replied you are not that big that I can know you until you tell me who you are!!

At the end we returned back telling them that neither we are going to make a compromise,nor we are going to spare them or their son at any cost so be ready to empty your accounts and even after that you will be left bare handed.This made them think something,but we haven't stopped to hear them but just left the place in no time.

To shock them even more,we took the same Honda City to their house which was seized by the police,just to show them that its all in our hand and at the night again the car was in station.

 

[dharmesh]

The problem in India is that if car hits a man or some other smaller vehicle then it's car drivers mistake. I remember one incident when I was sitting behind my friend on his bike. We were behind bus as bus was in good speed we followed the bus. On one of the crossing no one dare to cross as bus was speeding and everyone saw our bike also speeding. Despite that one lady tried crossing the road after bus passed and we banged into lady heavily, injuring her leg badly. Me fell down, friend was some few feets away from me and bike was just thrown some where behind. Suddenly people started gathering and got hold of my friend. I ran there and shouted "Usko haat lagaya to dekho, Hamara mistake nahi hia. Tum log jaante nahi hum kaun hia. (same famous sentence )". (Do not touch that guy, It was not our mistake. You people don't know who we are.) . And later that lady accepted that it was her mistake. We asked her if she want us to take her to hospital, she said no and she went by herself.

 

[singh890]

Actually this is the sad part in our country. If there is an accident no matter who's fault it is but people will always find the fault of the bigger vehicle involved in the accident.

In your case, you have a winning case now since those people assaulted your friend. Now since you have filed a counter FIR now i would say just pay some "mithai" to the cops followed with some good contacts and you will be good. I hope you understand what i am trying to say.

 

[Rightnow]

Sad to hear about the incident and I hope everything is sorted out peacefully, though it doesn't seem to be getting that easy.

I know the girls are at fault, but I think you could have done better to pacify the situation.

Why did you try run away from the accident????
I know the girls were at fault, but they were immature too and you know the scenario in this part of our State- people drive with fake licenses, without helmet and what not. We have to accept it. I do.

I am not impressed Vipul Sir.
If you had come out of the car and tried to help the girls instead of fleeing away, I believe the situation could have been better for both you and girls' side. Your reaction would have made it appear like a hit and run case to the public gathered there and that's how everything got worse.

Anyways I hope both you and the girl's family settle down with peace.

 

[smooth rider]

sorry to hear this incident. the ultimate truth is that a small girl got head injury. she might be maimed for life ( god forbid ) the brothers reaction must be forgiven, the girls mistake must be forgiven. i too faced a situation like this. my little daughter was hit by a motorcycle and had her nasal bone fractured.it was her fault as she had jumped in front of the bike driven by a teenager. the boy took off with out helping my girl to the hospital. so i lodged a complaint with the police. then the boy came to me and said his part as he too was injured. i and my wife forgave him and didn't press charges.

 

[Vishwas]

Oh, this is very bad. This is the reason where many people's life are claimed or injured when they ignore traffic rules (those Girls), be it big or small.

I:Dur hat be(keep away).
People:You guys were driving like mads,you have hurt the girls,you people drive big cars and think that other people have no life etc etc etc..
I:Its not our mistake,she was riding scooty like hell.
People:We saw you guys,you were driving at 100 kph.
I(in full anger):Tujhe mein pagal dikhta hun be?Tu mod dega yahaan gaadi 100 ..
Aunty:Beta accident toh aapki gaadi se hi hua hai na(beta,its your car which got involved in accident).
I:Yes aunty,but it was not our mistake.

That was a good move, it's more difficult to tackle people than the injured ones, in the normal scenario, people won't concentrate on the severity of the injuries, they just come and seek to hit the person who made that happen