Met with an Accident; Quite Serious

[alexddas]

Re: Met with an accident, quite serious

Welcome sonakshi,
you are now at the best place to discuss on the mishap.
you need no worry on what happened.
An FIR will be taken against you as you are guilty,dont worry on that too.
Even if that biker pass away(may god bless that that do not happen) also there is nothing to worry on it as it was not an intentional one and as no one can prove a personal grudge on you to him.
You can take your car and you can leave on bail of two persons.
Your insurance company will take up the case and a petty charge of a minimum 2500k will be charged against you, and this can be remitted with the help of an advocate.
You can leave india in this bail but the two persons who bailed you will be responsible.
You can also claim your car at your insurance company.

And its better do not go face in person to the guys relatives.
Give your compensation if you feel guilt.
If the guy is alive or dead he/his relatives will get the compensation from the insurance company if he has a valid license and if the bike is insured at least a Third part one.

And be careful on your drives in future.

 

[VipinLJ]

Re: Met with an accident, quite serious

I'd ask you not to lose too much sleep over it.

1. Get a good lawyer. He will definitely be able to help you out. And plead guilty like how Dr. Aneesh said. Or else, the case can go on for years (and by that, I mean not one or two or even three years) and they can harass you by asking you to appear in court as and when they desire.
2. As far as possible, try not to let out the fact that you are a US citizen. People cannot be trusted and the fact that you are a US citizen may work out to your disadvantage. The biker and his relatives might try to milk you off of as much money as they can.
3. Pray that the biker doesn't die. Also pray that he turns out to be a nice guy. If he is a nice guy, maybe you can ask some relative of yours who has been in India for a long time to try and talk to his family and see if you can help them in some way that both of you find acceptable and wrap up the case.
Like I said, no need to fret. These things happen no matter how careful you are. Try to be xtra careful next time.

Regards,
Vipin

 

[Mahender Singh]

was 19th feb bad for both of us?
i was driving wagan'r around 9.30 pm at around 50 kmph, on single lane road, a truck passed and due to his high beams i was blind for few mile seconds and behind the truck, a cow was trying to cross the road. I slammed brakes but car got skid, cow was half left, but didn't got to stop and hit poor cow, hit was so powerful that cow got throw away few meters but finally managed to stand up and ran away. I stopped car, looked for cow for any injuries, but she was nowhere, then i inspected car, Whole bonnet was smashed, left headlight glass broken down, front grill, and left side door was also mis alimented, was not opening properly.
Lot of people gathered there, some was even trying to threaten me, somehow a person recognized me as bank staff and he handled situation and let me go away.....

Now part 2:
Car is around 7 years old, and not MINE, It belongs to my bank's officer colleague,
I simply said sorry to him, then dropped him home. (he can't drive car because of medical reasons and that's way i was coming in his car to pick him from office to drop him home)

He asked estimate from his son and as per them same type of accident was alfo happened before and that time insurance company paid 18000 and they paid 15000 to get the car done. and asked me to keep atleast 10000 ready for repairs. HE will go to service centre on saturday.

i would like to ask how much insurance company pay for 7 year old car? does it really cost me 10000 to repair wagan'r bonnet and headlight with insurance?
How much should i accept?
bonet is totally damaged, front grill is also cracked, as cow was got hit from left side so from left side car is totally misaligned left side door is not opening properly (opens around 20 inches) head light glass is also cracked, these are visible damage didn't took pics as i thought it would be bad in that situation. but surely every thing connected with bonnet is damaged...

kindly guide about estimate cost, and how much will insurance cover? As per my dad everything of iron is covered fully under insurance, and have to pay 50% for plastic part, as per my dad after insurance remaining amount should be below 2000.

 

[Sonakshi]

Re: Met with an accident, quite serious

@ Sonakshi : Reading your situation i feel its completely your mistake in the situation.
By this i mean that its your mistake but it was not done intentionally.

- The lorry was within the lane so he does not come at fault or negligent driving.
- When you saw the bike guy overtaking you should have waited for him to overtake rather than going behind him.
- Biggest mistake you pressed the accelerator rather than the brake so which is your fault and not the bike guys nor the lorry drivers.

Seeing all the above points i feel your whole future at the moment is based on the survival of the Bike rider.
Considering the facts that you want to go abroad and settle do not let this thing go upto the courts try for an out of court settlement for whatever the situation may be. As i am not completely aware but a mark on your name will surely cause some problem for an abroad visit or settlement.

Finally whatever the outcome be prepared for a lot of bribery from the cops.

Nothing to scare you but its the truth so be ready with all your backups.

The bike overtook after me and came behind me. I hit him when I tried to turn back behind the lorry.

Doesn't the biker have some fault as well in this case?

Anyway I've found out about the biker and he's fine and not in hospital anymore. No broken bones or anything just skin cut wounds.

 

[appus]

Re: Met with an accident, quite serious

Anyway I've found out about the biker and he's fine and not in hospital anymore. No broken bones or anything just skin cut wounds.

Thank God ! He is safe.
Please overtake when you have enough space. It is not US. There most the oncoming vehicle give you a pass sign in same situation. But, in India, most of them will block you so that you hit somewhere.

I am so happy for the bike guy. Who ever fault it is, it is a life !

 

[*SMK*]

kindly guide about estimate cost, and how much will insurance cover? As per my dad everything of iron is covered fully under insurance, and have to pay 50% for plastic part, as per my dad after insurance remaining amount should be below 2000.

sorry to hear about the accident, it is hard to give an estimate based on outside looks. check with the service centre guy for a probable estimate or else wait for the analysis of adjuster (insurance co.) to complete.

for metal parts they will calculate depreciation. as it is a 7yr old car, the depreciation value would be more (amount payable by insurance co. = actual cost - depreciation). More the depreciation, less the amount you receive from insurance and you've to pay more out of your pocket to replace. if the estimate of service centre is too costly, check with local garages!

 

[Sam Dinkar]

Mahender, everything is a mere speculation unless the insurance surveyor checks out the car and tells you the exact amount that shall be covered under insurance. That minus the repair quote given by the dealer shall work out to the amount which is to be paid out of own pocket. So don't lose too much sleep over it since there's nothing much you can do now. Do, however, ask the insurance surveyor the reasons for his settlement claim and cross check the same against the policy statement.

 

[suresh_gs]

I was driving at about 65 kmph. There was a lorry and a bike in front of me. I turned in the opposite lane to overtake and the bike was also trying to overtake. I horned before overtaking and the lorry didn't slow down or anything. In fact seems like he went faster. Then an oncoming car came and I tried to brake but for some reason my foot got stuck with the accelerator pedal. I turned back behind the lorry and hit the bike sideways and my car crashed into back of lorry. Damage is quite extensive and biker had no helmet and got injured.

I don't know details of injury but he couldn't get up and was bleeding. He was taken away by ambulance.

Police took a statement from me and lorry driver.

I'm really scared and I've only had license and car since quite recently. What is the procedure from now? Are there supposed to be any court appearances or anything? Who is at fault in the accident, lorry driver, me or both? Or will my insurance just handle it for me?

I would suggest you to take care of the medical expenses of the bike person. By this humanitarian gesture, there is a possibility that the bike guy might drop some charges against you. Please take care while driving henceforth especially while overtaking.

 

[anshuman8]

@Mahender Singh, the damage does not seem to be much. Since its a 7 year old car I would advise you to tell them to get it done from any outside garage which will be quite cheaper.

Please post some pics of the damaged car if possible.

 

[Mahender Singh]

As its not my car, i can't speak anything but have to simply accept situation, and i have learnt my lesson to NEVER drive any other's vehicle.. This monday i'm coming to delhi to have a long drive to bring my car here. will post travelogue soon.

@anshuman8, i don't want to visit them till car came in its original shape, so no pics, they will visit to service center on Sunday, and i'll be out of town by then.

Sorry for hijacking Sonakshi's thread.

 

[pravin1987]

i suggest you to get the repair done outside. my friend's i10 was repaired and repainted at a cost of 45,000. it was total damage and there was a bend in the chase. and for the same repair the showroom quoted some where around 2 lakhs after negotiation. the job done was excellent.

 

[alexddas]

Sonakshi please update on that bikers health and the current situation please.

 

[Golden]

Hi Sonakshi,

Usually there are two cases out of an accident :

1. A criminal case (as you mention FIR case) for offences usually like rash and negligent driving, etc (Police case)

2. A MV case (Motor Vehicle Accident Case) for compensation for Damages, Injuries caused etc (Private case)

In the first case you will need to plead guilty (whether you like or not) and pay the fine imposed. That's the end of matter in this case. If notice in this is yet un served, status on this case can be known from the court records with help of an advocate.

The second case appears only when the victim (Biker) chooses to file a case for compensation (damages to bike and injuries to person) based on the first case. This case may not be filed immediately but can be filed by him later too. You will get a notice if filed. If filed your insurance company will also be made a party (provided you had insurance at the time of accident) along with the owner/driver of vehicle. It is always better to get yourself represented in this case by an advocate to put up your defence and see that the Insurance company does not fasten the liability of compensation upon you. If compensation any, is determined it will be payable by your insurer (if you have everything in order mean DL, RC, Insurance, Not driving under influence of alcohol etc) though it was an accident caused involving you. This is the end of other case.

Hope this helps. So, if you want to compensate the biker, keep in mind the above and take the settlement in writing with two trusted witnesses. Apart, its not much to worry about as not a very serious case, but still please do consult a good advocate before all.

 

[alexddas]

QUOTE=alexddas;368101]Sonakshi please update on that bikers health and the current situation please.[/QUOTE

 

[Sonakshi]

QUOTE=alexddas;368101]Sonakshi please update on that bikers health and the current situation please.[/QUOTE

Update on situation, biker is fine and I have got in no trouble so far. Unfortunately though I got into 2 small accidents since this incident with my new car . One being partially my fault and one hard to avoid.

In a parking 2 cars had parked to close to each other and I hit the door of one car while parking.

Then just yesterday, I was behind a slow lorry and another car overtook me and came behind the lorry and stopped suddenly. I tried to brake hard but twisted my ankle and my shoe broke and didn't stop in time.

Luckily nothing serious but my luck is not good.