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Pranita Gera (Student)     01 October 2013

Car accident case gone haywire

hi.

my friend was driving my car and met with an accident with a couple on a scooty. the driver and the pillion rider were both without helmets. the woman came right onto the bonnet and hit the windshield shattering it.

we called the ambulance that took them to a hospital of their preference. we also accompanied them to the hospital. they kept telling us they didnt want to file a complaint with the police as we are only college students and they also didnt want to complicate things for us. but this only as long as we paid their medical bills. and we agreed. they both were admitted in the hospital for 5 days, 3 in icu and 2 in a private room. the bill amounted to a massive 45,000. however, on the 3rd day, we got a call from the police station saying they had a complaint registered. it so happened that they had already filed a case against the driver without us knowing and kept fooling us so we would pay their bills. now my car is with the police and we have already paid some 7,000 rupees to the other party as medical bills. 

kindly advice on how to proceed given that :

1. i, the car owner was not in the car.

2. it was NOT a case of DUI

3. the couple had no major injuries. the uncle had a fracture on his knee while aunty only had a minor dislocation.

4. we have been fooled to pay medical compensation from our pocket to settle out of court while a complaint had already been filed.

5. they also told the police everyone present at the scene was drunk while that was clearly not the case. which is why even the police did not consider testing that time.



Learning

 3 Replies

Sarvesh Kumar Sharma Advocate (Advocacy)     01 October 2013

11. i, the car owner was not in the car.

 in the matter of  claim liability is your or your insurance company!

T. Kalaiselvan, Advocate (Advocate)     01 October 2013

The police shall be filing a case for rash and negligent driving and causing injuries to the complainant, (?), subsequent to that the complainants will be filing a case in MACT, then the Insurance company will take care, dont worry.

Pranita Gera (Student)     03 October 2013

what i also wanted to know was what we should be expecting at the court. is it something that can be settled by paying a fine or will my friend and i have to go for hearings for a while? also, the complainant has been absent from the picture for some time now.


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