compensation in road accident
SATINDER
(Querist) 02 December 2014
This query is : Resolved
Sir, one month backnI met with a car accident. While I was driving on ring road flyover, there was a traffic jam and I stopped my car, one more car also stopped behind my car. Suddenly one another car came with high speed hit the car behind my car and due to that impact the car behind me also hit my car. Due to this my car was also damaged. Myself and the driver of car behind me talked to the driver of car who did the accident and he admitted his fault and accepted to pay compensation after claiming insurance. We took phone no. RC, driving license and made a video of negotiation held between us. We also called 100 and thereafter informed IO about our settlement. Now after getting my car repaired, total expense incurred by me is Rs.19000 and I get only Rs. 9500 asninsurance claim. The person who is responsible for accident and who had agreed for payment of compensation above insurance claim, is now not responding and thus refused to pay the compensation (diference). Now my query is that what remedy is avaiable to me. Can I take any legal action against that person
Dayananda Gowda
(Expert) 02 December 2014
If you are filed any police complaint about the accident, you may claim compensation by filing MVC case against the driver and vehicle who caused accident
Rajendra K Goyal
(Expert) 02 December 2014
The record or 100 call must be available with the police. Whether any documents / statement was taken / recorded by the police. If any FIR was lodged, you can file case for recovery.
SATINDER
(Querist) 02 December 2014
No only call on 100 no was made. Photograph of Rc, driving licence, video of accident scene was made in which the driver of the car was giving his rc, dl and sufficient to prove that he admitted his fault. No FIR lodged. IO closed the 100 no complaint on the ground of settlment. I communicated through sms messages to that person wherein he asked me to apply for insurance and assured me for compensation of diference amount paid by me.
Kiran Kumar
(Expert) 02 December 2014
the possession of documents with you may boomerang if you dont take action in time. he may file a complaint with police regarding theft of his documents or may get a duplicate prepared by other means.
better send a legal notice to him through your counsel immediately in order to save your part.
thereafter you may proceed with the legal action as advised by your local lawyer.
T. Kalaiselvan, Advocate
(Expert) 06 December 2014
You may send a legal notice to him demanding the difference amount spent by you, if he is agreeing to meet the demand then it is okay or in the absence of FIR you cannot claim the same legally from him.
