Motor accident
Querist :
Anonymous
(Querist) 28 November 2011
This query is : Resolved
At a interjection of a road, I was driving straight and a bike passenger driving fast stumbled on the car and fell to his left. He was on a friend's bike, (no insurance) and got injured - because of bad skid and fell on the road. I have taken care of the medical emergencies and offered to get a formal police complaint to facilitate insurance claim. However, the injured persons and the owner of the bike have no interest (he would get the claim due to lack of insurance) and plead for settlement of medical expenses. I intend getting a disclaimer from the person that there would be no further claims, once the medical treatment is taken care. Would this be fine.
adv. rajeev ( rajoo )
(Expert) 29 November 2011
You have to take the letter from them in respect of this and no claim will be made by them in any court. who knows what comes in their mind
mahendrakumar
(Expert) 29 November 2011
I think such letters do not prevent them from seeking legal recourses.
in the present case,because of the fact that vehicle has no insurance,they are not likely to proceed further.
Deepak Nair
(Expert) 29 November 2011
Hello,
Kindly note that if the fault is on the biker's part, then you can also claim damages from him. If it is not so, I suggest to get a declaration from them inccorporating the following points:
1. He accepting that there is no negligence on your part.
2. He acknowledging the receipt of medical expenses.
3. He will not claim any amount as compensation for injury or damages.
M/s. Y-not legal services
(Expert) 29 November 2011
dear author., since he dont have valid insurance he will not go for any further legal remedy. so dont worry., you are in safe hands
Shonee Kapoor
(Expert) 29 November 2011
I agree for safety sake, take such declaration.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 29 November 2011
Advice of Deepak seems realistic and it should be got adopted for safer side. You can lodge FIR against him and this is the only best solution for all future complications.
