Urgent advice required?

Question

I met with an accident last friday. Pls suggest as this is the first time I have to deal with police and am confused :

Sequence of events : (06/02/2009)

- My car was stationary as there was heavy traffic congestion on the road. Suddenly, a car came at a very high speed and hit my car from behind. The impact was so high that my car moved few meters ahead and hit the car in front of me.

- Both vehicles were escorted to nearby Police post by a traffic constable. I gave 2 copies of a written complaiint to the police. They refused to give a acknowledgement and kept both the copies.

- The Investigating Officer (IO) suggested for a unofficial compromise by making the other party pay 1500-2000. All this went on for 3 hours. Then, I agreed to go with IO and 2 relatives of the other driver to the DD Motors w/shop at Mayapuri to ascertain the cost of repairing the damages. The w/shop gave an estimate of 24000. The other party refused to pay.

- The IO asked me to accompany him to Dhaula Kuan Police Post so that my car can be impounded. I refused and dropped him at Mayapuri intersection and came to my home. (I also recorded a conversation with IO in which he mentioned that I am a 'mudai' and the other party is 'mujrim')

- Later I recvd a call from a SI apologising for the misconduct of his sub-ordinates. He offered me the option to accept 10000 from the other party. He also informed that an FIR has been filed and I must bring my vehicle to Dhaula Kuan Police Post. They will take photographs of the vehicle, impound it and then release it. (I have recordings of 2 telephone calls with this SI).

(08/02/2009)

- I have collected the copy of the FIR. The FIR content text in english has been taken from my complaint and the hindi text must have been written by police. The've filed a case under section 279 against the other car's driver. I made a mistake of writing the accused's car no. wrong which the police has corrected in the later part of the FIR content.

The chowki incharge is asking me to bring the car for impounding and he says it'll be released on the next day. I told them that the car is not in proper working condition and they can impound it from my residence if they wish, they said they've no provision for paying the towing charges and IO cant pay from his pocket ????


? Should I give my car to Police for impounding ?
? The police says since I am a complainant, a govt lawyer will fight my case ?
? The insurance of the other party will be used for repairing my car ? I want to know if this true then whether the car will be repaired after the case is finished or immediately ?
? My own car's insurance is expiring on 14th Feb 09. Can I renew it in current circumstances ? Should I use it to get the car repaired ? (and lose the max no-claim bonus)
? Can I sell the vehicle when the case is going on ?
? What is the best way to get rid of this situation ?

With regards,

Neeraj

Answer 1

If your car impounded by the Police authorities then it will be released only on the Superdari which for which you apply & get from the district court under which the Police station is situated.

Secondly the case under section 279 Indian Penal Code is cognizable offence which is conducted by the public prosecutor/government lawyer, but if you want to engage a lawyer for your satisfaction you can do it but this provision of law provided for Rash driving or riding on a public way only.

Get your car insurance when it expires. You will loose no claim bonus if you claim it now before the expiry of insurance otherwise not. If the other party gets it repaired through his insurance you don't loose no-claim bonus on your insurance.

No you cannot sell your car till the case is finally decided as after taking it back on superdari you are supposed to bring it to the court as & when the court wants to inspect it during the case proceedings, if you want to sell it then the permission of the court has to be taken & the new buyer then claim & take it on superdari, another long process, which means less amount you get for selling it.

No way you get rid of this situation once F.I.R. has been registered now wait till the case disposed off from the court which may take anytime depending on number of such accident cases pending in the district court where it comes up for hearing before the metropolitan magistrate & how the police process it in the court through its public prosecutor.

As far giving the car to Police yourself or they take it themselves is concerned that has to be carried out either of the way, you cannot stop them for it, now its your choice to take it yourself & hand it over, or they bring their crane & tow-it away from your house, in either case the charges for this cartage will be borne by you, as when you get Superdari order from court they will get towing away charges from you before they release your car to you.

Get the car repaired yourself, wait for the other party to pay you amount you spend either directly or through its insurance, or let the other party get your car repaired & pay the workshop directly or through its insurance, otherwise let your insurance pay in that case you loose the no claim bonus for this year ending 14th Feb,2009.

Answer 2

Not sure what the laws are in your country. In the state of California, The driver that is the last to hit in a rear end collision, is responsible for the damages to the other vehicles.

The other driver's insurance is to cover the cost of your repairs; IF the estimator does not find your vehicle "Totaled", meaning the cost to repair your vehicle is more than the car is worth and the insurance will give you the amount of what your car is worth in that case.

Your insurance, yes, renew it to show that you had coverage and continue to have coverage.

Don't sell the vehicle until this is over, otherwise, it may look suspicious to the court

Answer 3

Renew your Insurance just to protect yourself from evil doers. Hire that attorney as fast as you can. If everything you said is true you need legal representation right away. Do not let your car be taken unless your attorney says to do so.

Answer 4

please take following actions:

- inform your insurance company(car insurance) immediately on the accident. tell the truth

- do not take your vehicle to any police station. if they need it, lett them bring a written order

- if need be, contact an accident lawyer. in this case, your insurance company will advise you the lawyer known to them

- Please do not get in to any money issues.

- immediately offer your car for repair and inform the repairing company to inform the insurance. take no action on your own

- do not get scared. follow law in all activities.just relax. there are thousands of accidents taking place every day

Answer 5

Neeraj-



Get a lawyer. It seems tome the cops are jerking you around. They have also opened them selves up to a civil right lawsuit by using racist language towards you. Where do you live so I can stay far away!

Answer 6

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Answer 7

its impossible for most of us eiether american or english to answer your question as laws in every county are different .you will need expert help from someone who knows the law in your country

Answer 8

these low level officers will just keep you roaming around

contact the commisioner or D.I.G