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PSo my brother was riding his bike when an Innova car hit him from behind. The bike got damaged, and he ended up with a few scratches on his hands, legs, and back. Now, here’s the issue: the driver of the Innova refuses to pay for the damages.
If my brother uses his insurance to fix the bike, the bike will lose its value, which is frustrating. To claim third-party insurance, the bike has to be sent to the police, but that means paying for towing both ways, which is an added cost, along with legal charges. This also increases the time taken for the bike to be fixed.
Initially, my brother didn’t want to file a case, but when discussing things with the Innova driver and her lawyer, they were super rude and uncooperative. Now he’s unsure if he should pursue this further.
Has anyone been through something similar? What options does he have to get the damages covered fairly without losing too much in the process? Any advice would be greatly appreciated!
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SThe easiest is to claim your own insurance for repairs, then the second easiest is to file charges with cops and hole they “settle” by giving your brother damages.
Thrid party claims take forever.
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PWe got some CCTV footage, that shows that they were trying to overtake my brother and the truck in front of him. But because there was another car coming the other way, they swerved into my brother’s bike. They were also going quite fast in a small residential street. They have absolutely no sense of guilt and didn’t apologize at all. They are just some rich brats. There is also another footage where they go and cut a cake on the bonnet of the car when my brother was waiting for the police to arrive. Initially he was hesitant to even file a complaint but now we are furious at how they have dealt with the entire thing and want to make them pay (justice).
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TFile a complaint under 279 IPC to police. Since the injury is simple, 338 IPC won’t apply. Like someone else mentioned, once you file a complaint, they may try to settle at the PS or in court for getting it quashed. But you must register the complaint at the earliest. Another option is to pursue civil remedies which may take more time.
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