- This topic has 17 replies, 8 voices, and was last updated 1 year, 1 month ago by
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AHey everyone, I’m in a bit of a stressful situation and could really use some advice.
A few days ago, while reversing my car in a private parking area, I accidentally bumped into an electric pole. It wasn’t intentional, just a misjudgment on my part. My car also sustained some damage in the process.
Yesterday, I received a call from the police informing me that the electricity department has filed a complaint against me at the police station regarding this incident.
Today, I went to the police station as requested. A representative from the electricity department was also present. He stated that the electric pole was repaired and is now demanding ₹40,000 from me to cover the repair costs. From what I could see at the time of the incident, the damage to the pole appeared to be quite minor.
I’m feeling quite anxious about this. What are my legal options in this situation? Do I have to pay the full amount they are demanding? Should I negotiate? What steps should I take next?
Any guidance or advice would be greatly appreciated. Thanks in advance! -
SFirstly if an FIR was filed then the copy must have been handed over to you.
Secondly is the vehicle insured ?
Thirdly were you driving rashly and negligently and were under the influence of any intoxicant ?
Fourthly what has happened to the pole and what was repaired ?
If you have insurance then ask them to file a case in the motor claims tribunal. For all other points the police can register an FIR but must produce proof of the same. What is the proof that they have ?
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ANo FIR is registered but a complaint has registered.
Yes vehicle is insured.
I was not driving rashly and also wasn’t under any intoxication.
They are saying that they changed the pole but I don’t think pole is changed, pole damage was very minimal.-
SWhat complaint can be registered? If it’s for wilful damage to property then they need to produce evidence that you deliberately hit the post with your car with the intention of causing damage.
If they are claiming your car hit it because you didn’t exercise enough care , it’ll still need a motor claims tribunal ruling and that will be handled by the insurance company.
Just refuse to pay.
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AIt was a notice not complaint from police station to appear in police station, today when I went there, and person from electricity department was also there, he present bill of 40k, that I refused to pay, then he go away, then police said that they will call me whenever necessary. I didn’t hit it on purpose, my car is also damaged and my car is only a 1 month old.
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AHire a lawyer and refuse to go to the police station, you can tell them you will settle the matter in court
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SIdeally the electricity department ought to have filed a claim before the motor accident claims tribunal, which is the usual practice where I am from, and then your insurance company would be called to make good any loss suffered on account of the accident as is good likelihood that your vehicle had adequate insurance to cover for the damage caused.
I would start with checking the policy documents to verify if this sort of an accident would be covered under the policy, if they are, you could respond to the complaint filed with the ground that the same has been filed at the wrong forum if the claim is only regarding compensation.
The police could still act if there is reason to believe that the vehicle was being driven rashly and negligently under the Bharatiya Nyaya Sanhita and corresponding provisions of the electricity act.
Rest, I could help further if I had greater details.
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LTo file case in motor tribunal, is police complaint or Fir required?
Do they keep the car in police custody until judgement?
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SFiling of a criminal complaint or FIR is not mandatory, but an intimation of the incident helps set the case up for claims to be filed on the civil side.
The car technically becomes case property in the criminal proceedings but the same can be released by moving an application for release of vehicle on superdari.
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AI filed a claim for car damage, should I have mention to insurance guy that electricity guy asked me for 40k ?
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