- This topic has 15 replies, 6 voices, and was last updated 1 year, 4 months ago by
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UYesterday evening, during peak traffic hours, I was involved in a minor accident due to my negligence. I was driving at about 25 kmph when I accidentally hit a biker who was standing at a traffic light from behind. The biker fell, but thankfully, he was wearing a helmet and wasn’t seriously hurt. However, his ego seemed to take a bigger hit than his body.
I immediately owned up to my mistake and asked him to move to the side of the road so we wouldn’t block traffic. He became agitated and demanded I step out of the car right there. I kept urging him to move to the side, assuring him I wasn’t going to run away. After about a minute, he finally agreed, and we moved to the side.
Once we regrouped, I apologized and assessed the situation. It was clear he wasn’t seriously injured, but his bike had a dent. I asked him how we could resolve the issue, saying, “The mistake has been made. How do we solve this?” He responded angrily, saying, “The bike is damaged now. Who will fix it?” Meanwhile, he started calling people to the scene.
I offered him three options:
1. He could claim insurance, and I would cover the No Claim Bonus (NCB) cost and filing charges.
2. I could pay for the damages directly.
3. He could take my third-party insurance details.He rejected all of these options and kept saying, “Wait, people are coming.” He started verbally abusing me and my wife, and it became clear he wasn’t interested in resolving the issue but was instead looking for some kind of revenge.
I suggested we call the police if he didn’t want to settle things amicably. I tried calling, but the call didn’t connect. Feeling threatened and seeing no other option, I decided to leave and go to the nearest police station. As I was leaving, the biker punched me in the jaw. It wasn’t a hard punch, but it was enough to qualify as an assault.
He started following me, shouting and threatening to stop. I told him to follow me to the police station, as I was nearby. He kept saying, “The police will come here,” and continued to blabber. At one point, he tried to cut in front of my car and almost came under it, but I was driving at low speeds. He then blocked my car again and started threatening me.
A good Samaritan, Sadar Ji, saw what was happening and stepped in to calm him down. He convinced the biker to let me go and clear the road. After that, the biker stopped following me, and I drove away as I had a medical emergency at home.
About an hour later, I received a call from the police station saying the biker had filed a hit-and-run complaint against me. I confirmed I would come to the station and immediately called my lawyer. My lawyer spoke to the Sub-Inspector (SI) and explained that I had stopped and tried to resolve the issue, but the biker started threatening me, so I left.
I have a 15-minute, 4K dashcam recording with audio (except for the punch, which happened on the driver’s side). I plan to go to the police station today to share my side of the story and provide the evidence.
What should I do further from here on.. What are my options.
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UPresent Evidence: Bring your dashcam footage to the police station. This video will support your side of the story and demonstrate that you attempted to resolve the matter.
File a Counter-Complaint: Consider filing a complaint against the biker for assault, especially since he punched you. This can help present you as the victim of aggression, which could influence the investigation.
Stay Composed: When you speak to the police, remain calm and respectful. Clearly explain the events leading up to your departure, focusing on your attempt to address the issue and your feeling of being threatened.
Consult Your Lawyer: Continue to work closely with your lawyer. They can navigate this situation for you, ensuring that your rights are protected and that you follow proper procedures.
Insurance: Reach out to your insurance provider to inform them about the incident, as they may offer additional guidance on handling claims and your liability.
Remember, staying composed and cooperative with authorities is crucial. You did your best to resolve the situation, and with the right evidence and support, you will be able to present your case effectively. Good luck!
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UThanks a ton for the advise.
I realized I haven’t even checked the damage I did to my car.. But seems not significant at all… Do I need to inform the insurance company?
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UYes, it’s a good idea to inform your insurance company about the incident, even if the damage to your car seems minimal. Reporting the accident will protect you and ensure that you’re covered in case any claims arise later. It also keeps your insurer in the loop about the situation. You can make a call to the insurance company or Visit the nearby office.
Stay calm and focused during this process, and remember that you did your best to address the situation. Take care of yourself, and good luck moving forward! You’ve got this! -
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UIf I may bother you for another response, what should one do as the victim? [I filed an FIR with the plate number](https://www.reddit.com/r/LegalAdviceIndia/s/z9rkXEIUKV) but it seems that even after the insurance claim, I’ll have to foot a bill of around ₹15K and he’ll be let off with a ₹1000 fine under section 281.
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UAs the victim, prioritize your rights and interests. In this situation, it seems like a fair outcome would be for you to recover the costs of damages from the other party. You can consider seeking legal advice on how to proceed with this.
Here are some key points to keep in mind:
Insurance claim: You’ve already filed an FIR and provided your plate number, which is a good start. Now, focus on cooperating with your insurance provider to resolve the claim.
Legal guidance: Consult with your lawyer to understand your options and ensure your rights are protected.
Cost recovery: Since you may have to foot a bill of ₹15K, explore ways to recover these costs from the other party. Your lawyer can help you navigate this process.
Section 281 fine: The other party will likely face a fine under Section 281 due to their actions. This is a consequence of their behavior, and it’s essential to focus on recovering your costs and ensuring justice is served.
Stay calm and focused on finding a resolution that works for you.
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U“Why? Why?? You should learn how to drive. You handled the matter carefully, but your negligence might have seriously injured him. If you can’t drive, don’t take your vehicle on the road. 25 mph is enough to hurt someone badly.”
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USo does it give him a right to hold me up and bring goons to kill me??
Because all accidents only happen because ppl don’t know how to drive. (nothing truer have been said before).I am ready to face the law for my negligence but is he geared up to face the consequences of assault and putting public in danger by sliding in front of me while driving?.
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UAur kuch bhai?… I am planning to go around with a documentary crew from now on… So that I can save myself and monetize the stuff, pay for litigation.
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RWell by the way, i randomly choose one of your comment, it’s not directed at the above one.
What’s wrong in suggesting that. If one doesn’t have any witness around (if there are, then to keep them in contact for court testimony and they can deny seeing anything if it’s a headache) or any video evidence, how else will a simple assault be proven easily. Body cams, being compact and convenient- are a practical solution to that issue.
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UWell.. Dashcam seemed a far fetched idea until it became a necessity… I won’t be surprised if a body cam too can become a necessity sooner than later.
I think u are right… A body cam is a must in today’s world.
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