Community › Forums › Legal Advice India › Someone borrowed our car and got involved in an accident!
- This topic has 45 replies, 18 voices, and was last updated 1 year, 3 months ago by
Desisuresh7204.
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UUser_d7c21320
PARTICIPANT
March 17, 2025 at 6:20 amMy dad has a friend who is a garage owner. He usually takes care of our cars. One of our car was kept with him as we got parking problems at our place. Whenever he had to go somewhere, he used to ask our permission to use it and we usually gave it to him. On Christmas last year, he said he had to go his hometown and borrowed our car. That was the last time we saw the car.Today morning 5:30, dad got a call from a Police Station stating that our car has been involved in an accident. Seems like the garage owner’s son took our car and was going somewhere with his friends in the morning 4 o’ clock, and had a terrible accident. He lost his arm and leg, another guy lost his life, other two are also injured.
How do we get out of this mess??
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EExpertmaster7811
PARTICIPANT
March 17, 2025 at 6:27 amNot a lawyer, you should go to police with your lawyer and tell them the whole situation as the person who is driving your car has remarkable wounds on his body so it would not be so difficult to prove your innocence-
UUser_d7c21320
OP
March 17, 2025 at 9:26 amYes dad has contacted a lawyer. They are also filing for a bail beforehand only because we have been told that my dad can be arrested.-
EExpertmaster7811
PARTICIPANT
March 17, 2025 at 10:10 amTry to collect more proof that garage owner son’s was driving the car and ti be in safe side just secretly consult another good lawyer for advice it’s good to look from. Other views-
UUser_d7c21320
OP
March 17, 2025 at 10:17 amYes. We’ll do that. Thanks a lot.
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EExpertmaster7811
PARTICIPANT
March 17, 2025 at 10:10 amTry to collect more proof that garage owner son’s was driving the car and ti be in safe side just secretly consult another good lawyer for advice it’s good to look from. Other views
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SSilentninja9967
PARTICIPANT
March 17, 2025 at 6:28 amAre the victims minors?-
UUser_d7c21320
OP
March 17, 2025 at 9:39 amThe driver was not. But idk if he had a DL or not. And other passengers were his friends so chances of anymore being minor is rare.-
SSilentninja9967
PARTICIPANT
March 17, 2025 at 12:22 pmFile an FIR of theft against the son. It’ll be sufficient to protect you against any consequences from the law.-
UUser_d7c21320
OP
March 17, 2025 at 1:15 pmNah we don’t want to play dirty unless it is absolutely required.
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PPoonamthinker574
PARTICIPANT
March 17, 2025 at 6:29 amSeeing the injuries here, your car isn’t a car anymore.-
UUser_d7c21320
OP
March 17, 2025 at 9:28 amYeah we have given up hope on the car. Just want to settle the case without spending much time, money and energy.-
FFiercepanda3783
PARTICIPANT
March 17, 2025 at 10:21 amAll the best OP. I understand what u must be going through.-
UUser_d7c21320
OP
March 17, 2025 at 10:38 amI just don’t want Dad to be involved in this for long because any legal case will also impact his work and employment.
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CCleversajal8453
PARTICIPANT
March 17, 2025 at 6:35 amThe ‘mess’ has just started.
Check your car insurance policy, keep a copy with you and approach a good lawyer near you dealing with MACT cases.
While I don’t see any criminal liability on you, those injured may file cases against the car owner and insurance company for compensation.-
UUser_d7c21320
OP
March 17, 2025 at 9:29 amDad tells me that he has a third party insurance. What does MACT cases mean??-
CCleversajal8453
PARTICIPANT
March 17, 2025 at 9:38 amMACT stands for Motor Accident Claims Tribunal-
UUser_d7c21320
OP
March 17, 2025 at 9:43 amAlright we’ll look into it.
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BBrightwolf5745
PARTICIPANT
March 17, 2025 at 6:39 amHi. Advocate here. You’ll need to go to the police station, ideally with a local lawyer to make sure everything goes smoothly. Find out what happened in the accident, and collect a report. I hope you have third party insurance. Do you get an invoice from the friend who takes care of your car? Did you file a police complaint when you “no longer saw your car”? Was your car regularly serviced?-
UUser_d7c21320
OP
March 17, 2025 at 9:36 amMy dad has contacted a lawyer. Seems like they will also be filing for a bail beforehand. Dad also told me that he has a third party insurance. We don’t have any invoices with the garage owner as there was never a big job done on the car. When I said we didn’t see our car after Christmas, i meant we knew they are using it. He also might have kept my dad updated if he was taking it out, I’m not sure on that. But yeah, there was never a need to file a complaint. And the garage owner only serviced the car whenever required.Also, for a little clarification, the garage was shut down quite long back. The owner now has a car paint shop. But he repaired our car whenever required. But as garage was closed, no invoices were generatrd.
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DDesisuresh7204
PARTICIPANT
March 17, 2025 at 1:01 pmDo you have proofs of any payments even if there were no invoices?-
UUser_d7c21320
OP
March 17, 2025 at 1:17 pmYeah i mean transfers and transactions will be recorded in the bank accounts, right??-
DDesisuresh7204
PARTICIPANT
March 17, 2025 at 1:43 pmYes. That’s evidence enough.
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CCalmeagle9213
PARTICIPANT
March 17, 2025 at 7:10 amHow old is garage owners son? Was he driving? Does he have a valid license?Your dad MAY not be responsible for the actions of others, but if the driver didn’t have a licence, then your car’s insurance may not cover this accident and your dad will have to pay to the deceased through his own pocket. Motor Accident laws are very strict and not way around not paying the deceased, even if it was their fault.
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SSmartvineet4006
PARTICIPANT
March 17, 2025 at 9:20 amWhy would his dad pay for the deceased? Isn’t it the driver’s responsibility?-
CCalmeagle9213
PARTICIPANT
March 17, 2025 at 9:55 amIt’s the vehicle owners or insurers responsibility under the MV Act to pay compensation for accident victims. The driver may be criminally liable. Owner can file a suit to recover the money from the driver.
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UUser_d7c21320
OP
March 17, 2025 at 9:38 amI know he’s working, so at least 21 y/o. Now, I dont have idea if he was the one driving and if he has a license.The paying part is what we are worried about. Paying the lawyer, cops, car is anyways gone, now we have to pay for the family too??
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CCalmeagle9213
PARTICIPANT
March 17, 2025 at 9:59 amCompensation is to be paid to all the victims of the car accident. This is where the insurance company steps in. And that is why third party insurance is mandatory for all vehicles.But if the vehicle was driven by someone without a licence, then insurance company can deny payment and money will then be recoverable from the owner of the vehicle. All this is if they file a Motor Accident Claim and goes to court. If the driver didn’t have licence, then try to settle everything out of court.
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UUser_d7c21320
OP
March 17, 2025 at 10:16 amYes even i was thinking about it. But yeah, will take a toll on our pockets anyways.
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SSourabhdude389
PARTICIPANT
March 17, 2025 at 7:58 amNot a lawyerLegally car is your dadโs liability. If the deceased or injured peopleโs family decide to file a case, your dad will have to roam around in courts.
I just hope that your dad got a valid third party insurance or else this will get a lot messy for your dad.
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UUser_d7c21320
OP
March 17, 2025 at 9:41 amWe have a third party insurance. We just have to see if the family files case or not.
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CCalmsridhar6186
PARTICIPANT
March 17, 2025 at 8:42 amIf the driver of the car is not a minor and has a valid driving license, won’t be much of an issue for your father personally. However, if the car was being driven by a minor, then it’s a problem. Lawyer up and visit the police station.-
UUser_d7c21320
OP
March 17, 2025 at 9:43 amWe are speaking to a lawyer and filing for a bail beforehand. We also have very minimal info on this. We’ll get to know the whole case once dad visits the police station.
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LLuckypanda5091
PARTICIPANT
March 17, 2025 at 11:15 amThis is such a heartbreaking situation. I canโt imagine how shocking it must have been to get that call. Beyond the legal and financial concerns, thereโs also the emotional weight of knowing lives were lost and forever changed. Right now, the best thing you can do is take a deep breath, get legal advice, and let the process unfold step by step. This isnโt your fault, and you shouldnโt have to carry the burden alone. -
IIndianninja6808
PARTICIPANT
March 17, 2025 at 12:42 pmvadodara case? another round another round-
UUser_d7c21320
OP
March 17, 2025 at 1:16 pmBangalore bro๐ญ๐ญ-
HHappysagar8238
PARTICIPANT
March 17, 2025 at 1:58 pmI think I saw a video of it-
UUser_d7c21320
OP
March 17, 2025 at 2:55 pmReally?? Send me the link. Lemme see if it was my car.
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UUrbanvishwas720
PARTICIPANT
March 17, 2025 at 1:26 pmNAL
If the boy who was driving your car does not have a driver’s licence then the registered owner of the car is in big trouble, consult your lawyer ASAP.-
UUser_d7c21320
OP
March 17, 2025 at 2:54 pmHe probably had cuz he’s 21 y/o.
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UUser_39a7f143
PARTICIPANT
March 17, 2025 at 4:00 pmIn the UK.the initial offence would be Taken without owners consent followed by whatever the driving offences were . The fact that the car was being stored at a garage and then.illegally used should absolve you of responsibility. If you are in the US then sense flies out the window and litigation ensues.-
UUser_d7c21320
OP
March 17, 2025 at 5:07 pmI am in India and i really don’t know how the cops and the judge would react to it.-
UUser_39a7f143
PARTICIPANT
March 18, 2025 at 7:40 amThat’s a whole different situation. Best of luck.
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VVasudhatiger84
PARTICIPANT
March 18, 2025 at 11:34 amWell deserved for not taking care of your responsibility.
If don’t have space or bandwidth to keep track of it, why buy it in the first place?Pray to god the car is involved in accident, one of our known stupid fellow was irresponsible of his car like yourself and his car was used by his friend to kidnap a kid and then later murdered him as they got scared.
Police involved the car owner in crime and he has to spend 7+ yrs in jail for crime he didn’t do because his friend named him as well.
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UUser_d7c21320
OP
March 18, 2025 at 3:50 pmWell deserved?? Seriously dude?? Our previous car was getting old so we bought a new one. Also, let me tell you that garage is a storage space. Seems like your pea-sized brain cannot comprehend that fact.-
VVasudhatiger84
PARTICIPANT
March 18, 2025 at 3:53 pmYour garage is your storage space.And you cannot comprehend that your old car is not in that so called garage since Christmas, and you didn’t cared much shows who is pea sized brain.
Nevermind use your water-melon brain to come out of situation, good luck.
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