- This topic has 17 replies, 11 voices, and was last updated 1 year, 3 months ago by
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CThe police made him sit with my parents in our car initially for going to the police station, and he admitted he’d broken up with his girlfriend and had gotten drunk. He’s also hurt his head, as soon as this was noticed, my parents signaled to the police car driving in front of us and they took him to the hospital. I’m worried for my parents. They’re senior citizens and both have their own medical issues to deal with. Now they’re waiting in the middle of the night for the next steps. What do I need to know? What can be done? TIA.
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DThey can leave their details with the hospital and police and go home. It’s an accident, even if it’s their fault, there is nothing to be done. Dont pay the the guy or his hospital bills at any cost.
But to talk to police you should get someone to their assistance.-
CThe back of our car is damaged. He didn’t see the speed breaker, crashed into my parents’ car speedily (without seeing the breaker apparently) and fell on the road. They’ve given their number to the police and gone back home.
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DAll these doesn’t matter. Get your car repaired under your own insurance and move on with life. There is only fault if FIR is registered.
If FIR is registered your third party insurance will fight the case. You guys don’t have to move a finger. -
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Bawyer here based in Delhi. The notion that the bigger vehicle is always at fault is incorrect—liability depends on who was negligent. Since the two-wheeler rider was drunk, without a helmet, and crashed from behind, you should ensure that the police record this correctly to avoid wrongful blame on your parents.
If the injured rider or his family later files a Motor Accident Claims Tribunal (MACT) case, your parents’ car insurance company may have to defend against a compensation claim. However, his drunkenness, lack of a helmet, and rear-end collision must be recorded in the MLC report and police statements to counter any such claim.
Key steps to take:
* Ensure an MLC (Medico-Legal Case) report is made for the rider at the hospital, confirming alcohol consumption and injuries. This prevents later false claims.
* Get a copy of the FIR (if filed) and ensure it includes details of the drunk driving and rear-end collision. If no FIR is being filed, at least ensure a General Diary (GD) entry is made correctly.
* Do NOT accept blame or sign any statements without legal advice.
* Ensure your parents’ version is recorded properly. If police insist on shifting blame, they can file a counter-complaint stating the actual facts.
* If a MACT case is filed, contest it using evidence such as CCTV footage, police reports, and hospital records.If the police wrongfully blame your parents, or if a false MACT case is filed, legal steps can be taken to challenge it and protect their interests. Let me know if you need help navigating this legally.
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CThank you for the detailed response, I appreciate it. So far no complaints have been registered. We’re just hoping the guy’s health is okay. He’s at the hospital now so medical details must be emerging. He was talking and seems will be fine. My parents don’t intend to get into legal hassles if not necessary to cover their safety and would rather let this go peacefully. Asking here because with law we never know what we’re missing and it’s on the citizen to know. There are no expectations of claims from the other guy/ his insurance because they don’t want the hassle, we’ll cover it
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DYou need to get this paper work done now, else he’ll come back 6 months or 1 year later claiming brain damage and he can’t work for rest of his life so compensate him
Anything can be cooked up later, so listen to the above lawyer’s advice and get all those documents done now.
The opportunity will be lost later.
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UHey this is an irrelevant question but I’m asking here because you seem knowledgeable. If I want to write a general diary against my father, is it necessary to file a general diary only in the nearest police station where I live or can I file it in a police station in another area? Because my father seems to know a few people in the nearest police station and they will tell him if I go there.
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EIrrespective of whatever the biker does, get your parents to file a FIR immediately, citing the drunk state, hit from behind.
Do remember to ask for damage to the spine due to the whip lash effect that happened as the car got hit from behind. Claim severe pain in the neck and back.
Your parents may be model citizens but don’t depend on the other side following laws or accepting their mistakes. Nothing prevents him from filing a fake FIR and claiming damages from your senior citizen parents. On the other hand, When nothing happens for a year, you can always decide to not pursue the case.
Stay safe but protect your parents legally. The police are just giving BS that it is the bigger vehicle’s fault. In 99% of the cases it is always the fault of the vehicle hitting from behind.
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CThat’s probably not happening. Mum’s a softie. Yesterday she was angry at ‘these young people who don’t care about their families and behave irresponsibily because of break ups.’ She’s been worried about him yesterday and today, not from a legal perspective but as a person too. Like he has family etc. His sister called them and asked for the video we have from the incident but I’m wary that she’ll try and fleece compensation from them once his surgery is done with, so I’ve asked them not to share and limit engagement. Thanks though, I have shared your message with them. There have been damages at our end but they don’t want to claim anything from him or get into insurance hassles. Age and (avoidance of) stress plays a role with how they’re approaching this.
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MFile an fir and get a lawyer and claim the damage of your car towards his insurance and don’t even give a dime to police becoz they will ask to file fir and write letter to SP and consult your lawyer of he thinks that letter to supervise to judicial magistrate is required or not since it is police biased towards screwing you.
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