What to do in case of a car accident ?

Community Forums Legal Advice India What to do in case of a car accident ?

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    • #42538 Reply
      User_db6e3dee
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        User_db6e3dee
        PARTICIPANT
        March 4, 2025 at 7:21 am
        We had stopped on the hard shoulder for a brief time.

        Everyone was inside the car, and a motorcycle hit us from the right hand side.

        The motorcycle had 3 people, and it’s driver did not even have a license.

        I have their number plate. Soon they called more of their friends, and everyone ganged up on us. They didn’t share their contact numbers, and eventually left. Minor injuries and scratches to the people on the motorcycle.

        1. While I’m not going to go to the police over this, I wonder if they have legal basis to lodge a complain over us ?

        2. In general, if an accidents happens what are the steps one must take ?

      • #42541 Reply
        Silentninja9967
        Participant
          S
          Silentninja9967
          PARTICIPANT
          March 4, 2025 at 7:32 am
          Them filing a case against you will be akin to them shooting themselves in their own foot. They won’t do anything. I hope you have some sort of proof for your claims.

        • #42540 Reply
          Coolknight3697
          Participant
            C
            Coolknight3697
            PARTICIPANT
            March 4, 2025 at 7:34 am
            Still, file an FIR and try to get cctv recording of nearby shops etc. that they hit you while you were stationary. Also him not having a licence and sort of goon connection can turn your case upside down if they file an FIR

            • #42545 Reply
              Sananinja179
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                S
                Sananinja179
                PARTICIPANT
                March 4, 2025 at 7:42 am
                I had to do this but it was in Kerala and the cops were pretty understanding and reasonable.

              • #42544 Reply
                Desishark6045
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                  D
                  Desishark6045
                  PARTICIPANT
                  March 4, 2025 at 8:11 am
                  Some people shouldnt be top commenter, its scary.

              • #42539 Reply
                Desishark6045
                Participant
                  D
                  Desishark6045
                  PARTICIPANT
                  March 4, 2025 at 8:16 am
                  No one have legal basis for anything. Anyone can file an FIR. So nothing to be done as precaution.

                  Anytime you are in a minor accident, doesnt matter if you caused it or other party caused it 1. try not to get beaten up, 2. take injured to hospital.

                  Legally, dont pay anyone, but you can try to get payment from other party if possible. File a GD entry at the police station.

                  If you file an FIR then your insurance wont cover your bill. Any damages has to be borne by the other party’s insurance. means you have to fight the case against other party’s insurance. please note this point. other party doesnt have to give any money to you.

                  So its vice versa if you caused the accident. You dont have to pay, your insurance has to pay. That too only after court case.

                  CCTV and all is not gonna be produced as evidence as this is a civil case, not criminal one. So police wont help you get CCTV. then you have to request shopkeeper then you have prove the video is authentic by some approved agency

                  • #42543 Reply
                    Rapidrider1855
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                      R
                      Rapidrider1855
                      PARTICIPANT
                      March 4, 2025 at 9:45 am
                      But isn’t my insurance supposed to file a case against their insurer to recover money?

                      What’s the point of having comprehensive insurance then?

                      • #42547 Reply
                        Desishark6045
                        Participant
                          D
                          Desishark6045
                          PARTICIPANT
                          March 4, 2025 at 1:32 pm
                          Why would you file an FIR if your own insurance is gonna cover the repair costs. But if you have some health related expenses or loss of limb or life then you need to fight the case to get those reimbursed

                          • #42548 Reply
                            Rapidrider1855
                            Participant
                              R
                              Rapidrider1855
                              PARTICIPANT
                              March 12, 2025 at 4:59 am
                              Because it won’t cover everything

                        • #42542 Reply
                          User_83ae43aa
                          Participant
                            U
                            User_83ae43aa
                            PARTICIPANT
                            March 4, 2025 at 12:21 pm
                            Why would the insurance not cover if an FIR is filed? They all recommend filing an FIR in their documents.

                            • #42546 Reply
                              Desishark6045
                              Participant
                                D
                                Desishark6045
                                PARTICIPANT
                                March 4, 2025 at 12:58 pm
                                If it’s someone else’s fault, the third party’s insurance should cover for the damages. That’s why we have third party insurance.

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