Community › Forums › Legal Advice India › What to do in case of a car accident ?
- This topic has 10 replies, 7 voices, and was last updated 1 year, 3 months ago by
Rapidrider1855.
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UUser_db6e3dee
PARTICIPANT
March 4, 2025 at 7:21 amWe 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 ?
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SSilentninja9967
PARTICIPANT
March 4, 2025 at 7:32 amThem 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. -
CCoolknight3697
PARTICIPANT
March 4, 2025 at 7:34 amStill, 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-
SSananinja179
PARTICIPANT
March 4, 2025 at 7:42 amI had to do this but it was in Kerala and the cops were pretty understanding and reasonable. -
DDesishark6045
PARTICIPANT
March 4, 2025 at 8:11 amSome people shouldnt be top commenter, its scary.
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DDesishark6045
PARTICIPANT
March 4, 2025 at 8:16 amNo 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
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RRapidrider1855
PARTICIPANT
March 4, 2025 at 9:45 amBut isn’t my insurance supposed to file a case against their insurer to recover money?What’s the point of having comprehensive insurance then?
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DDesishark6045
PARTICIPANT
March 4, 2025 at 1:32 pmWhy 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-
RRapidrider1855
PARTICIPANT
March 12, 2025 at 4:59 amBecause it won’t cover everything
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UUser_83ae43aa
PARTICIPANT
March 4, 2025 at 12:21 pmWhy would the insurance not cover if an FIR is filed? They all recommend filing an FIR in their documents.-
DDesishark6045
PARTICIPANT
March 4, 2025 at 12:58 pmIf 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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