- This topic has 54 replies, 35 voices, and was last updated 1 year, 4 months ago by
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UMy friend’s wife hit pedestrian woman while test driving the car. Luckily the woman survived with minor injuries. Now woman’s family is filing police case. What are the consequences of this to my friend’s wife. She is working in IT. Will this case have any impact on getting visa or changing job.
Also does the car showroom will also be booked under this case since they are the owners of the car.
ps: I was sitting in back seat of the car with her husband. I have been called as witness.
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UIt was completely driver’s fault. She was driving the car and while taking U-turn this pedestrian woman was crossing the road. My friend’s wife panicked and instead of pressing the break she pressed accelerator and car went ahead hit the woman. The driver side passenger who was showroom guy pulled the hand break and stopped the car otherwise that woman would have been ran over.
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Umaybe an unpopular opinion but I hope she gets what she deserves. A lady like her hit my grandpa on the road and he broke his arm a few years ago. But they ran away.
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CIf an FIR is filed. It affects everything, from Passport(Visa) to Jobs. Since it was a test drive, I assume she has a licence, in that case she would get immediate bail.
Generally, this sort of matter is settled between the parties, if the accident is minor.-
UI asked the other party to just settle outside police station but they were adamant since the showroom is also involved and they are blaming them as well.
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FWould you say the same if your mom got hit ? Its not called a mistake . The women hit accelerator instead of break was about run over the pedestrian had the passenger not pulled the hand break ( check op’s comment) if you have such low command on driving then don’t drive with out L sticker and definitely don’t test drive cars.
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QIt is a mistake but not necessarily forgivable. If it wasn’t a mistake, it would be termed as murder.
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FBro Death due to negligence is a crime. If a man has consumed alcohol and then mistakenly hits some one with his car its a negligence that caused the death and hence a crime , I have been driving for 6 years and my mother has been driving for 15 years , the kind of mistake op’s said cannot happen by some one who got the license via an honest route ie a driving test…road accidents are definitely possible but this particular case is not a mistake it was negligence.. And hence a crime.
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CAnswer this question
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1) Does the driver has a valid license?
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2) Was the accident minor as per medical reports of the victim?
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If the answer is YES. Then you can also request the court to settle(plea bergaining).
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However, if FIR is registered? If the sections imposed are related to offences that are compoudable and if it is the accused’s first offence then no worries. Hope this helps.-
U1. She has valid license.
2. The accident looked horrible at first but as per medical report woman has suffered bruises on face, forearms and legs. There is hair crack in right toe.How can court could get involved without police.
It seems FIR registration is in process because they were calling me as witness.
I guess it’s her first offence.
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UHow much did you offer for settle down, if its 1000 rs they obviously will say no. Just pay 2 lakhs and finish it off. Otherwise you will end up paying police, lawyers, courts etc
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UI may get Down Voted. I have seen so many dumbass people get driving licenses without learning how to drive properly. And then to show off their driving licenses buys a big car which he/she can’t even control.. fucking morons.
And don’t be worried much. The lady will demand a hefty amount as compensation. Ask your friend to pay it or face the consequences…
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UNot a lawyer.
The cops themselves won’t let them press charges against your friend because they won’t gain anything from it.Try to talk it out. The other party will likely seek compensation, so just make sure to negotiate a reasonable amount with the help of a lawyer.
I’d suggest hiring a lawyer you know well.
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UIn all bluntness, there are not much consequences if the car in under insurance and the driver has license even when the pedestrian dies, in most of the cases. The biggest punishment is the long legal process for both parties.
Your friend is clearly at fault here but there are other factors here as well, speed of car, whether it was a highway or busy road, where the lady was crossing the road properly. Please note, the pedestrian can only get third party insurance for her loss from the insurance company if FIR is registered. Some states include the owner of the car (here the dealer) to make them a coparty to process the third party insurance.
The case can run from few months to many years but is bailable if the driver has license. She will however need additional documents and permissions to renew passport and travel abroad. It won’t affect her job much.
Filing FIR is optional. Offer them hefty compensation and protect yourself from hassle, lawyer fees and mental stress for years
Or ask them to file FIR for Third Party Insurance, offer them to pay for lawyer and NCLAT lawyer to claim the insurance. Agree in front of judge for out of court settlement. I wouldn’t trust anyone for this. People are greedy, they will take insurance and money from you both.
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UJust wanna ask one thing. If by mistake I get into an accident similar to this and other party files a FIR. Will my employment (in IT) get affected even if I agree to pay for the medical expenses?
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UIt will affect everything. If possible, explain your situation through a mediator or advocate and try to settle. Either pay what they ask or find a middle ground. Or let the insurance company take over and compensate them from the showrooms end. Either way, it’s their call. You can request but that’s it.
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Dits going to be civil case. no issues for visa or changing jobs.
please dont listen to other fearmongers in this comment section. tell your freind to chill.
its a hassle for the victim to go through legal process. for your friend no lawyer is needed as the insurnace company of the car will fight the case on your behalf
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SLawyer here.
Since she was driving, legally, all the blame and chargesheet is going to be on her. There may be civil litigation with the dealer, but that’s just a financial side.
Running over someone/hitting someone with a driving car is a big deal, and almost always an accident. Nobody does it on purpose. If they did, it wouldn’t be called an accident.
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UWhat I have heard is she is booked under section 338. What are the consequences. Is it civil or criminal case. Also will harass me as well since I am going to be witness.
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