Since '02 xBhp is different things to different people. From a close knit national community of bikers to India's only motorcycling lifestyle magazine and a place to make like-minded biker friends. Join us

Castrol Power 1

Scan – see – think – act.

Our Partner

Announcement

Collapse
No announcement yet.

Legal Recourse After An Accident

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Legal Recourse After An Accident

    I'm posting this for a friend of mine. She's around 22, has a DL, was covered by insurance and rides a Dio. All this apparently happened yesterday in Pune.

    She headed to the school/college/PU (whatever its called in maharashtra state syllabus ?) where she did her 11th & 12th (or its non-CBSE equivalent) to meet up with friends, and was at the parking lot sitting on her static (non moving) dio, with a helmet on. Some poser kid on an Apache apparently was doing stunts around and he banged into her, resulting in her falling, her left arm being fractured and the Dio falling on her.

    Her friends immediately took her to a hospital, she had to be operated to remove a stone that lodged itself into her skin, and now she cannot use one hand till she recovers. She hasn't informed her dad yet about what really happened because she was extremely scared to do so (I convinced her to keep uncle informed).

    Now about the kid, I doubt the kid was past 18, and so obviously he was not covered by insurance. Must have been some spoilt rich kid considering he rode an Apache (probably a newer one, but she couldn't identify what it was). She has enough witnesses for the incident, and its not hard to track down the registration number of the bike and the kid's details because he's a student there.

    I'm planning to ensure that that kid pays up for all medical expenses and also a good compensation amount for all the trouble. Can anyone suggest legal measures to follow next ? I'm planning to email this thread to her by tonight. So please suggest some good ideas (legal ones obviously) with minimal effort.

    She has to leave Pune for Bangalore in a week, so all the actions need to be done within next week. I'm emailing her this thread tonight, so please pour in your suggestions
    Currently without a vehicle. Uber App and Bangalore Metro serving all my travel needs.

  • #2
    Topic Approved.

    Well, you will have to consult a lawyer for that I guess. She should've reported the incident immediately.
    ---
    Brotherhood, Rules, Freedom. Xbhp.
    Indian riding = Alertness, Anticipation and Adjustment.

    Comment


    • #3
      Please make a complaint with the police if the Hospital hasn't already made one. Usually when they get an accident case, they start the treatment but they also inform the cops on their own. The cops file a Medico-legal case in this scenario and proper investigation is done for each and every aspect of this case. This investigation is used to file a case against the defendant (in this case the Apache rider) who is then handed out relevant punishment (Rs. 1000 fine for first offence, 6 months simple imprisonment for repeat offense within 12 months). If you have a registration number of the bike and the bike fellow did not actually stop to help your friend to get to the Hospital the case formed is of a Hit and Run for which the punishment is much harsher.

      The other reason why the complaint is important is that you can claim medical expenses, Dio repair expenses and harassment compensation from the insurance company of the other party through a court order. None of this is possible without a proper police case. From my own experience, the Pune police is not very corrupt and they genuinely listen and co-operate with whatever complaints you might have.
      Advice is a form of nostalgia.
      Dispensing it is a way of fishing the past from the disposal, wiping it off, painting over the ugly parts and recycling it for more than it's worth.

      Antz Travelz!! | South India Exploration Ride | Leh Triplog (Work in progress)

      Comment


      • #4
        File an FIR asap.
        Consult and Inform own (Dio's ) insurer about the accident.
        sigpic
        -Aditya Bhelke
        N650, Ride Hard!

        Comment


        • #5
          Must have been some spoilt rich kid considering he rode an Apache
          If this is the case, then forget the law, it will be on their side. Otherwise, the bare minimum required will be the RTR's regn number. You can file under hit & run case. But again, think over, if the accident happens in a different beat of Police control, other than where your friend stays, they're all PURE trouble.

          If your friend's parents can afford for the medical, then keep moving, lawyers, police & law are uninvited trouble.

          And BTW...
          So please suggest some good ideas (legal ones obviously) with minimal effort
          LEGAL system in this country is minimal effort ONLY if...
          1. You've lots of power
          2. Lots of money

          And believe me, if one has both the above, one doesn't need compensation as well

          She has to leave Pune for Bangalore in a week, so all the actions need to be done within next week
          Ask your friend to take care & on health basis, leave to Bangalore.
          Skill is what keeps you on a Motorcycle
          Awareness + Skill is what keeps you out of harm's way
          ATGATT + Awareness + Skill means you might Live To Ride another day

          Comment


          • #6
            Originally posted by aargee View Post
            If this is the case, then forget the law, it will be on their side. Otherwise, the bare minimum required will be the RTR's regn number. You can file under hit & run case. But again, think over, if the accident happens in a different beat of Police control, other than where your friend stays, they're all PURE trouble.

            If your friend's parents can afford for the medical, then keep moving, lawyers, police & law are uninvited trouble.

            And BTW...

            LEGAL system in this country is minimal effort ONLY if...
            1. You've lots of power
            2. Lots of money

            And believe me, if one has both the above, one doesn't need compensation as well


            Ask your friend to take care & on health basis, leave to Bangalore.
            Except the last statement which I can't comment upon, I have to whole heartedly agree with Argee. I have spent the last 4 years of my life running from one court to the next. Justice is only delivered to deep pockets in this country.

            A lot of gung ho youngsters with Anna Hazare in their eyes will tell you otherwise. Most of those guys have not spent a day of their lives dealing with cops, courts or any other Govt agency.

            If its not a very bad case, just forget it and move on. If its an extreme case go to the courts.
            Biking is not about what you have between your legs, its all about how well you use it!!!!!!!

            Give your details here if you want to help your fellow xBhpian stranded in your city

            Touring Blog: Cycling in Mongolia!

            Comment


            • #7
              i completely agree with aargee and the monk. i have yet to get a compensation in my accident case. accident happened in 2007. although in the starting lawyer was very upbeat and gung-ho about settling it in less than an year.
              sigpic

              Tyre Sizes _ Spark Plugs

              Headlight Focus _ Fork Oils

              All India xBhp Couple Riders Thread

              Ashtavinayak + Shirdi
              Purandar
              Raigad
              Dapoli
              Aurangabad
              Kaas Plateu & Thoseghar Waterfalls
              Purandar

              Comment


              • #8
                Thanks for the replies. I spoke to her yesterday and it seems she's decided to just forget about it because the Dio was not damaged much and she's ok enough to not bother about the incident much.
                Currently without a vehicle. Uber App and Bangalore Metro serving all my travel needs.

                Comment


                • #9
                  Fight for Justice

                  Hey MHG,

                  Your friend should have given a tough fight buddy, i feel sorry that you are just leaving that maniac kid free to hurt someone else,
                  I think you still have time & our system is not as bad as it is being portrayed by many.
                  If you have the will & perseverance, there is nothing that can stop your friend from getting justice.. & will also teach the kid & his dad(whoever bigshot he might be) a good lesson.

                  Comment

                  Working...
                  X