sharktale1212
Skilled
edited.
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Calling Lawyers on TE - Need advice on accident case
- Thread starter sharktale1212
- Start date
sharktale1212
Skilled
The test car has insurance. But the showroom guys say it is 3rd party and they will get only 5-10% of the amount. And for that a complete legal filing has to be there. They absolved themselves by claiming that papers were signed before test drive puts things in our court. They added salt to injury by claiming the drivers sped up during the turn causing the accident, when the police came for report.
RakaKaKaka
Adept
Why will the showroom guys claim responsibility when they were not driving the car. Why din your sister just leave and go home if she was not driving, nobody can stop a woman from leaving.
Anyway im glad i just ordered a dashbcam for my car, will help me in such cases if god forbid it hapens ever.
Anyway im glad i just ordered a dashbcam for my car, will help me in such cases if god forbid it hapens ever.
6pack
ex-Mod
not a lawyer. just pointing out some things.
don't the bike guys have any insurance? if they don't, its their own fault. try to get cctv footage from nearby shops etc.
they can claim insurance from their own provider too. I say don't give any money as settlement. They are just trying to double dip and gain money from the women. I think their aim is to make the women pay entire bill and give all receipts from hospital to their insurance and get money for free.
if they want to drag it in court let them. I bet going to court will make them take u turn and take any money you are offering. don't give anything since they have already taken the matter to court and everything now is sub judice.
doctors and hospitals don't care who is at fault and only care about the money.
don't the bike guys have any insurance? if they don't, its their own fault. try to get cctv footage from nearby shops etc.
they can claim insurance from their own provider too. I say don't give any money as settlement. They are just trying to double dip and gain money from the women. I think their aim is to make the women pay entire bill and give all receipts from hospital to their insurance and get money for free.
if they want to drag it in court let them. I bet going to court will make them take u turn and take any money you are offering. don't give anything since they have already taken the matter to court and everything now is sub judice.
doctors and hospitals don't care who is at fault and only care about the money.
sharktale1212
Skilled
As owners of the car, showroom guys have some liability too. Hence they pulled themselves out claiming the vehicle had speeded up. The question being if the car was at high speed , how did the bike rider who suffered the max impact had zero injuries and the pillion guy took the brunt in form of a hip fracture? I am also learning how things can get out of hand, so a dashcam is definitely the needed in Bangalore.
It was an old moped. So, I doubt they have all the papers in place - let alone insurance, I doubt they even have a license. On top the pillion rider was not wearing a helmet.
Unfortunately there weren't any recordings of the accident. We have all the original bills from the hospital and even the MLC report which states things about hip fracture.
On Sunday, when my sister and her friend (guy) offered to take it to the police because they were not going to pay for full surgery, those guys balked and started shouting. They stopped them from leaving or even calling the police. Yesterday evening @ 5 the showroom guys claimed that the police has arrived and they have given a statement saying we were at fault because of speeding the vehicle on a u-turn. But, we haven't heard from the police to come and give our side of the story. So, I am unclear if the matter has reached police or not.
In the meantime, we had the hospital call us twice regarding money for bed charges.
Cases like this can get ugly. More lawsuits could follow. In two accident cases I know, the plaintiffs filed for lakhs of rupees claiming permanent disability (in one case mental trauma and inability to work).
If the other party is reasonable, I would say take responsibility for what your side did, buy your peace, and get on with your life.
As a countermeasure, get your lawyer to file a case for woman's harassment. It will give you leverage (the laws are pretty strong when it comes to women). Accidents happen. But they are no excuse for insulting or manhandling someone on the road.
If the other party is reasonable, I would say take responsibility for what your side did, buy your peace, and get on with your life.
As a countermeasure, get your lawyer to file a case for woman's harassment. It will give you leverage (the laws are pretty strong when it comes to women). Accidents happen. But they are no excuse for insulting or manhandling someone on the road.
sharktale1212
Skilled
The part of the problem is they aren't ready to take any responsibility. So, they were not ready to go legal or allow us to buy peace. They just want to milk us for the whole amount possible.
Does anyone know if learner license is enough to test drive a showroom vehicle?
rdst_1
Skilled
Why isn't third party insurance being pursued in this matter?
Isn't that what it is for?
Even if the matter goes to court, that is what the court would say, wouldn't it. On top of that, the car showroom would have taken liability insurance to specifically cover such instances. Someone needs to educate the other party about these options.
Now coming to peace of mind. If the amount being asked doesn't bother you then pay it and get this over with. If not, the it is much better to drag this out in court, if you can handle a lengthy court proceeding. In the end, you still might end up paying much more to a lawyer.
Isn't that what it is for?
Even if the matter goes to court, that is what the court would say, wouldn't it. On top of that, the car showroom would have taken liability insurance to specifically cover such instances. Someone needs to educate the other party about these options.
Now coming to peace of mind. If the amount being asked doesn't bother you then pay it and get this over with. If not, the it is much better to drag this out in court, if you can handle a lengthy court proceeding. In the end, you still might end up paying much more to a lawyer.
6pack
ex-Mod
Talk to your insurance agent first. The insurance agents deal with such things on a day to day basis and can guide you very well on what to do and not to do.
let the hospital call. you don't have any obligation to pay them any money. the govt had just recently passed some bill that hospitals cannot force anyone to pay bills. if the moped people don't have money let them go to govt run hospital where they will get surgery at reduced costs.
them not allowing the woman and her friend to leave the hospital is illegal imo. you can file police complaint against them of harassment and extortion charges since they are forcing you to pay entire money and not budging.
learner license in enough to drive even a new vehicle if the L is put prominently on both wind shields.
If the accident is caused by the other party, they don't need to claim their own insurance and would rather try to get compensation. Claiming insurance from their side could mean impact on future premium costs. The CCTV footage should help establish who did what. But I doubt they would give it anybody like that. Police needs to collect it. But in any case, double dipping in this case would not be possible unless they decide to indulge in insurance fraud which is what it would be if they get compensation on one side and also claim insurance. If setting, OP can demand all the expenditure bills in originals so that they cannot double dip.
I agree. But both sides better be prepared for attending court hearings and lawyer fees.
I doubt it qualify as illegal restraint if they involved the police and you are trying to leave without providing id and contact details, they can very well stop you (without going overboard and resorting to threats or violence) especially since its a hospital. Since since it doesn't seem to be the case, OP can very well file a case for harassment and restraint against them.
No, it is not enough. Any one driving on the roads with a learners license is breaking the law. The L sign is just a heads up to other vehicles that a novice driver may be at the wheel. In order to drive with learners license on a road, an instructor with a valid licence must be sitting beside them at all times.
To me, it looks like both parties are at fault. If it goes to the courts, only the lawyers will make moolah out of it from both sides.
FYI, I am no lawyer either. My dad was a magistrate when he was alive (many years back). Post retirement as first class magistrate, he was deputed as a second class magistrate for a 2 year term under some scheme and judged traffic cases. He used to make me take dictations of judgement's at home when steno is not available.[DOUBLEPOST=1543336425][/DOUBLEPOST]I think its better to seek real professional help than rely on these forums. If you need online advice, check out kanoon.com, Post all details and Pay the fee and you will get replies from multiple lawyers on what can be done.
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nRiTeCh
Skilled
Even though not, your sister and her friend will also be considered at fault and if the person behind wheel is a learner then the obvious mandatory things such as displaying red L signs on windshields and presence of a fully qualified driver with the learner is a must as per law.
Secondly the speeding of your sisters car.
Now as for the bike riders which came from wrong sides + not wearing helmets , eitherider or behind person also amounts to lawful inquiry. But again depends from city to city.
But this can only be confirmed from a nearby cctv footage.
If it was a major chowk or junction then its obvious that the inter crossing signals itself have cctv installed everywhere, Police must obtain the same.
If not then the obvious eye witnesses are beggers, sweepers, roadside hawkers, stalls, shops, traffic policeman on duty in charge, passer-by public etc.
Lastly keep one thing in mind, the bigger or heavier the vehicle the more it is considered as culprit. This is Indian mentality or speciality. Plus add to this the pathetic mentality of our hopeless public who has born with specialized degree in blaming others without witnessing the real scenario.
Eg: If during this collision if even a tempo or an suv would have involved, your sister would automatically would have lost the culprit focus and the blame passed on to that tempo or suv. Leaving your sister and friend almost innocent.
Secondly the speeding of your sisters car.
Now as for the bike riders which came from wrong sides + not wearing helmets , eitherider or behind person also amounts to lawful inquiry. But again depends from city to city.
But this can only be confirmed from a nearby cctv footage.
If it was a major chowk or junction then its obvious that the inter crossing signals itself have cctv installed everywhere, Police must obtain the same.
If not then the obvious eye witnesses are beggers, sweepers, roadside hawkers, stalls, shops, traffic policeman on duty in charge, passer-by public etc.
Lastly keep one thing in mind, the bigger or heavier the vehicle the more it is considered as culprit. This is Indian mentality or speciality. Plus add to this the pathetic mentality of our hopeless public who has born with specialized degree in blaming others without witnessing the real scenario.
Eg: If during this collision if even a tempo or an suv would have involved, your sister would automatically would have lost the culprit focus and the blame passed on to that tempo or suv. Leaving your sister and friend almost innocent.
6pack
ex-Mod
@Lord Nemesis, everything you said regarding my post is true. Imo, OP should take advice from that site you mentioned or sit face to face with real lawyer and insurance agent imo. Online forum is hardly the place for such things where people could be wrong completely or even if we are not wrong, things might run differently in the real world where bribe money talks.
Hospital can give duplicate copy of bills to patient if the guy tells them that he will give them some % in return. Most of stuff is computerized now and if you notice they ask people if you have insurance or not and the price of bed, medicines and stay depends on that answer. I've seen it first hand where they charge 25-30% more for people with insurance than for people without insurance.
Hospital can give duplicate copy of bills to patient if the guy tells them that he will give them some % in return. Most of stuff is computerized now and if you notice they ask people if you have insurance or not and the price of bed, medicines and stay depends on that answer. I've seen it first hand where they charge 25-30% more for people with insurance than for people without insurance.
sharktale1212
Skilled
Thanks for the input guys. This post came about as we were panicked to the core and dint know what to do.
We did talk to a real lawyer. He had called the showroom and checked out the other version of the story. And the showroom guys had claimed zero liability and less insurance amount. The lawyer said that in most cases an action has to be initiated within 24 hours and stuff like MLC requires swift action to ensure no medical documents/evidence are damaged.
Day before yesterday, the showroom called us and claimed the other party had arrived along with a police officer. Then showroom called our lawyer and claimed the opposite party was there for settlement. But later they claimd FIR had been filed along with their statements. So, our lawyer told us to wait for a call from the police to give our statements. But we dint receive any calls from the police. So, our lawyer said to hold and see how things unfold.
Yesterday we got calls from hospital and showroom guys but we dint respond. Even today we got multiple calls from showroom.
One of the strangest thing here is the showroom guys spouted nonsense about customer security etc. They told us they wont share any details until action has been initiated. But it seems those details were divulged to either the opposite party or hospital.
We did talk to a real lawyer. He had called the showroom and checked out the other version of the story. And the showroom guys had claimed zero liability and less insurance amount. The lawyer said that in most cases an action has to be initiated within 24 hours and stuff like MLC requires swift action to ensure no medical documents/evidence are damaged.
Day before yesterday, the showroom called us and claimed the other party had arrived along with a police officer. Then showroom called our lawyer and claimed the opposite party was there for settlement. But later they claimd FIR had been filed along with their statements. So, our lawyer told us to wait for a call from the police to give our statements. But we dint receive any calls from the police. So, our lawyer said to hold and see how things unfold.
Yesterday we got calls from hospital and showroom guys but we dint respond. Even today we got multiple calls from showroom.
One of the strangest thing here is the showroom guys spouted nonsense about customer security etc. They told us they wont share any details until action has been initiated. But it seems those details were divulged to either the opposite party or hospital.
That's why I said "unless they decide to indulge in fraud...". Insurance fraud is way too common and both hospitals and insurance agents help with that.
Showroom's responsibility is limited to the fact that they allowed somebody without a valid license to test drive their car. As for sharing details, who knows if they collected the information with the help of a police officer.They may not give buckle and divulge details to the other party, but they will if those people brought a police officer with them, things would be different.
Last year, one of our office cab drivers got involved in an accident. As he was going on the main road to pick us up, some senseless lady ran across the road in order to cross it. There was a bus coming on one side and he could not brake or swerve and ended up hitting her. She ended up with a fracture (which was still way better than getting flattened out under the bus which she barely missed out). Technically she was the one completely at fault for crossing the road at an arbitrary location like that and that too by suddenly running. The lady was from a more well to do family than him. Getting involved in a lengthy police case would screw him and he knew it and the other party knew that they had the leverage since he drove cars for a living and they could put the entire blame on him. They milked him for what its worth and he ended up settling the matter by paying 3 lac.
Futureized
Skilled
check lawyerscluindia or kanoon.org too
goDofWar_skr
Adept
Why did you edit out the first post?
Bangalore? If yes, which showroom is this experience related with.. Would like to avoid it in future..
Bangalore? If yes, which showroom is this experience related with.. Would like to avoid it in future..
sharktale1212
Skilled
We have checked with two lawyers. LL is for learning to drive which means hat a person cannot be driving the vehicle alone. A valid license holder has to be a co-passenger in the front seat to guide and help. So, unless the SA was not a valid holder, a fact we are unsure of, this was okay.
But, if someone is driving without license (DL or LL) then things can take a dark turn - manslaughter. The Salman case happened because he dint have a valid license.
Secondly, every car should always have vehicle related docs - RC, pollution check, insurance. So, when the accident happens the insurance cover takes over. In this case the showroom guys claimed third party insurance will happen only if there is a legal claim. Though they dissuaded everyone (my sister and the other party both) from filing the legal and police claim.
Showroom guys told us that third party insurance will only cover 5-10% of the whole amount. And because the other party has to initiate a police claim, showroom guys told them not go to police because "they will take money and do nothing to my sister and her friend". Instead they maliciously told the other party that we were IT folks with lakhs in balance, buying a 10lakh + car and even having our own flat. A fact which was used against us as to keep demanding full compensation because "you guys are rich and we are plastic sellers".
So, things go both ways - people thought to be relatively well off getting screwed because they wanted to help and not-so-well-off getting screwed because they fear lawyer and legal cost or even not having complete documentation with them.[DOUBLEPOST=1543467293][/DOUBLEPOST]
Sorry but we discussed this with our lawyer and we were told to remove it.