Hit a Drunken Pedestrian By Car. Need Help.

[manirocks]

i hit a pedestrian who was crossing the road upon hitting i immediately stopped the vehicle took him to nearest rmp doctor and given me first aid the rmp told that he was drunken. After that locals came called 108 and took me to police station. The police seized the vehicle and told me to come next morning.

I went to the ps and the SI called the victim son along with him some locals came we have settled the issue and i paid 45k to the victim son and he has written a compromise letter and gave it to me.

Now since few days they are calling me and saying the victim is about to die, my question is how am i laible now if the person really dies. I cant really go to insurance also since at the time of insurance claims for vehicle repair they have asked for affadivit that no third party claims will be invloved i this particular accident.

Kindly suggest how should i approach to this problem.

 

[Viru]

As long as you have a comprehensive insurance package, it should cover both third-party and first-party damages instead of making you choose between them!

You might want to stick by your guns and make sure the insurance pays for both, because they might be trying to save themselves money just by forcing you to agree to take 3rd party claim on yourself.

 

[amit1km]

Any FIR was lodged or not. If not then it could be a problem.
As they may hit back at you with hit and run case.

 

[konkantrip]

Try to get the medical report on the day of the incidence and also tell the victims family to ask him to shift to the goverment hospital. Do be afraid and consult a good lawyer. On the insuarance part what viru has suggested is right I think in this case police and the victim is trying to churn money out of you so legal consultation from a good lawyer is very important in this case.

 

[manirocks]

After the compromise letter is given to me i thought the case is settled and went to garage and claimed the insurance for vehicle repair since the repair cost is around 30 k. At that time insurance agent asked me to give affadivit that there are no third party claims in this accident and in future also it wont be there and if any then the insurance company is not liable. I ve given that affadivit to them.

No FIR is lodged but the original compromise letter is with police only and they had given me xerox copies, isnt that a proof that its not hit and run case.

Right now i think i cant involve the insurance for any compensation also. Worried on what to do.

 

[amit1km]

I think it is time to consult with lawyer for other possibility.
You have closed one secure door by giving the affidavit to insurance company. But I think a good lawyer can help you since you have a compromise letter(but not great chance).

 

[mercedised]

Man! What a mistake. You should not have compromised and instead what you should have done is as follows:
1) Call the insurance company toll free no. from police station or from the spot and tell them about the incident.
2) You should then have told the police that you have raised issue with insurance company and filed a report.
3) Insurance guy would have came and inspected the car/situation. With report and other formalities done, your vehicle would have been released with no extra charge.
4) What you have done is like shutting all the doors of escaping yourselves.
5) What should you do now, you have no doors left other than going to a lawyer, or pray that the villagers have some good soul.

 

[hydsafari]

Hi mani rocks,
First don't panic as you have not done something illegal as an accident is an accident and not an attempt to murder and moreover your vehicle was insured for third party damage irrespective of the letter you gave them which was unarguably not the right thing to do. Also don't show the family of the person you have hit that you are worried and tell them for any further liability you intend to involve the insurance even if things are otherwise you can present to them that you did not try to escape and rather took the person for medical help and went to the police with them. On the insurance front you can show the letter of settlement after paying a certain compensation to the aggrieved by virtue of which you believed you had no third party liability from the episode. But for anything and everything to move forward please consult a lawyer.

 

[Viru]

Signing that affidavit might prove to be a mistake...but I have to agree with the other members that it is worthwhile consulting a lawyer.

However, I would also like to suggest that you ask the police about the potential vulnerabilities of your situation. I know this is a very uncommon thing for people to do in India, but I've come across some very helpful policemen in the past who have got me out of many a legal quandry. I think you have nothing to lose in asking them.

 

[manirocks]

The update is now the person is in coma and his in very near to death. My brother has visited hospital and spoke with doctor where the doctor told that he is brain dead.

A 337 case has been lodged against me since they want to claim the insurance amount through MACT. We clearly told them that since they have given a letter we produced the same to insurance company through affadviet. Discussions went on and we agreed to an acceptable amount upto 3L. And they will write in a legal document that its all done.

But as per the SI if a case is registered then only court should write off the case and the magistrate will only ask the victim if he is felling ok but since he his in coma he cant come. Thats where the issue is stuck.

On this friday or next week monday again i have to go. I have a question though if the person dies before the case is strike off then ill be charged under 304 ipc will that affect my future jobs or visa ?

 

[manirocks]

The latest update is the case is withdrawn against me in lokadalat and wrote down the settlement in 100 rupee bond paper and notarary also done.

 

[samkolkata]

i hit a pedestrian who was crossing the road upon hitting i immediately stopped the vehicle took him to nearest rmp doctor and given me first aid the rmp told that he was drunken. After that locals came called 108 and took me to police station. The police seized the vehicle and told me to come next morning.

I went to the ps and the SI called the victim son along with him some locals came we have settled the issue and i paid 45k to the victim son and he has written a compromise letter and gave it to me.

Now since few days they are calling me and saying the victim is about to die, my question is how am i laible now if the person really dies. I cant really go to insurance also since at the time of insurance claims for vehicle repair they have asked for affadivit that no third party claims will be invloved i this particular accident.

Kindly suggest how should i approach to this problem.

Oh god. What a petrifying accident occured with you. And congratulations as the case was withdrawn. To what extent was you vehicle damaged?

 

[amit1km]

Good to see the case is withdrawn against you.

 

[manirocks]

Vehicle damaged upto the cost of 45k, will 337ipc have any affect on carrer or in visa.

 

[bigdaddy24]

Hi Mani
There are some points which I would like to highlight, which will benefit all the people on the forum.
But first did you pay the 3L as agreed upon with the victim's family?
1) You should not have rushed to sign the affidavit with the insurance company about the third party thing.
2) Please don't panic when you hit a person, I know you are under pressure, happened with me as well but let them go to PS and file an FIR.
3) Also call up the insurance company and let them know about the accident, so that you can claim the amount later on. Take a photocopy of the FIR and give it to them.
4) Now regarding the victim, tell them to file a case in MACT if they want to claim. The case will be between the victim and the lawyer from the insurance company, and trust me those lawyers know their job.
5) Your Car will be impounded but you will get it back in a day or two after RTO examines the car.
6) You will also get a bail, when the case is registered against you.

IF you would have followed this procedure, you wouldn't have to shell a single rupee from your pocket, since you shell a lot of amount for the insurance.

I hope this will prove to be useful for all the members.
I am writing this as i researched a lot after i was involved in an accident.

Thanks