Originally Posted by visran
I am all game to file a complaint but everyone around me are warning me not to do so as the cops usually harass you more than what i am already going through now.
Moreover it has been two days since the incident has occurred, how can i prove that this cab was involved with the accident?
always file an FIR right away , Record conversation between You and Driver . You can still file an FIR against this xyz Cab driver , also inform concerned Cab Company Owner about your action and that his Drivers caused accident . It might caused this driver to loose some points or even a Permit as Private co. like Ril Meru and TATA are very much concerned about their reputation.
If possible consult a lawyer ( I am jr.lawyer but most of the time i handle civil maters so i dont know much about criminal (under the table) action. ) and FILE A CRIMINAL COMPLAINT, you wont get any claim(money) by filing an criminal complaint but this will Raise lot of attention with in Driver and his Company , and they might come forward to settlement .
File Complaint :-
a> Culpable homicide :-Now this is a serious allegation you are making . But a driver must be well aware of that by entering into Wrong way he's likely to cause any damage to an Individual (Pedestrian, Biker or other Car driver ) or to any other sort of damage to some one else Property. Hence it was very much Intentional that he caused an injury to You by this accident.
b> Reckless Driving :- Forget about speeding, Entering into Wrong way it self describe his nature of driving.
c> Dangerous Driving :-
d> If he was chewing tobacco, Gutkha :- Driving under Influence .
Give a another call to that Driver, Talk about your action's and install some third party s/w to Record this conversation. Also Bikes are the most vulnerable Vehicles on the road, none of the biker would go Head on against any car or any bigger vehicle as he knows that by doing this he's risking his own life. I hope you have his License No. or Insurance No. Or at least a Cab vehicle No.
If police denies to file any FIR , tell them that you will be filing for private proceedings and then they will also need to answer/face the Court for not filing an FIR.
Criminal Complaint has Hugh effect on Accused person as most of the time they are expecting claims and bla bla bla....! One of my friend had Head on collusion with a Private Bus . At first driver was not even ready to pay a single puny and was very arrogant about it, when i filed and FIR under Sec299 of IPC (culpable homicide ), he promptly paid 7000Rs. and asked me to take back my complaint. As in this case Accused will get arrested immediately . OFF TOPIC :- Please Take advice on above mentioned points with some Senior Lawyer who handles a Criminal matters and then only Proceed . Else claim from your insurance , get you bike repaired and move on. Bad things happens to every one .
If you are so Hell Bent on filing a complaint make sure its a Criminal or else in most of the matter it will cause you lot of money and time , At the end of the day you won't be satisfied by the claim.