Bangalore cabbies have a taken a liking towards me, last night a very nice Indica cab driver who i guess was hoping to take a seat in Force India team came in a one way and hit me head on, I always respect my head and prefer wearing helmet but unfortunately was in my short's and T's thanks to my dressing sense my whole left side of the body from head to Toe the skin has been scraped. the nice friendly locals around me gave a mouthful and handful to the cabbie, the driver must be 50+ at the least, I ask him to pay for the compensation and let him go by taking his number but since the damage is major i am expecting a hefty bill from Bajaj ASS and i also think that the driver wont be able to afford it.
Now my Question to you all is should i file a police complaint and claim the insurance or should i declare it as a self accident?
Please do note that my Avenger is close to 8 year's, should i be expecting a nominal claim?
If so does it makes sense to claim the Insurance?
The whole front portion including the front shocks and disc, have to be replaced, had to tow the bike till home as the handle bar has been jammed
Very sorry to hear your accident.Few month back same thing happened to me also but that was due to Autorikshaw as the three wheeler suddenly change his lane and hit my Yamaha bike and i thrown from my bike an broken my finger but the driver also not bother to look or stop and flew.
Had a brief conversation with driver yesterday regarding the next plan of action, his tone of speech had changed compared to that of the Accident day now he is blaming me for coming so fast that i could not avoid him, so even though he is coming on a one-way street he want's me to agree that it was my fault, guess i should not have been easy on him.
Anyway attaching few more pic's of my bike and the Helmet which saved my life, I request everyone in this Forum that even though if you use your bike for a short distance please do wear your helmet.
Yes his tone will change day by day and don't get surprised if even he register a complaint in reverse on you. So whatever it is settle the thing with him quickly or just leave it.
Yes Helmet proved as lifesaver most of the occasions and yes helmet saved me during my bike accident in 2004 as I ended up with wounds on hands and legs. So I too request all the members to wear helmet even it is a short distance
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.
All that will give lot of mental stress and you loose peace of mind !! better forget about that police,case,complaint and the fellow who had hit you. If something was supposed to happen was should be on the spot settlement something like that.
Better get set your wounds thru' a doctor and bikes wounds thru' insurance guy !! and quickly get back to your normal. Just move ahead, do not try to remember the accident day and that cab driver !!
Very Sorry to read this incident Visran but relieved to hear you are safe.
Please take care mate. Do also take the time to think over the incident and if and how you could have avoided it - always helps in the long run no matter whose fault it was.
Hope your beauty(avenger) is quickly restored back to shape!
Very sorry to hear about your accident. I understand the pain and the trauma you are undergoing at this moment. Bangalore cab drivers aalways think that they are F1 drivers and never follow the traffic rules. I too have a bad experience with the cab driver near KAMAT hotel in Basavanagudi. He hit me after coming in wrong side and then as usual his tone changed. Finally he managed to compromise and pay little for the damages done.