My car was hit by a bike from rear
6 months ago
I was riding my car in one of the busy road in banglore. Suddenly I hear thud sound from the back of my car, and the guy on the bike fell.
I somehow parked my car temporarily on that busy road to assess the situation. The guy who fell was okay with minor injury on his finger.
Due to impact right rear tail lamp of car broke and bumper and reverse sensor also damaged.
I took picture of my car damages and his bike number plate and took his number and I left because I was also in hurry due to my own personal reasons.
Since this happened during long weekend I waited till weekday and gave my car in company service center and also initiated my own car insurance claim.
My insurance only covers partial amount, and I am supposed to pay (estimated 15K from my side) my hard earned money for the mistakes done by bike rider, which seems unfair. So I am planning to ask him to pay the expenses which are not covered by insurance.
If he denies to pay, do I still be able to take it forward legally since I didn't file FIR when incident happend? Or what should be the right approach if he denies to pay?
It is mandatory to file an FIR in the event of a theft, road accident, or fire. if a third party is involved in the incident, filing an FIR becomes necessary. No insurance company will consider your claim without an FIR, and no FIR will be generated without reporting the incident to the police. Therefore, you must get a copy of your FIR as soon as possible post-accident. So, considering the importance and impact of an FIR in case of any motor accident, you cannot claim the damages or loss neither from the Insurer nor from the bike owner even through litigation under the Motor Vehicle Act, 1988.
Initially, try to reach out to the bike rider politely and discuss the situation. Share the details of your insurance coverage and the estimated expenses that are not covered. Express your desire for a fair resolution without involving legal authorities if possible. You've already taken pictures of the damages and obtained the bike rider's contact information and vehicle details. This evidence can be crucial in case you need to pursue a legal course of action. While you didn't file an FIR at the time of the incident, it's not always necessary for a civil case. You can consult with a lawyer to file a civil suit in a court of law to recover the expenses incurred due to the bike rider's actions. If the bike rider continues to refuse responsibility, pursuing a civil case might be your only option to recover the expenses.
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