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Q. motor accident due to wrong route driving

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Anonymous

posted 4 months ago

Q.motor accident due to wrong route driving
my friend met with an accident recently as he was travelling in a car on a 4 laned highway at about 8pm. two guys on a motorcycle came in wrong route on curved road which resulted in the accident. the driver of the motorcycle died whereas the pillon rider suffered a fracture. It is obviously the fault of the biker but the chargesheet has not yet been made. How can my friend settle this case? please help.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 4 months ago

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A. ) Please ask your friend to approach higher police officers and see that it is closed or file 482 petition for quashing

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Deepak Yashwantrao Bade

Experience: 9 Year(s)

Responded 4 months ago

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A. ) Dear client in your matter there is no need to worry. Matter will be solved on merits.kindly engaged an experienced lawyer who will be deal your case in better way.

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Suneel Moudgil

Experience: 15 Year(s)

Responded 4 months ago

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A. ) if they have filed for claim? Your friend's car was insured at the time of the accident? what states the FIR? provide complete details to get prompt reply

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Anonymous

Replied 4 months ago

They did not file for claim yet. Yes his car was insured. The fir(by victim) states speeding car hit him in opposite direction.

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Anonymous

Replied 4 months ago

They have not filed for claim yet. Yes the car is insured. The fir(by victim) states that a speeding car hit the bike in opposite direction.

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Suneel Moudgil

Experience: 15 Year(s)

Replied 4 months ago

Your friend has to take bail from the concerned court as a criminal case must have been lodged against him for rash driving.

Try to settle the matter amicably with the injured to avoid legal complications.
If he file a claim case, nothing much to worry as the car was insured.

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Anonymous

Replied 4 months ago

But isn't it the fault of the biker to be coming in wrong route on a 4 laned highway? How can my friend be booked for rash driving? And he wishes to go to the US for further studies. Does this case have any affect on his plans of studying abroad?

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Suneel Moudgil

Experience: 15 Year(s)

Replied 4 months ago

though it was his fault (biker) the case will proceed as per FIR and FIR don't include fact which says he was on fault or coming from wrong direction etc. This case can affect his plans of going abroad upon conviction, but the conviction rate is quite low in such cases. you have to engage a good lawyer and has to defend the case, in such cases, witness hostile after getting approved of claim in MACT petition.

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Shreyash Mohta

Experience: 1 Year(s)

Responded 4 months ago

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A. ) Sir, If your friend was not on the wrong lane then there is nothing to worry about.
The person who were driving on the wrong lane were totally on fault and it was an accident.
If in case a charge sheet would be filed then too it will be against them. However given the circumstances it does not look that there will be a charge sheet filed.
The case [if any] will be taken care of itself. There is no need to settle the matter because you are not at fault. The prima facie evidence would show the motorcycle riders to be the wrong doers.
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Shreyash Mohta

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Abhimanyu Shandilya

Experience: 14 Year(s)

Responded 4 months ago

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A. ) If the victim of the accident was driving on the wrong lane then your friend will not have to do anything or pay any compensation. The case on its own will take care of this and there may not be a charge sheet filed in this case. Since you friend is not at fault so nothing to worry about.

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