Accident by unauthorised person and vehicle not insured

Dear client,

Here are the steps you can take to pursue legal action against the parking owner and his son for the incident involving your car:

File a Police Complaint (FIR):
First, visit your local police station and file a First Information Report (FIR). Explain that your car was taken without permission and involved in an accident.
Include the following details in your FIR:
The make, model, and number of your car, along with its insurance status.
Your allegations against the parking owner and his son.
A detailed account of the accident, including the injuries sustained by the other driver.
Collect Medical Reports and Bills:

Gather all documentation related to the medical treatment received by the injured driver (medical reports, bills, and doctor's recommendations). This will support your case and demonstrate the impact of the accident.

Send a Legal Notice:
Consider sending a legal notice to both the parking owner and his son, asking them to respond to your concerns. This formal document will inform them of your serious concerns regarding the situation.

File a Civil Suit:
You can file a civil suit seeking compensation for damages caused by the incident. You will need to demonstrate that their negligence led to your loss and the injuries of the driver.
In your civil suit, you can claim damages, medical expenses, and emotional distress.

Criminal Case:
You may also pursue a criminal case under Section 379 (theft) and Section 337/338 (negligence leading to hurt) of the Indian Penal Code (IPC). These sections carry serious charges that could result in harsh penalties for them.
You may need to approach the police again to insist that they pursue this case criminally.

Consult a Lawyer:
Given the complexities involved, it is advisable to consult an experienced lawyer who specializes in criminal or civil law. They can guide you through the legal process and represent you effectively in court.

Keep detailed records of every step taken, as having thorough documentation will strengthen your case.
The legal process can be time-consuming, so it’s important to remain patient.

Take your case seriously by following the steps outlined above. Pursuing legal action can increase your chances of obtaining justice and compensation for the losses incurred.

Dear Client,

In your situation, where your car (with expired insurance) was taken without your permission by the parking owner's son, who then caused an accident injuring an auto driver, you want to take strict legal action against them. Here’s what you can do:

The first step is to file an FIR at your nearest police station against the parking owner and his son. In the FIR, you should include:
That the parking owner's son took your car without your permission.
Mention the theft of the car and the fact that he was driving without a proper license.
Include the details of the accident and the injuries sustained by the auto driver (such as fractures).

Since the parking owner’s son took your car without your permission, it can be treated as criminal misappropriation. You can also file Criminal Breach of Trust.
The parking owner may be held responsible as well because the accident was caused by his son, for whom he has a certain degree of accountability.

You can also file a civil suit for compensation due to the damage caused to your car and the expenses incurred due to the accident, such as medical treatment for the injured auto driver. The parking owner and his son may be held financially responsible for these damages.

If medical treatment for the injured auto driver has already been provided, you can demand that the parking owner or his son cover those expenses. If they refuse, you can claim this compensation through legal means in court.

Since your car insurance had expired, you may want to consult with your insurance company for advice, even though the primary legal case is against the parking owner and his son for unauthorized use of the vehicle and causing the accident.

Collect any evidence you can, such as the parking slip, witness statements, CCTV footage (if available), and medical reports of the injured auto driver, which will support your case in court and during the police investigation.


Regards

Dear Client,
Vehicle insurance is mandatory for every vehicle plying on public roads. According to the Motor Vehicles Act, 1988, a vehicle is legally allowed to be driven on public roads only if it is covered under car insurance with a minimum of third-party insurance coverage. So, if an uninsured vehicle is involved in a road accident, the registered owner of the vehicle becomes liable to pay compensation to the injured person once an FIR is lodged in the Police station and the matter is tried by the Motor Accident Claim Tribunal. In motor accident cases both the owner and driver of the vehicle are liable to face prosecution proceedings initiated before the Motor Accident Claim Tribunal. So, being an owner of an insured vehicle you are equally liable to face the consequences along with the person who was allowed to drive the vehicle and caused the accident on the road in the absence of an express authorization allowing him to drive the vehicle.

Dear Sir,
The RC Owner is liable to make good the award passed by motor vehicles tribunal if there is no insurance. Off course you can recover the same from the person who un authorizedly used your car.