[arnav17]

Hey guys,

An aunt of mine got into a mini accident on the 9th of October with an Activa. The car in question driven by her is a first generation Ertiga. This took place near Talaghattapura near the forest area, close to the Sobha Apartments.

What happened was that, the roads there have tar only on the left side while coming towards Kanakapura road. My aunt was driving on the extreme left with lot of caution as it was raining Cats and Dogs. There was a bend in the road which is pretty sharp. The Two wheeler guy was coming from the other side and was driving in the middle of the road so as to avail the tarred part. This resulted in a collision of the scooter with the right fender of the Ertiga.

My aunt immediately got down, helped him up and took him near their house which was near the accident spot. The man was pretty soft spoken at that time and he wasn't a kannada speaker, which made things slightly difficult.

My uncle immediately drove him to the hospital in a friends car, got an X-Ray done, assured that there was no damage, bought the two wheeler guy all the medicines required for treatment and also paid for the repair of his vehicle. All this amounted to est. 20000.

No news was heard of him until just a week back, when he called up and demanded that he wanted a new jacket as his was damaged in the accident. My uncle flatly refused to entertain this and the guy went to the extent of a police complaint threat which my uncle asked him to lodge if he wanted.

A few days later they got a call from the Police station who asked them to bring the vehicle in question(Ertiga) to the police station for inspection. The Ertiga being their only car obviously had been fully repaired by then as it had been over a month since the incident. The Police asked both to leave the vehicles at the station and they have been sitting there since.

The Ertiga is registered in Jayanagar, and they are having to make trips of 13km to get an RTO certificate, who are giving excuses and delaying it due to the biggest problem which is that no photos were taken by anyone on our side of the damaged vehicles.

Now, the two wheeler guy went to the Police 2 days back and wanted to withdraw the complaint all of a sudden. The police informed him that it was already registered as an FIR and nothing could be done then.

Please do advise on what can be done further to get the Vehicle back as soon as possible.

Thanks in Advance!

[hserus]

“Manage it and pay some minor amount to the guy and some chai paani to the police” would have been the correct answer and you’d have ended up with a CSR documenting the accident, not an FIR.

Once an FIR is filed the vehicles stand seized and will remain so till the cops file a closure report in court. So talk to a local lawyer.

[puntra800]

Almost similar thing happened to my dad way back in 1989, the guy got all treatment done and stuff post which he filed a complaint. My dad had to leave the vehicle in the police station, eventually it was fought out by the lawyers but he told me the bike got released from the police station before the case was closed(Not sure if it was some kind of influence which was at play or some adjustment).
From what I read in the above post looks like not much has changed since then, best thing is hire a lawyer through known sources(Why Known ?, sometimes lawyers also fleece and my father in law is a victim of the same).

[kochup]

Originally Posted by arnav17

Hey guys,

A few days later they got a call from the Police station who asked them to bring the vehicle in question(Ertiga) to the police station for inspection.

Thanks in Advance!

There is a way to release the vehicle pending trial, check this out

https://www.soolegal.com/rc/how-to-g...ion%20451%20Cr.

Also hire a lawyer and follow their advice which is mostly to admit to negligent driving and pay the fine since there are no major injuries.

Based on lawyer's advice, inform insurance about the FIR.

[mayankk]

Originally Posted by arnav17

Hey guys,

The Police asked both to leave the vehicles at the station and they have been sitting there since.

This is why....

Originally Posted by arnav17

Hey guys,

Now, the two wheeler guy went to the Police 2 days back and wanted to withdraw the complaint all of a sudden. The police informed him that it was already registered as an FIR and nothing could be done then.

.....this has happened.

The guy probably did not realise that his own vehicle will be seized, and its hitting him as much as not having your ertiga is hitting you.


Your best bet now is to get a lawyer involved, who will get it quashed in a court. However, you need the other to person cooperate and say that there's a compromise and that he is happy.

[true_sedan]

1) Hire a good lawyer.
2) Visit the police station with all the medical bills and evidence along with the lawyer. Lawyers know how to handle the police and police respond properly when lawyers are present.
3) Tell the other person(fraudster) to come to the police station as well.
4) Do not tell him you are coming with a lawyer. Call him under the pretext of settlement.
5) Confront him in front of the police with your lawyer doing all the talking. Show all the evidence of treatment given to him and things ending amicably.
6) Police never like being lied to. And they can sense who the liar is when both parties are present. And once they find who the liar is 99% of the times they'll let the innocent party take the car and go after a few formalities. But if the station incharge is corrupt, then they'll extract 1 pound of flesh from you and 2 pounds from Activa guy for lying.

All the best! Don't give up. Your uncle and aunt are sweet people based on the lengths they went to get the guy treated. That Activa guy sounds like a fraudster looking to extract more money. And please install a DASHCAM. Can't stress this enough.

[GTO]

Update from the OP :

The police called up today and returned the vehicles just a few minutes back.

[vinu_h]

Originally Posted by GTO

Update from the OP :

Eager to know more. Were the vehicles returned because the complaint was withdrawn or because they are done collecting evidence from it ? It will be a good learning for the rest.

[autobahnjpr]

The police got scared when they got to know a post has been made on team-bhp for the same.

Originally Posted by vinu_h

Eager to know more. Were the vehicles returned because the complaint was withdrawn or because they are done collecting evidence from it ? It will be a good learning for the rest.

[deathwalkr]

Hope this helps:

After an accident, you do the right thing, take them to hospital pay for x rays and what not and you leave thinking all is well.

After a few days you realize he wants money. Usually influenced by friends/family.

Would it be in best interest to get it in writing saying no further issues etc.?

[HappyWheels]

Originally Posted by vinu_h

Eager to know more. Were the vehicles returned because the complaint was withdrawn or because they are done collecting evidence from it ? It will be a good learning for the rest.

+1 to this; would be good to know what happened, so that it helps all reading this thread, and not just a "got resolved, nothing more to share".

This used to happen a lot previously, when threads come up on an issue asking for advice, and after it finally gets resolved - nothing / radio silence. Assumed it is due to some NDA with the offending entity. Reckon this is not a concern here.

[raptor_diwan]

Glad to hear things got sorted. Just a heads up for the future: it's always smart to snap pics of everything—like the accident vehicle, medical stuff, and whatever help you're dishing out. Makes it easier to show the cops what you've done. They might change their tune if they know all the details. Anyway, seems like the Activa guy might've thrown some cash to settle it, and I'm guessing the whole FIR thing was just a bluff for more money.

[buzzy_boy]

I suspect whether the police actually filed an FIR. Even in the case of more serious accidents, it's very hard to get them to even make a CSR entry. I suspect that this was just a ploy to see if they can extract some money.

[Samarth 619]

Originally Posted by raptor_diwan

Glad to hear things got sorted. Just a heads up for the future: it's always smart to snap pics of everything—like the accident vehicle, medical stuff, and whatever help you're dishing out. Makes it easier to show the cops what you've done. They might change their tune if they know all the details. Anyway, seems like the Activa guy might've thrown some cash to settle it, and I'm guessing the whole FIR thing was just a bluff for more money.

In addition to the useful suggestions by you and all others, would it help us to keep a certain format with the other party's signature to indemnify us?

Something with a language like,
"In record of the accident that occured on ___ at ___, between Party 1___ & Party 2 ________, the vehicles of models __ & __ , numbered __ & __, I, party 2, hereby indemnify the party 1 of all claims in exchange of medical treatment and Rs. ____ ."
Then you can get it signed by the other party to indemnify yourself.

Not suggesting, instead I'm more of asking a question, whether it can work beneficially? And at which level? Police, court?
What kind of paper is ok for this, will a common A4/legal sheet be of any use?

[Mr.Ogre]

I was in a similar accident around 2013-14. I had a Ninja 300, and I rear-ended a guy riding Hero Honda Splendor. I was riding fast, and was thinking about something. The Splendor applied brakes all of a sudden and I rammed into him.


At that point I knew it was my fault as I should have been more attentive and controlled my speed. We were both bleeding and needless to say the guy was very furious. He even took out the key of my bike and was very very upset.

I somehow managed to stay calm, I apologized to him profusely, managed to convince him that we should both go to the hospital together and get ourselves checked first. I offered to take him to Hiranadani Hospital.

I gave him my license and he returned the keys of my bike and we both managed to ride to the Hospital. Fortunately his reports came out fine with no fractures or internal bleeding. My report came out fine too.

I paid for both our checkup and treatment. At this point he had also calmed down and I offered to pay for the damages to his bike and clothes. He hesitantly returned my license after taking a copy.

A week later he called me back with the quote and I deposited the money to his account with no bargaining or negotiations. I never heard back from him after that, and I never tried to reach out to him either.

That was a big lesson learnt. Always stay attentive on the road and always wear proper gear while riding. Also, in situations like these I think it is always better to stay calm and try to pay your way out if you can. The hassles and troubles which one faces otherwise is just not worth it.