Motor Vehicles accident claim
Due to sudden change in traffic signal from Green to Red, my car hit the car in the front as both the parties applied brake but due to the sudden change in signal the mishap happened. There was no injury to anyone. The traffic police was also there and we were taken to the Hebbal Traffic police station. As a compromise I have given a post dated cheque for 45000 to the other party as he claims his expense will be ard 1 lakh and he carries a third party insurance. There is no complaint filed at the police station. Now after that when I discussed with few people and legal people I have been advised that I should have not paid any money as the accident was not due to negligence or drving under any influence. Kindly advise what should I do now.
First and foremost, please issue stop payment instructions to your bank, else the cheque will be encashed by the other party. No money is required to be paid in the event of accident involving vehicles. The respective insurance companies will reimburse the claim arising out of the accident.You can claim the repair charges for your vehicle from your insurance company.
Since, the accident is not due to negligent driving, no claims occur. So, you don' t need to pay for the damage of the vehicle. secondly, issue a stop payment instruction to your bank. thirdly, when the car is in the insurance policy it is the duty and responsibility of the insurance company to reimburse the claim.
In cases of Motor Accidents, compensation is paid either when a person has died or suffered injury or under no fault liability, the victim shall be compensated with either Rs. 50,000/- for death and Rs. 25,000/- for permanent disablement.
In the present situation, the mishap happened due to the technical reasons, and as stated no injury was caused. You acted as a responsible citizen by staying at the place of incidence and going to the police station. The compensation provided by you has been taken wrongfully, as the police have no right to cause any compromise for any consideration. An official complaint can be filed against the other party for wrongly taking the compensation and against the police personal for failing to perform his duties and carrying out extraneous activities under his official capacity.
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