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Saravanan P
Asked May 12, 2017

Road Accident

  • 1 Answer
  • 548 Views

I parked my bike in my relative home at Ayikudi a place near to Tenkasi and i work in Chennai. One guy Mr.A who is completely unknown to me has taken my bike and hit a pedestrian on road. He was drunken and FIR is filed on the police station. Mr.B who got injured seeking a compensation of 10 lakh rupees. Mr.B added Insurance company, Mr.A who made the accident and my name as the bike is in my name. This was completely unknown to me for almost a year. Today i suddenly getting summon from court. This bike was taken with out my knowledge and the accident was made. Even from Police station /RTO did not contact me related to this. During this accident my bike was insured and it was a brand new just 5 or 6 months old. Since this bike was in my relative home, they reapired the bike and kept it in good condition. This was not disclosed to me . Whether i will be liable to this for this compensation The person who made the accident must compensate it Kindly provide your expert opinion to handle this

Answer 1

Sir, you must insure that a First Information Report (FIR) is filed regarding such theft. In case you have not done this already, you must take steps to ensure this is done. This FIR will not only help you in claiming insurance for your stolen vehicle but will also aid you in putting up a defence and prove your innocence with regard to the accident. You cannot be held liable for a crime which was not committed by you. And in order to prove this, you must prove that the vehicle was not in your possession when said accident took place. Thus the FIR will be the best defence available to prove your innocence.

 

Research by - Asmita Rakecha, Lawfarm 

Agree Comment 0 Agrees over 3 years ago

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