My friend summoned to court for a car accident that was a possible scam

The drunk man involved in the incident is now claiming Rs 1.5 lakh as compensation for his injuries.

BHPian vaibworld recently shared this with other enthusiasts.

My friend received a court summons regarding an accident he was in. The details are as follows:

  • He was walking through a crowded market.
  • A drunk man literally falls on his car. My friend freaks out and gets out of the car to help the guy. The guy is so drunk he can’t even stand up.
  • There are police nearby trying to blame my friend. The case reaches the police station where an FIR is filed.
  • Ideally, there is no CCTV footage in this area.

After 2 months now, my friend got a court summons where the man is asking for 1.5 Lakhs as compensation for his injuries. He made a claim under the Motor Vehicle Act and is claiming the amount on account of the insurance.

The police seem to know.

Please share your tips on how to protect us from such incidents.

Here is what Batish BHPian had to say about it:

It looks like something is missing here. If it was in traffic and a drunk fell on its hood, how can he even claim any compensation for that?

The police don’t usually file FIRs that easily. Since they did, there must have been some damage and that damage is not likely to be caused by a stuck vehicle.

If he can, why not show his car as proof? If there had been injuries, his car would also have been damaged in the accident.

From what I know, this indemnity would be paid by his insurance company, so they will dig everything before paying it.

Now, in the future, to protect something like this, you would have to install a dashcam. Here is my previous post regarding the same thing.

Here is what BHPian MT_Hyderabad had to say about it:

If there were no injuries, no claims would be accepted. A medical test must have been done and he must also perform the alcohol consumption test.

As a rule, these cases are settled either before arriving at the police station or at the police station. I think your friend did not try to solve it or was arrogant with the policeman, from where he recorded an FIR.

Here is what BHPian Rohan265 had to say about it:

Unfortunately, such cases are far too common. It’s not just the police, but a network of lawyers, police and medical centers.

The only good thing for your friend is that he has insurance. The insurance company will take care of the investigation. Your friend will only have to appear in court once to make their statement. The lawyers from the insurance company will guide him.

The bad thing is that he is highly unlikely to win the case. MACTs always rule in favor of the “victims”, ie the person who is injured. In the absence of physical evidence, courts will rely solely on statements. And it’s not hard for the police to produce 3 or 4 witnesses to say that your friend was driving “recklessly and negligently” and hit the pedestrian.

Given the amount of the claim, I highly doubt the insurance company will fight the case. It’s just not worth the effort and expense for them. They better pay the victim. The link knows this and therefore maintains a claim amount of around 2L or less.

How to protect yourself? Collect evidence. Lots of evidence. Use dash cams as others have suggested. Save everything to your phone, including the chat with the police. Take photos of the vehicle and the victim. Use dates and timestamps. Keep the original evidence in a safe place as only the original is presented in court as per Indian Evidence Act.

The production of a valid medical record of injuries is hardly an inconvenience to the police if they wish. And I’m sure he’ll mention that the victim wasn’t drunk.

Check out BHPian’s comments for more ideas and information.

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