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Car Accident in neighborhood by minor of 16 yrs


12-Apr-2023 (In Motor Accident Law)
my son 16yrs took my car keys early morning to drive my car and hit a 62 yrs old person in neighbourhood. no external injury or bleeding but a minor fracture in his leg. my fmly agrred nd apologised n tried to convince him that we will pay all expenses but he refused nd demanded 3 lacs otherwise he'll file case. police made DD entry in police stn and case filed u/sec 279/337/IPC 3/181 MV ACT. minor was given bail n vhicle was released on superdari. what next to do as i m middle class person n no links wit lawyers n never seen police stn or court in life. pls advz wht to fear about n how much will i hve to pay in court and how long will it go. suggest me good lawyer who is reasonable too. thanks. regards, rajesh
Answers (5)

Answer #1
643 votes
Two cases will be there. One will be a criminal case against your son and other will be MACT case in which insurance company will pay on your behalf. In criminal cases mostly it is settled between the parties
Answer #2
657 votes
Dear Sir,

The best option available to you would be to approach the Complainant once again, and try reconciliation and request him to withdraw the Complaint. If a FIR has been filed, then approach the High Court for quashing on mutual settlement.

Otherwise, if the Complainant insists on pursuing the case against you, approach a good lawyer as per the local court and try your best.

I would strongly advise you to try and settle the matter amicably with the Complainant.
Answer #3
679 votes
Dear sir, its a serious condition/time you are going through. The owner of the vehicle is liable under the provisions of vicarious liability clause. Insurer of the vehicle will not provide anything as driver was authorized for driving the vehicle.
MLC ? have been done in regard to the injury?
Is there any permanent dissability?
If no, than he will surely not get the amount which he is trying to exaggerate from you? as in this matter DAR will be filed from the police, which will only say that driver was minor, but he was holding own fathers vehicle, yes he was not authorized in view of the same so some penalty under 3/181 will be implicated. But surely needs a good MACT ( Motor accidental claim Tribunal) Lawyer. And its a simple injury dont need to fear about##
If lawrato shares my detail with you, i ll help you in all possible ways.
Answer #4
597 votes
Hello, Not to worry about it and don't panic, your approach towards victim was absolutely correct, but incase if he wants to go to court and asking high compensation or demand will be not logical. Court will decide the amount and that whould not be a huge amount.
The prosecution has to be prove that the person who committed the accident was driving rashly and negligently and only then the offence is proved. However, if the vehicle is insured, insurance company will pay.
Answer #5
666 votes
No problem, after three month to 6 moth, challan will be come in court, under section 3/181 M.V. Act, the concerned court wiil fined and U/s 279/337 IPc is bailable offence, the case shall be run in the court, after bail, the acccused will appeareed before the court on each date of hearing . The accused will be acquited after the some date or with fined. More konwledge please meet me in my office.

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