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Met with accident person agreed to bear damages now refused to pay
31-Dec-2023 (In Motor Accident Law)
met an car accident on 10th Dec 2017 my car got damaged after mutual talk he agreed to bear expenses so i repaired my car amounting 30 thousand but now he is not responding not receiving my cal as we had mutual understanding i hv not filed fir also I m worried that he may escape what can I do now please kindly suggest what type of case can I file against him or send him a legal notice Thanking you
On the same time you have to register FIR. It is already been delayed by you. There no such legal notice for accident. You would have to go to police same time. Now also you can try ti trap him by registering FIR.
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Adv. Sheetal Bhutada
Pune | 25+ Answers
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Anytime after an accident, always file an FIR if the other person is at fault. As per the norm you should have also got a copy of his license and his car insurance papers.
Nonetheless since you both agreed mutually on oral terms , that he reimburse you for the loss, he should be obligated by law to fulfill his promise made to you. A oral agreement/oral promise is also binding in law. Even when you both mutually agreed that he should reimburse you for the loss, you should have also written down in writing. Even when you received RS.30,000/- as part payment, you should have proof of the same, is it vide cheque? If cash then it should have been acknowledged on a written piece of paper.
Even then, the other person is obligated by law to pay you the money and if he doesn't it amounts to breach of trust. Yes you can definitely send him a legal notice requesting him to pay you at earliest or legal action can be taken against him.
Nonetheless since you both agreed mutually on oral terms , that he reimburse you for the loss, he should be obligated by law to fulfill his promise made to you. A oral agreement/oral promise is also binding in law. Even when you both mutually agreed that he should reimburse you for the loss, you should have also written down in writing. Even when you received RS.30,000/- as part payment, you should have proof of the same, is it vide cheque? If cash then it should have been acknowledged on a written piece of paper.
Even then, the other person is obligated by law to pay you the money and if he doesn't it amounts to breach of trust. Yes you can definitely send him a legal notice requesting him to pay you at earliest or legal action can be taken against him.
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Adv. Gowaal Padavi
Mumbai | 500+ Answers
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You should first have made a complaint against the person to whom you met accident and after he was settling then the you could have taken the complaint back so that you would been secure from your side.
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Adv. Dhananjay Ravikant Gangawane
Pune | 500+ Answers
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