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Insurance claim from Offending party + Assault


jdz10

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Hi guys i had an accident few weeks back where a three wheeler bugger tried to overtake from the right on a narrow road and ended up been crushed between my car and another oncoming Jeep. (driver wasnt hurt) The driver of the tuk also assaulted me when i called the cops (left with 3 stitches) and left the tuk and fled. I immediately filed a complaint at the police station for the accident and assault. However the owner of the tuk is a 'monk' and the police had summoned the monk. We requested that the tuk be held until the driver was produced but the Police had released the tuk to the Monk without even filing a court case. They said the owner is not liable for damages. 

The damages to my car are almost 1.2 million and the insurance has approved but 10% on owners account and 50% for rubber parts etc... The damages to the other vehicle are also around 200k. My car is a Honda Fit GP5 2015. Can i also get the full amount without pocketing anything from my end since the car is a 2015 model?

I need to know why the cops didnt file action and how can i file action to get even a considerable amount from their insurance since these guys shouldn't be let go after causing such damages. The police are also not taking any firm actions.

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Since the Tuk driver has left without reporting the accident to the police; this becomes a ‘Hit & Run’ case which is a crime according to the traffic law. Usually when such an incident occurs; the police will visit the place where the accident took place with the complainer and sketch down the incident as per the description of the complainer. They will write down the complaint in the compliant book according to this description and will provide a receipt to the complainer with the details of the complaint. Police will later on; contact the department of motor traffic to get the registration details of the vehicle owner and summon him for questioning. When the owner arrives; police will also contact the complainer as well. Police will give an opportunity to the complainer and the owner to come to a settlement then and there. If the owner accepts his faults and agrees to come to a settlement with the complainer; police will not file a court case and solve the issue then and there. They might file a case against the owner if he has violated any road rules but will not ask the complainer to attend the court case if he is satisfied with the compensation given by the owner.

If both parties cannot come to a settlement; then the complainer will have to prove the driver was wrong in courts and get the compensation from either him or from his insurance company. Police will inform the complainer about the date where they will put the case to courts and ask him to appear in courts on the given date with a lawyer and an estimate on the damages that were caused. If you have any evidence such as Video footage of the incident; then you are lucky as you can take some screen captures of the footage and produce it in courts which will give a quick verdict. If the owner is found guilty; usually what happens is the judge will ask the owner to pay part of the damages and ask the complainer to get the remaining amount from his insurer by filing a civil case.

As per your scenario; the driver has not appeared in police. So; I believe the owner is liable for the damages that were caused as he has given consent to the driver to drive the vehicle. Either the police should capture the driver or else ask the owner to compensate you. Anyways; the police should take action against the driver as he has fled the scene. One cannot runaway after an accident whether he has committed it or not. Its against the road rules and he has to be penalized.

So, as a summery; if the owner is not willing to compensate you; you will have to prove him wrong in courts via a civil case and get the compensation from his insurance company.

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13 minutes ago, LashNeo said:

Since the Tuk driver has left without reporting the accident to the police; this becomes a ‘Hit & Run’ case which is a crime according to the traffic law. Usually when such an incident occurs; the police will visit the place where the accident took place with the complainer and sketch down the incident as per the description of the complainer. They will write down the complaint in the compliant book according to this description and will provide a receipt to the complainer with the details of the complaint. Police will later on; contact the department of motor traffic to get the registration details of the vehicle owner and summon him for questioning. When the owner arrives; police will also contact the complainer as well. Police will give an opportunity to the complainer and the owner to come to a settlement then and there. If the owner accepts his faults and agrees to come to a settlement with the complainer; police will not file a court case and solve the issue then and there. They might file a case against the owner if he has violated any road rules but will not ask the complainer to attend the court case if he is satisfied with the compensation given by the owner.

If both parties cannot come to a settlement; then the complainer will have to prove the driver was wrong in courts and get the compensation from either him or from his insurance company. Police will inform the complainer about the date where they will put the case to courts and ask him to appear in courts on the given date with a lawyer and an estimate on the damages that were caused. If you have any evidence such as Video footage of the incident; then you are lucky as you can take some screen captures of the footage and produce it in courts which will give a quick verdict. If the owner is found guilty; usually what happens is the judge will ask the owner to pay part of the damages and ask the complainer to get the remaining amount from his insurer by filing a civil case.

As per your scenario; the driver has not appeared in police. So; I believe the owner is liable for the damages that were caused as he has given consent to the driver to drive the vehicle. Either the police should capture the driver or else ask the owner to compensate you. Anyways; the police should take action against the driver as he has fled the scene. One cannot runaway after an accident whether he has committed it or not. Its against the road rules and he has to be penalized.

So, as a summery; if the owner is not willing to compensate you; you will have to prove him wrong in courts via a civil case and get the compensation from his insurance company.

Hi Lash, appreciate your long reply. However i need to clarify few other things as well if you can answer:

 

  1. Can the police release the vehicle to the owner if the driver doesnt show up and if both parties do not come to a settlement? - I ask this as we told the police not to release the vehicle until the driver is produced (since he has to be jailed for assault as well) however went to the police few days back and behold they have released the vehicle to the driver without even filing a court case for the hit and run. Their reply was that the driver is not liable for damages.
  2. What actions can be taken against the police and for releasing the vehicle without even putting to courts? 
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1 hour ago, jdz10 said:

However the owner of the tuk is a 'monk' and the police had summoned the monk. We requested that the tuk be held until the driver was produced but the Police had released the tuk to the Monk without even filing a court case. They said the owner is not liable for damages. 

What BS is this!!.. What area police is this??????

Fleeing after an accident is a civil case, and so is assault (this needs to be proven) but either way if you have filed a complaint then vehicle involved in the accident will be seized till a court order is issued (including yours).

The OWNER IS liable for the damages (i.e. owners insurance) NOT the driver..

I was once involved in an accident, i was the driver and crashed into a wall, i left the vehicle to take my friend who was bleeding to the hospital. No other parties were involved... When i came back, van was being towed. police filed a civil case on me for fleeing the accident (but later dropped the charges because of the situation) and it took 3 weeks for my van to be released from the yard..  And because i was not there when the police arrived, i was denied insurance claim... they suspected i was DUI, which was not the case...

I have a feeling this has all to do with the owner being a monk...

Edited by Stryker
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3 minutes ago, Stryker said:

What BS is this!!.. What area police is this??????

Fleeing after an accident is a civil case, and so is assault (this needs to be proven) but either way if you have filed a complaint then vehicle involved in the accident will be seized till a court order is issued (including yours).

The OWNER IS liable for the damages (i.e. owners insurance) NOT the driver..

I was once involved in an accident, i was the driver and crashed into a wall, i left the vehicle to take my friend who was bleeding to the hospital. No other parties were involved... When i came back, van was being towed. police filed a civil case on me for fleeing the accident (but later dropped the charges because of the situation) and it took 3 weeks for my van to be released from the yard..  And because i was not there when the police arrived, i was denied insurance claim... they suspected i was DUI, which was not the case...

I have a feeling this has all to do with the owner being a monk...

Machan, Please  lean the difference between a civil and a criminal court action. Police cant file a  civil case on behalf of other parties.

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3 minutes ago, peugeot407 said:

Machan, Please  lean the difference between a civil and a criminal court action. Police cant file a  civil case on behalf of other parties.

This gentlemen's car was hit by a tuk, and the driver fled the scene, if he files a complaint then it is a civil case against the driver. Owner of the vehicle is responsible for providing information on the driver (Name, NIC, etc) I didn't mention anywhere that police going to file case on behalf of anyone?

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1 hour ago, jdz10 said:

Hi Lash, appreciate your long reply. However i need to clarify few other things as well if you can answer:

 

  1. Can the police release the vehicle to the owner if the driver doesnt show up and if both parties do not come to a settlement? - I ask this as we told the police not to release the vehicle until the driver is produced (since he has to be jailed for assault as well) however went to the police few days back and behold they have released the vehicle to the driver without even filing a court case for the hit and run. Their reply was that the driver is not liable for damages.
  2. What actions can be taken against the police and for releasing the vehicle without even putting to courts? 

1. As per my experience they cannot let him go so easily. Since he has not reported the accident to the police and you are the person who has made the complain; they cannot let him go as according to the traffic law any person who has fled an accident scene without informing it to the police is considered a criminal irrespective of whether he has committed it or not. They have to charge him for that.
However; i'm not sure about the legal terms involved with releasing the vehicle. I hope someone who has a legal background will respond to this.

2.Seems like the police is not convinced that the Tuck driver has committed an offense or else they don't want to accept it due to their close connection with the owner or driver. Do you have any video evidence that can prove your statement? Maybe something taken from any near by CCTV camera? You can produce it to the police and convince them.

Edited by LashNeo
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18 minutes ago, peugeot407 said:

Machan, Please  lean the difference between a civil and a criminal court action. Police cant file a  civil case on behalf of other parties.

What Stryker was stating was that because @jdz10 had already filed a complaint about the accident, fleeing the scene (hit and run) and the assault, the civil case (and any criminal cases) has already been lodged by the "plaintiff" to the Police; and now the Police is not pursuing it any further (e.g. issuing warrants, actively searching for the driver, etc..). Not that the Police should be filing additional court cases.

I hope it is not the case, but my gut instinct too was that this BS might have something to do with the owner being a monk.

@jdz10....have you considered hiring a lawyer ? In most cases these people get away with all this BS is because the "victims" just simply give up saying that the Police is not doing anything more and pursuing it further costs too much. At the end of the day...you have sustained significant damage to your car (true...you can just give up and say you will fix it with your insurance) and you have been assaulted, which is unacceptable and should not be easily let go of. 

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2 hours ago, iRage said:

have you considered hiring a lawyer ? In most cases these people get away with all this BS is because the "victims" just simply give up saying that the Police is not doing anything more and pursuing it further costs too much. At the end of the day...you have sustained significant damage to your car (true...you can just give up and say you will fix it with your insurance) and you have been assaulted, which is unacceptable and should not be easily let go of. 

Exactly!! In most cases the victims tend to give up due to the inconveniences and bare the damage themselves which I believe should not happen. You should stand up for justice.

Something similar happened to me few months back. It was my mother’s funeral and I was travelling to the cemetery in the funeral procession in my car. Suddenly a Tipper came from behind me cutting the double lines and veered in towards the funeral procession and hit my car from the rightside. The driver fled the scene and the car was damaged with a broken tire. I Ieft the car with some of my friends and attended the funeral and later in the evening made a complaint to the police. Luckily the whole thing was recorded in my DVR and I showed it to the police and they were convinced about the crime committed by the driver. They tracked down the driver with the help of DMT and informed me once they summoned him for inquiries. Police asked us to come to a settlement but the driver was not willing to pay me the due amount for the damage that was caused. He was only willing to pay a very small amount. I challenged him to go to courts and won the case in just one sitting. He had to pay me 50,000 for the damages and I was asked to file a civil case against him to get any remaining amount from his insurance company. My friends, family and even the police asked me to come to a settlement with him but I insisted on going to courts as I wanted to teach him a lesson for the insult he caused to my dear mother. I won because I stood up against them. @jdz10 I wish the justice will prevail in your incident as well. Be strong !!

Edited by LashNeo
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2 hours ago, LashNeo said:

 

2.Seems like the police is not convinced that the Tuck driver has committed an offense or else they don't want to accept it due to their close connection with the owner or driver. Do you have any video evidence that can prove your statement? Maybe something taken from any near by CCTV camera? You can produce it to the police and convince them.

Police already came to the scene and looked through he CCTV footage.they have it with them which shows this accident clearly. They know the driver is fully responsible but aren't doing anything cause this "monk" came and sweet talked the police. The OIC had released the vehicle. So our only option is to take this as corruption right to the SSP IGP level with a lawyer. I also have pictures of the driver but this corrupt police arent doing anything to catch him.

2 hours ago, Stryker said:

What BS is this!!.. What area police is this??????

 

Dehiwela

2 hours ago, iRage said:

 

@jdz10....have you considered hiring a lawyer ? In most cases these people get away with all this BS is because the "victims" just simply give up saying that the Police is not doing anything more and pursuing it further costs too much. At the end of the day...you have sustained significant damage to your car (true...you can just give up and say you will fix it with your insurance) and you have been assaulted, which is unacceptable and should not be easily let go of. 

Thanks for the response. We are already in the process of looking for a good lawyer. If you have anyone that can be recommended please inbox me. Thanks

2 hours ago, JayZ said:

you mentioned another vehicle was hit. So that person did not log a complaint with you?  or does he has a dash cam ? 

He also lodged a complaint. They also cant believe how the Police et the vehicle go without even refering the case to Courts as a hit and run. Unfortunately no dash cam on the oncoming vehicle, Only my dash cam shows the front which is useless since he impact was from behind. A close by CCTV has good video which the police already took. Although i have pictures of the driver who fled.

Edited by jdz10
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1 minute ago, jdz10 said:

Police already came to the scene and looked through he CCTV footage.they have it with them which shows this accident clearly. They know the driver is fully responsible but aren't doing anything cause this "monk" came and sweet talked the police. The OIC had released the vehicle. So our only option is to take this as corruption right to the SSP IGP level with a lawyer. I also have pictures of the driver but this corrupt police arent doing anything to catch him.

Dehiwela

Thanks for the response. We are already in the process of looking for a good lawyer. If you have anyone that can be recommended please inbox me. Thanks

He also is fighting the case with me. Unfortunately no dash cam on the oncoming vehicle, Only my dash cam shows the impact from behind. A close by CCTV has good video which the police already took. Although i have pictures of the driver who fled.

Ask for a copy of that CCTV footage asap. You never know, it may even get erased or did not record at all during the accident.

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2 hours ago, noddy said:

Sri lanka police only do when a green note exchanges hands only!!!!

So give way to the 3 wheeler and the buses.

Sad state of affairs.

    

If you let these guys escape easily after taking the law to their own hands many other people will also face similar to what i faced. They will simply assault you and come back and collect the vehicle later while we have to run around spending our own money.Taking at least one of these guys off the road and teaching them a lesson is considered a win in my book.

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14 minutes ago, jdz10 said:
3 hours ago, Stryker said:

What BS is this!!.. What area police is this??????

 

Dehiwela

If this incident occurred in Dehiwala area; i think your case will go to Mount Lavinia courts which is known as a less corrupt civil court in Sri Lanka. I got my verdict from the Mount Lavinia courts as well. Since you have video evidence you have a very good chance of winning the case. Therefore keep your spirits high and fight for it. Justice will prevail.

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3 hours ago, LashNeo said:

If this incident occurred in Dehiwala area; i think your case will go to Mount Lavinia courts which is known as a less corrupt civil court in Sri Lanka. I got my verdict from the Mount Lavinia courts as well. Since you have video evidence you have a very good chance of winning the case. Therefore keep your spirits high and fight for it. Justice will prevail.

He's right.

Quote

He also lodged a complaint. They also cant believe how the Police et the vehicle go without even refering the case to Courts as a hit and run. Unfortunately no dash cam on the oncoming vehicle, Only my dash cam shows the front which is useless since he impact was from behind. A close by CCTV has good video which the police already took. Although i have pictures of the driver who fled.

Double check your recording, see if you are breaking any rules at the time of the crash i.e - not giving right of way, cutting a single line, overtaking on pedestrian crossing  etc.

Otherwise the cops will say that you were also breaking the rules at the time, just to give an excuse to let the monk get away.

While you seek legal action, i would also suggest you write up your story along with video and photos and post it on social media (FB), and hopefully get some official's attention. There is a dedicated group on FB for car accidents in SL.

If you are innocent don't let this incident get swept under the rug... no one should be above the law...

4 hours ago, jdz10 said:

Thanks for the response. We are already in the process of looking for a good lawyer. If you have anyone that can be recommended please inbox me. Thanks

Machan i know quite a few lawyers through my work, but not sure if they specialize in this area, i will check with them and pass them on to you if they can help.

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