• A car and a bike have a minor fender mender, what to do now?

I had a minor fender bender with a bike, small damage to the bike and a few scratches on my car. The bike tried to made a right turn in front of me from the left side. The biker is at fault as you are always suppose to turn right from behind vehicles. 
1. What can I do since the biker keeps calling me for compensation?

2. What can I do in-case he files a police complain? 

Car owners(like me) often get harassed when bikes or smaller vehicles are at fault. What can I do it settle this matter in proper accordance with the law and not over pay or be extorted for there rash driving?
Asked 2 years ago in Civil Law

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6 Answers

1. Don't entertain him,  let him approach police and lodge a complaint. 

2. If he is a minor then he can't drive the vehicle. Therefore police have to register a case against him only for driving two wheeler without license. 

3. You don't appear before the court until you receive notice 

T Kalaiselvan
Advocate, Vellore
87717 Answers
2355 Consultations

Refuse to pay any compensation as it is biker fault 

 

2) in case he files police complaint you can also file complaint for rash and negligent driving against biker as he overtook you from left hand side 

Ajay Sethi
Advocate, Mumbai
97517 Answers
7882 Consultations

  1. If he files police complaint, you will end up paying 1K fine under Section 279 for rash and negligent driving only if at all offence is proved.
  2. If he files civil suit, he need to first establish you negligence, which is very difficult.
  3. If he comes through his insurer, no compensation is paid for minor damage up to 6K.

Ravi Shinde
Advocate, Hyderabad
4424 Answers
42 Consultations

Dear client I am sorry to hear that but in this case you can file a complain against that biker for harassing you

Anik Miu
Advocate, Bangalore
10389 Answers
121 Consultations

1. If no compliant is filed by the said biker , and no FIR is lodged for the said incident  , then no need of worry he cannot claim compensation from you legally. 

2. This is a bailable offence and you can compromised with that person even before the police and court 

- Further, he will have to prove that this incident was happened due to your fault ,otherwise he will get nothing. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
224 Consultations

1. If can get compensation from insurance company. If.you have damaged in with your fault you can pay if compensation for NCB in his policy and loss above and not covered by company 

Prashant Nayak
Advocate, Mumbai
32875 Answers
209 Consultations

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