• Suspended licence - accident

What are the implications if you get into an accident driving a car with a suspended licence for drink driving. The other party is a two wheeler rider, driving without helmet and alcohol in MLC and in critical condition. No CCTV evidence available and no eye witness as such.
Asked 4 months ago in Criminal Law
Religion: Christian

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7 Answers

The person driving without a valid license may not be covered under insurance in case of an accident. You will have to bear the financial burden of the damages caused in the accident.

Ajay Sethi
Advocate, Mumbai
97381 Answers
7868 Consultations

The accident is caused by the car driver even though the victim was driving his two wheeler without helmet and under alcoholic drinks, the police will take action against the driver of the car.

If you have driven the car with the suspended licence then you will be held liable for traffic violation  offences. You cannot drive a car with a suspended driving license in India. The Motor Vehicle Act prohibits driving a vehicle on public roads without a valid license. If you drive without a license, you may face a fine of up to Rs 5,000 and/or up to three months in prison. The owner of the vehicle may also be fined Rs 1,000 or imprisoned for up to three months if they allow someone without a valid license to drive their car  

If your car is not covered with insurance at the time of accident then you will be liable to pay for the compensation claim too for the victim

T Kalaiselvan
Advocate, Vellore
87577 Answers
2351 Consultations

Criminal liability is same and liable to pay motor accident compensation if vehicle traced. No liability of Insurance company. 

Yogendra Singh Rajawat
Advocate, Jaipur
23007 Answers
31 Consultations

you can drive when your license gets impounded for first or second time but not afterwards ( I believe the third time it gets cancelled, you simply can’t drive and you will need to visit the court to collect your license and some court order 

Ajay Sethi
Advocate, Mumbai
97381 Answers
7868 Consultations

It was you who had informed in your previous post that the license was suspended unless how will we come to know the details?

Whatever, you may have to challenge the issue in court of law if you have any merits to defend your interests in this regard

T Kalaiselvan
Advocate, Vellore
87577 Answers
2351 Consultations

- You can move an application in the magistrate Court for releasing the DL 

- Further, in trial of the case you can prove that the said two wheeler rider was without helmet which is an offence and was also in drunk position. 

Mohammed Shahzad
Advocate, Delhi
14715 Answers
224 Consultations

Dear Client,

A digitally impounded license indicates that your driving privileges have been suspended or restricted. Driving under these conditions is illegal and could result in severe penalties, including additional charges for violating the terms of the suspension. In the event of an accident with a two-wheeler rider who was not wearing a helmet and was under the influence of alcohol, the lack of CCTV evidence or eyewitnesses means fault determination will rely heavily on police investigations and medical reports. Despite the other party's potential fault, you could face criminal charges for driving with an impounded license and civil liability for damages and medical expenses. The penalties could include additional charges and complications with insurance claims. It is crucial to seek legal counsel immediately to navigate the complexities of the case. A lawyer can help address the charges related to the impounded license, handle the criminal and civil aspects of the accident, and work on mitigating potential penalties.

 

Anik Miu
Advocate, Bangalore
10335 Answers
121 Consultations

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