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I had an accident on motorcycle on 15 dec , i was badly injured spent 19 days in icu . We were two guys on bike and the opposite party were also two on the bike . But one of them died after 5 days in the hospital . I want to know that both guys didn’t had driving license but we had . Is there any possibility that they get the claim but there won’t be a criminal case because we too had a severe injury plus they don’t have a license. Please reply

Free Legal Advice - motor accident

Posted by: Satinder pal singh

Posted on: 2020-04-23

Dear Sir, Even there is no FIR the other party or legal heirs of deceased may approach the Court directly and at a remote date they may summon you to the court and at that time you have to take appropriate defense or get issue a legal notice now itself. You need discussion if you wish particular solution to resolve your issue. You can get my mobile number from the administrators of this website.

if that person is dead than f.i.r will be file against you in police station.

SIr, this is complex situation. In regard to criminal liability, it depends on the police investigation whether they termed this as simple accident or they booked you under 304A IPC on the basis of any complaint lodged against you, if any. whether they carry DL or not is a matter of concern for insuarace company and ownwer of the bike who shall bear the compensation amount from the court. my suggestion is to you first inquire whether any compliant was lodged against you or not or going to be ? for more local support contact and hire any good criminal local lawyer..

Need to get whether FiR stated charges against you ans/or if insurance claim persist which can be taken into account. In simple terms without DL death claim need to be claimed.

dear sir, as per your fact ,if there occurred an accident then it is chance there f i r because it is mendatory duty of the police to investigate every accident and what has written in f i r wether the person who died and who is riding have license or not it is very important fact . and will help you in motor accidental claim caseif decassed party legal representative approach to court ....so get the copy of f i r

Dear sir if there was no criminal proceeding against you and no charges heet filed against you u/s 279 and 304a of ipc then there is no chance of claim from you.

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