How to File a Claim for Insurance after an Accident in India?

Accidents can happen to anyone. Even if one is driving safely and ensuring that all traffic rules are followed, unavoidable mishaps can take place.

In such scenarios, it is crucial to stay calm, keep everyone safe and follow the proper steps so that your insurance claim goes smoothly.

Here’s a simple guide to help you through the process.

How does Car Insurance Work? Is it Required?

In an accident, if your vehicle gets damaged, you will have to get the damages repaired. If car insurance is not acquired by you, you will have to pay out of your own pocket for the required repairs. However, if you already have comprehensive motor insurance, the expense of repair will be covered by your insurance policy. 

Similarly, if you have third party car insurance, the policy will cover the damages and / or liabilities that arise from the accident, where your car has caused injuries to a third-party or damage to a third-party vehicle. 
 

Consult top-rated Motor Accident lawyers in your city

641+ Lawyers are online

FIND MY LAWYER NOW

Claiming Compensation & Damages ; An Overview

You may be eligible for 2 types of claim, based on the nature of the accident and your insurance policy.

A. Own Damage Claim

Covers the damages caused to your car. With comprehensive insurance, in order to raise a claim for damages to your vehicle, the process involves:

• Informing the insurance company about the accident.

• Filing of FIR

• Submission of Documents

• Inspection by surveyor and settling of claim, along with fixing of car. 
   

B. Third-Party Claim

Covers damages to motor vehicles or injuries caused by or to a third party. In such cases, a claim for medical expenses due to personal injury or property damage can be raised. No limit has been set on the liability cover for injury or death, however, the cover for damages to 3rd party property is up to 7.5 Lakh rupees.

The Motor Claims Tribunal will decide the compensation amount for damages and injuries, after completion of the due process, if required. It is recommended to  hire a lawyer  while dealing with matters at the Motor Claims Tribunal. 

If in case your car / motorbike / vehicle has caused damages to a 3rd party car or injured a 3rd party, your insurance company would have to compensate for the damages or loss.

The process (in both scenarios) involves:

• Informing the third party’s insurance company as well as your insurance company about the accident within the stipulated time period.

• Filing of FIR

• Submission of Documents

• Decision of compensation by Motor Claims Tribunal in case of major accident.
   

Procedure to Claim Car Insurance

1. Send Information to your Insurance Company

First, call your insurance company as soon as possible and share all details regarding the accident and the damage. Ensure you don’t hold anything back as that might complicate things during the claim process.

2. File an FIR (if required)

If the accident involves serious damage, injuries, theft, or a 3rd party, inform the police immediately. You might head to the local police station and file an FIR. For minor accidents, you might not need to file one, however, it's best to double check with the insurer. Take the help of a lawyer , if need be.

3. Take Photos

Take clear photos of the damage, the accident spot, injuries, etc. These pictures would be crucial evidence for the claim.

4. Submit Documents

You’ll be required to submit documents such as your insurance policy, driving license, RC, FIR, and claim form. Once everything is handed over to the insurance company, the insurer will proceed with the claim process.

5. Repair your Car

You can either get your car repaired at a garage by yourself or ask the insurance company to get the car fixed. If your claim is approved, the insurer will either reimburse you or compensate for the loss accordingly. Make sure you keep all the repair bills and payment receipts for the insurer. 
 

In case of Car Theft

If your car has been stolen, you must file an FIR immediately. Submit the required documents as stated above and let the insurer proceed. If the police cannot recover your car, they will issue a “non-traceable certificate”. This certificate will be used by the insurer to settle the claim.
 

Procedure to Claim Compensation for Injury in Accident

If injury or death has been caused in an accident, an application must be made within 6 months of the accident. The right to claim compensation also remains with the legal representatives (family, relatives, etc.) of the injured or dead person. 

After collecting relevant information (names/contact details) of all the parties involved, you must contact the insurance company and file a claim. The insurance company will investigate the matter and determine its approval. In case of serious accidents, the Police should be involved. The matter gets complicated when the FIR is filed and therefore, it is also essential to consult a lawyer in such scenarios. 

In order to quantify the loss and calculate the compensation amount, ensure that all medical receipts, including doctor’s prescriptions, chemist receipts, hospital bills, etc., are kept by you.  
 

Documents You Will Need

• Copy of your car insurance policy

• FIR (if required)

• Your driving license

• Car registration certificate (RC)

• Claim form (duly filled and signed)

• Original repair bills and receipts (for reimbursement claims)

• Medical receipts (if there were injuries)
   

Here's what NOT to do after an Accident

• Don’t Run Away from the Scene : Stick around as running away and leaving the scene will make things worse for you legally and might also invalidate the claim.

• Don’t Avoid Filing the Claim: There’s a reason why your insurance exists. Make use of it. If you delay or avoid filing the claim, you might end up missing the window to do so.

• Don’t Engage in Road Rage: Stay calm and avoid getting into any argument or fight. A calm and composed approach can save you from unnecessary stress.
  
   

Always Remember

• To inform your insurance company of the accident within 24 hours.

• To inform the Police and get an FIR registered, if required.

• To decide whether it's worth filing a claim for minor damages, taking into account the advantages that the No Claim Bonus provides.

• To fill out all details and forms accurately.

• To avoid making settlements with 3rd parties on the spot.

• To consult a motor accident lawyer, to be guided in the right direction, especially if the accident is a major one and if the matter is reaching the Motor Accident Claims Tribunal.

Accidents are stressful, but the outcome does not have to be. Stick to the legal protocols and  take advice from a lawyer , which will help your insurer process the claim and compensation faster.

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

GET LEGAL HELP

GET LEGAL HELP