LawRato

Procedure for filing a Motor Accident Claim

हिंदी में पढ़ें
June 27, 2022
By Advocate Chikirsha Mohanty





MOTOR INSURANCE CLAIM:

A claim under a motor insurance policy could be for either of the two injuries:

  • DAMAGE TO OTHER, which includes injury or damage to property related to someone else. This person is called the “third party”;

  • DAMAGE TO SELF, which includes damage to a person’s own insured vehicle. This is called “own damage claim” and one is entitled to it if they are holding a package or a comprehensive policy.

    Connect with an expert lawyer for your legal issue



THIRD PARTY CLAIM:

In a third party claim where a person’s vehicle is involved, it is imperative to report the accident immediately to the police authorities as well as the insurance company. However, for a third party who has suffered loss because of someone else’s vehicle, the injured party must obtain the insurance details of the vehicle and make an intimation to the insurer of that vehicle.



OWN DAMAGE CLAIM:

In the event of an own damage claim, which is where the person's own vehicle is damaged due to an accident, the person must immediately inform theinsurance company and police, wherever required, to enable them to depute a surveyor to assess the loss.



THINGS TO DO/NOT DO:

  • Intimate the insurance company immediately.

  • The person should not attempt to move the vehicle from the spot of the accident without the permission ofthe police.

  • Repairs should be done only after permission is received.

  • In case of cashless service,the insurancecompany will pay the workshop directly.



THEFT CLAIM:

Insurance can be claimed againstthe lossofa stolenvehicle.

  • One must inform the police and the insurance company immediately in case the vehicle is stolen while in insurance.

  • Transport department should also be informed.

  • Policy Documents should be read as soon as received and not whenthe needarises. This helps in understanding the documents required and procedure to be followed in case a claim arises.

  • At the time of making a claim, allrequisitedocuments should be submitted along with the duly filled insurance form.

  • There may be special requirements for every kind of claim. Care must be taken to follow the instructionsproperly. Eg. Surrendering the keys in case of a stolen car.



PROCEDURE FOR FILING AN APPLICATION FOR COMPENSATION IN MOTOR ACCIDENTS CLAIMS TRIBUNAL



WHO MAY APPLY:

An application for compensationarising out of an accident under Section 166 of Motor Vehicles Act, 1988 may be made:-

  • By the person who has sustained the injury, or

  • By the owner of the property, or

  • Where the death has resulted from the accident, by the legal representative/s of the deceased, or

  • By any agent duly authorized by the person injured.

    Consult:Top Motor Accident Lawyers in India

When Legal Representatives of the Deceased are not joined in the application

  • The application shall be made on behalf of or for the benefit of all the legal representatives of the deceased;

  • The legal representatives, who have not so joined, shall be impleaded as respondents to the application.



JURISDICTION:

Every application for compensation arising out of an accident involving death or bodily injury shall be made, at the option of the claimant:

  • Either to the Claims Tribunal having jurisdiction over the area in which the accident occurred, or

  • To the claims tribunal within the local limits of whose jurisdiction the defendant residesandshall be, in such form and contain such particulars as may be prescribed.



LIMITATION:

The application for compensation must be made within six months of the occurrence of the accident. TheClaimsTribunal may, however, entertain the application after the expiry of the said period of six months, but not later than twelvemonths,if it is satisfied that the application was prevented by sufficient cause from making the application in time.

Connect with an expert lawyer for your legal issue



SUPPLY OF INFORMATION:

Sec. 158 (6) introduced by the Act states that as soon as any information regarding any accident involving death or bodily injury to any person is recorded or report is completed by a police officer, the officer in charge of the police station shall forward a copy of the same within thirty days from the date of recording of information or as the case may be, and on completion of such report the Claims Tribunal having jurisdictioncan provide copy thereof to the concerned insurer.

Where a copy is made available to the owner, the owner shall also within thirty days of receipt of such report, forward the same to the claims Tribunal and his insurer.



 

Comments by Users


varinder singh
mujhe truck ne mara hai meri ek leg cut gayi to mere pass driving license hona jruri hai case file krne ke liye

These guides are not legal advice, nor a substitute for a lawyer
These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Motor Accident Lawyers


Advocate Rajeev Nigam
Kanpur Nagar , Kanpur
28 years Experience
Advocate H Gouri Shankar
Banjara Hills , Hyderabad
26 years Experience
Advocate Bala Janaki
330 Thambuchetty Street , Chennai
37 years Experience
Advocate Ravi Jadhav
Koregaon Park , Pune
14 years Experience

Related Articles


Connect with top Motor Accident lawyers for your specific issue

Motor Accident Law Articles


All You Need to Know About the New Motor Vehicle Laws 2019

Everything related to Traffic Laws in India

Hyderabad Traffic Fines and Challan Payment

Kolkata Traffic Fines and Challan Payment

User Reviews


LawRato LawRato LawRato LawRato LawRato 4.8 - 24 reviews
M
LawRatoLawRatoLawRatoLawRatoLawRato

Is a police report necessary for filing a claim?

Madhuri on Jun 23, 2022
G
LawRatoLawRatoLawRatoLawRatoLawRato

Insurance company not clearing my claim. What to do?

Gautam on May 22, 2022
A
LawRatoLawRatoLawRatoLawRatoLawRato

please share how to calculate claim?

Avinash on May 27, 2022
B
LawRatoLawRatoLawRatoLawRatoLawRato

Thanks for info. Can you share more about filing a claim?

Brijesh on May 20, 2022
J
LawRatoLawRatoLawRatoLawRatoLawRato

need an insurance lawyer. Please refer

Jyoti on Jun 13, 2022
S
LawRatoLawRatoLawRatoLawRatoLawRato

informative

Shraddha on Jun 11, 2022
N
LawRatoLawRatoLawRatoLawRatoLawRato

I want to know more about this law. Good work

Neeraj on May 25, 2022
K
LawRatoLawRatoLawRatoLawRatoLawRato

Excellent work. Very helpful for understanding the subject.

Kartik on Jun 05, 2022
A
LawRatoLawRatoLawRatoLawRato

Nice piece on the subject.

Anil on Jun 26, 2022
N
LawRatoLawRatoLawRatoLawRatoLawRato

nice one. Please share more info

Nitin on Jun 11, 2022
J
LawRatoLawRatoLawRatoLawRato

Tells all the legalities about the subject. Good work.

Jitendra on May 25, 2022
V
LawRatoLawRatoLawRatoLawRatoLawRato

Written in a very simple language.

Vikrant on May 25, 2022
S
LawRatoLawRatoLawRatoLawRato

Gave me a very clear idea of the subject.

Sameer on Jun 07, 2022
D
LawRatoLawRatoLawRatoLawRatoLawRato

Very nice article.

Deep on May 27, 2022
V
LawRatoLawRatoLawRatoLawRatoLawRato

good work. Keep it up

Vikram on Jun 05, 2022
M
LawRatoLawRatoLawRatoLawRato

loved the way concept is explained. Nicely written for any layman to understand.

Mohan on May 28, 2022
P
LawRatoLawRatoLawRatoLawRatoLawRato

good legal subject

Payal on Jun 12, 2022
R
LawRatoLawRatoLawRatoLawRatoLawRato

Nicely written article. Very comprehensive.

Raju on Jun 07, 2022
A
LawRatoLawRatoLawRatoLawRato

good article. Can you give some more detail on the issue.

Asha on May 31, 2022
S
LawRatoLawRatoLawRatoLawRato

great content. Thanks.

Sourabh on Jun 12, 2022
M
LawRatoLawRatoLawRatoLawRatoLawRato

good article and easy to understand

Mayur on May 31, 2022
A
LawRatoLawRatoLawRatoLawRato

thanks for the information

Aparna on May 22, 2022
S
LawRatoLawRatoLawRatoLawRatoLawRato

very good article. Please provide more information on the subject

Simran on Jun 29, 2022
S
LawRatoLawRatoLawRatoLawRato

nice legal article.

Shivam on Jun 21, 2022

VIEW ALL