Procedure for filing a Motor Accident Claim

हिंदी में पढ़ें
June 20, 2019
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.

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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 of the police.

  • Repairs should be done only after permission is received.

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

THEFT CLAIM:

Insurance can be claimed against the loss of a stolen vehicle.

  • 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 when the need arises. This helps in understanding the documents required and procedure to be followed in case a claim arises.

  • At the time of making a claim, all requisite documents 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 instructions properly. 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 compensation arising 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 resides and shall 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.  The Claims Tribunal may, however, entertain the application after the expiry of the said period of six months, but not later than twelve months, if it is satisfied that the application was prevented by sufficient cause from making the application in time.

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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 jurisdiction can 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. 



 

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.


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User Reviews


4.8 - 25 reviews
N
LawRatoLawRatoLawRatoLawRatoLawRato

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

Nikita on Feb 26, 2020
D
LawRatoLawRatoLawRatoLawRatoLawRato

please share how to calculate claim?

Deepak on Feb 15, 2020
S
LawRatoLawRatoLawRatoLawRato

Insurance company not clearing my claim. What to do?

Srinivas on Feb 17, 2020
K
LawRatoLawRatoLawRatoLawRatoLawRato

need an insurance lawyer. Please refer

Kamal on Mar 20, 2020
P
LawRatoLawRatoLawRatoLawRatoLawRato

Is a police report necessary for filing a claim?

Preeti on Feb 20, 2020
P
LawRatoLawRatoLawRatoLawRato

nice one. Please share more info

Piyush on Feb 16, 2020
P
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who can I contact for my legal case?

Pratik on Feb 24, 2020
N
LawRatoLawRatoLawRatoLawRato

thanks for the legal advice

Narender on Mar 12, 2020
S
LawRatoLawRatoLawRatoLawRatoLawRato

needed a lawyer….what is the procedure?

Sagar on Feb 19, 2020
P
LawRatoLawRatoLawRatoLawRato

Gave me a very clear idea of the subject.

Pravin on Feb 29, 2020
D
LawRatoLawRatoLawRatoLawRato

thanks for the advice

Devendra on Feb 13, 2020
A
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great content. Thanks.

Ankit on Feb 10, 2020
A
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Very helpful in understanding the law.

Archana on Mar 21, 2020
R
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Nicely written article. Very comprehensive.

Ritu on Feb 28, 2020
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informative with the law.

Anand on Mar 05, 2020
V
LawRatoLawRatoLawRatoLawRato

good work

Vineet on Mar 02, 2020
S
LawRatoLawRatoLawRatoLawRato

Very informative and a good read as well.

Shilpi on Mar 04, 2020
S
LawRatoLawRatoLawRatoLawRato

good article. Very helpful

Simran on Feb 27, 2020
T
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Excellent work. Very helpful for understanding the subject.

Tanvi on Feb 27, 2020
R
LawRatoLawRatoLawRatoLawRato

needed legal advice…who to call

Richa on Mar 18, 2020
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needed legal help…whom shall I contact?

Surendra on Feb 29, 2020
R
LawRatoLawRatoLawRatoLawRato

It’s a very nice article.

Ravi on Mar 09, 2020
A
LawRatoLawRatoLawRatoLawRatoLawRato

nice article. Thanks for the information

Asha on Mar 16, 2020
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amazing article

Kiran on Mar 10, 2020
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Tells all the legalities about the subject. Good work.

Praveen on Mar 03, 2020

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