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 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.

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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 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.



 

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User Reviews


4.9 - 23 reviews
R
LawRatoLawRatoLawRatoLawRato

please share how to calculate claim?

Ritika on Sep 17, 2021
S
LawRatoLawRatoLawRatoLawRato

need an insurance lawyer. Please refer

Sapna on Aug 27, 2021
B
LawRatoLawRatoLawRatoLawRatoLawRato

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

Bhushan on Aug 29, 2021
K
LawRatoLawRatoLawRatoLawRato

Is a police report necessary for filing a claim?

Krishan on Sep 06, 2021
J
LawRatoLawRatoLawRatoLawRato

Insurance company not clearing my claim. What to do?

Jagdish on Sep 13, 2021
K
LawRatoLawRatoLawRatoLawRatoLawRato

Very helpful in understanding the law.

Keshav on Aug 23, 2021
R
LawRatoLawRatoLawRatoLawRato

very nice article

Ritika on Sep 06, 2021
A
LawRatoLawRatoLawRatoLawRato

very helpful

Alok on Aug 20, 2021
V
LawRatoLawRatoLawRatoLawRatoLawRato

The writer has explained the law perfectly.

Vaibhav on Sep 06, 2021
R
LawRatoLawRatoLawRatoLawRato

Nice piece on the subject.

Rajeev on Sep 13, 2021
P
LawRatoLawRatoLawRatoLawRato

Nicely written article. Very comprehensive.

Piyush on Sep 01, 2021
S
LawRatoLawRatoLawRatoLawRato

Gave me a very clear idea of the subject.

Shailesh on Aug 30, 2021
S
LawRatoLawRatoLawRatoLawRato

learned all the basics about the legal issue. Good article. Keep it up.

Surender on Sep 20, 2021
M
LawRatoLawRatoLawRatoLawRato

nice legal article.

Madhavi on Sep 16, 2021
M
LawRatoLawRatoLawRatoLawRatoLawRato

very informative. Can you tell more about this

Manpreet on Aug 26, 2021
N
LawRatoLawRatoLawRatoLawRatoLawRato

A well written article.

Nidhi on Sep 11, 2021
L
LawRatoLawRatoLawRatoLawRatoLawRato

who can I contact for my legal case?

Laxmi on Aug 12, 2021
A
LawRatoLawRatoLawRatoLawRatoLawRato

nice article. Good legal advice

Abhishek on Sep 23, 2021
M
LawRatoLawRatoLawRatoLawRato

Nice one.

Monika on Sep 16, 2021
S
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needed a lawyer….what is the procedure?

Shivangi on Aug 30, 2021
R
LawRatoLawRatoLawRatoLawRato

nice artcile

Raghavendra on Aug 22, 2021
A
LawRatoLawRatoLawRatoLawRato

The article is written ver well. Learned a lot about my case through this.

Anurag on Sep 23, 2021
S
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I have legal query. Who can I call?

Shilpa on Sep 07, 2021

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