Procedure for filing a Motor Accident Claim

What is the Motor Vehicle Act?

The Motor Vehicles Act, 1988, is an important law that regulates aspects of road transportation in the nation. This law became effective on July 1, 1989. It replaced the Motor Vehicle Act of 1939 and 1914.

This Act introduced a specialised tribunal wherein people can apply for compensation directly with the tribunal without paying any court fee, making the process affordable and effective.

Additionally, the new Act of 2019 brought in huge changes and fines have been increased. To know more, visit LawRato's law guide which includes a comprehensive piece on the New Motor Vehicle Laws 2019 in simple language.

Also, if you have been stopped by a traffic police and are unaware of your rights, please read through the law guide, Everything related to Traffic Laws in India | Motor Accident Law Guide (lawrato.com) . For more help, you can also Talk to a Lawyer and get an instant response or can avail Free Legal Advice , with just easy clicks at LawRato .

What to do after an Accident?

After an accident, the local police shall register an F.I.R. either on a complaint or when they are witness to such an accident. You should capture photos or videos of the accident scene for evidence that can be given to the police later on by anyone.

Dial 100 to report the situation clearly because even this recorded call becomes evidence. Subsequently, the police must register an FIR, conduct an investigation, and file charges against the accused. Thereafter, the judicial process follows.

The need for an Advocate is inevitable in such cases to get you through the legal complexities, including seeking proper compensation, which are addressed through the Motor Accident Claim Tribunal (or MACT).

You can find the Advocate who is best suited to you from the top-ranking Motor Accident lawyers/ Advocates from across the country.

However, for the purpose of an insurance claim, you must start by informing the insurance company promptly. Do not move the vehicle without police permission. Wait for approval before proceeding with repairs. For cashless service, the insurance company will directly pay the workshop.

What claims Tribunals can Award?

The Claims Tribunal determines a fair compensation amount after a thorough inquiry and hearing of both the parties involved. It specifies the payment details and can request the insurer, driver, or owner to pay. The tribunal must provide a copy of the award within fifteen days. The responsible party must pay the compensation within thirty days, or the tribunal can involve the collector for recovery, treating it like an arrear of land revenue. Section 171 empowers the tribunal to demand interest along with compensation from the claim date at a rate it deems suitable.

Who can claim compensation in Motor Accident Cases?

Under Section 165, one can file a compensation claim if you are:

1. The injured person

2. The property owner where a motor accident resulted in someone's death

3. The legal representative of the deceased

4. An authorized agent of the injured person or the deceased's legal representative.

In case of an accident resulting in the victim's death, then the legal representatives of the deceased have to be made a part of the application.

Where should one claim compensation for a Motor Accident?

Claimants have specific options for filing compensation claims in India. They can choose a tribunal based on the accident location, claimant's residence, claimant's business location, or defendant's residence. This provides flexibility and convenience for pursuing compensation claims.

Illustration: Let us understand this with the help of a scenario. If Rahul, a resident of Mumbai, meets with a road accident while visiting Bangalore, he will have options for claiming compensation by applying at the Claims Tribunal where the accident occurred, or Bangalore in this case, or choose the nearest tribunal in Mumbai where he resides or conducts business. Rahul, who can choose a lawyer for consultation in Banglore from LawRato's network of verified lawyers, will be advised accordingly.

Limitation on Motor Accident Claim

To seek compensation, ensure your application is submitted within six months of the accident. In exceptional cases, the Claims Tribunal may consider applications up to twelve months later, provided there is a valid reason for the delay in filing. It is necessary to adhere to these timelines for a smooth process.

Types of Claims

As we got to know the claim in case of motor vehicle accident is based on various eventualities. Therefore, there are certain types of claims classified on the basis of motor vehicle accidents depending upon the damage and the claimant.

1. Motor Insurance Claim: A motor insurance claim can cover two types of injuries. First, there is Third Party Damage or, to put it simply, damage to others. This involves injury or property damage to a third party. The second is damage to oneself. This covers your damaged vehicle. If you have a package or comprehensive policy, you might be eligible for the “ own damage claim” .

2. Third-Party Claim: In a situation where your vehicle is involved in an accident with a third party, it is necessary for you to report it to both, the police and the insurance company. If you are the injured party, obtain the insurance details of the responsible vehicle and inform their insurer about your losses.

3. Own Damage Claim: As discussed earlier, if your policy allows you to “ own damage claim” then you must inform the insurance company and, if necessary, the police right away, if your vehicle is damaged in an accident. This allows them to send a surveyor to assess the extent of the damage.

4. Theft Claim: Similar to all the above cases, report it to the police and your insurance company if your vehicle is stolen. Inform the transport department too. Read your policy documents upon receipt to understand the required documents and claim procedure. When making a claim, submit all necessary documents along with the filled insurance form. Note that specific requirements exist for each claim type, such as surrendering keys for a stolen car.

How can a Lawyer from LawRato help you get a Motor Accident Claim?

Whether due to personal actions or others' negligence, individuals often face the consequences of road accidents. Unfortunately, this impact is not only limited to the damage/ injuries incurred due to the accident, but it also includes the lethargic process to claim damages.

In such scenarios, you must consider hiring a good Motor Accidents Lawyer/Advocates from the network of lawyers at LawRato who can assist with immediate needs like medical care, legal guidance, and gathering essential information. They are also well-equipped with the necessary skills to negotiate a fair settlement for you. However, an advocate's role is to always work in your interest and get you the best compensation to cover your medical expenses, property damage, lost income, pain, and other losses.

You must probably know all these aspects and must be already looking for the best motor accident lawyers/ advocates in your city. To assist you in such tiresome times, LawRato has a comprehensive list of top-ranking lawyers/ advocates, specialising in all fields, including Motor Accidents , practising in 700 cities and 3000 courts across India.

FAQs

Q1. Who can claim compensation?

Injured person, property owner, legal representative of the deceased, or an authorized agent can file a claim under Section 165.

Q2. Can I claim compensation for a stolen vehicle?

Yes, report the theft to the police and your insurance company. Specific requirements exist for theft claims, including surrendering keys and providing necessary documents.

Q3. Can interest be demanded along with compensation?

Yes, Section 171 empowers the tribunal to demand interest along with compensation from the claim date.

Q4. Can I claim compensation if the accident occurred due to poor road conditions?

Yes, compensation can be claimed if the accident was due to poor road conditions. The responsible party may include relevant authorities responsible for road maintenance.

Q5. What is the fine for using a mobile phone while driving in Bangalore?

The fine for driving any vehicle while using a mobile phone is Rs. 1,000.00. For more information, you can refer Bangalore Traffic violation Fines and Online payment | Motor Accident Law Guide (lawrato.com)

Advocate Chikirsha Mohanty

4.0 | 2+ user ratings Greater Kailash - 1, Delhi
5 years

GET LEGAL HELP

GET LEGAL HELP

Googling your legal issue online?

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

TALK TO A LAWYER