Is driver liable to pay compensation in case no insurance policy?


Is the driver of the offending vehicle liable to pay compensation in motor claim case where there is no insurance policy of the offending vehicle?

 

Answer

 

Under the MACT Act, ideally in case the vehicle is insured, the liability though rests upon the insurance company (in case there is no violation of the terms and conditions of the insurance policy), the owner and the driver of the vehicle jointly and severly, the insurance company is liable to indemnify the owner / insured of the vehicle.

 

In case there is no (valid) insurance of the offending vehicle, the owner and the driver are jointly and severly liable to pay the compensation to the victim and / or Legal Representatives of the victim, however, the victim's Legal Representatives can recover the amount from any of the two from whom it is recoverable.

 

It may be also noted that the owner of the offending vehicle being the principle, the first and the foremost liability stands from the owner of the offending vehicle to pay the compensation.

 


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 Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience
Advocate Shikhar Khare
Jangpura Extension, Delhi
6 years Experience
Advocate Bala Janaki
330 Thambuchetty Street, Chennai
34 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Motor Accident Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.


Related Articles


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Similar questions

I have met with an accident and have been trying to negotiate with the other party for settlement but he is insisting of charging me 25k but I have re…

Read More

My husband died in Car accident. Lawyer filed third party insurance claim in my and in laws name. He filed case in my name with husband's name and…

Read More

Sir they are drunked persons accidented my bike my head was injured surgery done to me with 2lakhs can i re file a case on them for getting complete h…

Read More

I hit a woman by accident on bike and she was declared dead after 5 days..the day I hit the lady, they kept me in jail for whole night and next.mornin…

Read More

Talk to a lawyer for your legal issue