How To File A Motor Accident Claim And Seek Compensation?

Motor accidents are unfortunate accidents. Such happenings can also lead to extensive physical, financial, and emotional distress. In India, with the increase in the number of vehicles on roads, accidents have become a frequent phenomenon. To fully comprehend the rights and the procedure for claiming compensation of the victim-whether the victim is a driver, passenger or pedestrian, his or her rights are to be understood after an incident of this kind.

Filing a Motor Accident Claim: Steps to Follow

Step 1: Collect Evidence

The very first thing that should be done following an accident is to secure evidence in the mass through the acquisition of evidence that one event might bring in case the other party is to blame for the accident. The following types of evidence are important parts of the overall evidence criteria:

• Photographs: Photographs of the accident site, damage on a vehicle, and visible injury photos are all included. 
• Medical Records: Copies of bills for all treatments, prescriptions, and reports from the hospitals or doctors themselves should be preserved. 
• Witness Statements: Make up the list of contacts of witnesses who could verify your side of the story as one who suffered the accident. 
• Police Report: After an accident, always file a report with the police. The FIR (First Information Report) will usually be very important while filing a claim.

Step 2: File a Police Report

As per Indian law, a police report must be maintain when an accident causes either an injury or death. Police shall then record the accident in an FIR based on how it has happened, to be part of the claim. Immediately filing such a report is ideal after an accident to help establish the facts about what happened. When it’s the police that don’t file the FIR, it slows down any legal processing and validity to the whole claim.

Step 3: Notify the Insurance Company

• If you are the owner or driver of the vehicle that has been involve in the accident, the next step would be to inform your insurance company. Most insurance policies require informing the insurer about the accident within a specific period (usually 24-48 hours). If you do not adhere to this, your claim might get reject.
• Provide the insurer with all the corroborative materials you have gathered such as photographs, FIRs, and accident details. The insurance company will send an investigator to assess the damage according to the specifics outlined in their report. 

Step 4: Filing a Claim with the Motor Accident Claims Tribunal (MACT)

The claim for compensation under the Motor Vehicles Act, 1988 can be make by an injure person or by a legal heir of a decease victim if serious injuries or death have occur due to the accident, if it is such a runaway accident, or if it concerns an uninsure vehicle.

Do the following to submit the case to the Motor Accident Claims Tribunal:

• Jurisdiction: You need to file the claim in the respective MACT jurisdiction where the accident has occurred or where the defendant resides. This will make sure that your case is put up in the correct court.
• Required Document: These include:
• Police FIR and report
• Medical bills and documents detailing treatment
• Registration documents for the vehicle
• Insurance policy documents
• Witness statements
• Death certificate (in case applicable)
• Filing a Petition: You have two options for filing the petition: yourself or through an attorney. You do not have to hire a lawyer if you opt to file the petition yourself. However, you should seek expert legal advice if you face a complicated matter. A petition will contain details about the incident, injuries, and compensation claimed.
• Compensation Calculation: The tribunal estimates the whole amount of compensation that it would award considering the severity of injuries sustained, present and future medical expenses, loss of income, and the degree of permanent disablement, if any. It also takes into account the aspect of negligence on the part of the driver and the effect the injury has on the quality of life for the victim.

Step 5: Court Proceedings

• After the filing of the claim petition, the proceedings of the Motor Accident Claims Tribunal will commence. At the trial, both the claimant and the respondent, who could be the insurance company or the owner of the vehicle, will present their evidence, call their witnesses, and submit medical reports.
• The tribunal sets out speedily to dispose of a case that, depending on the nature, may be conclude in several months or extend for a few years. After hearing both parties, the MACT will pronounce its judgment and fix the compensation amount.

Step 6: Claim of Compensation

• Once the compensation is award by the tribunal, payment is either make by an insurance company or by the concerned party. Where the liable party has no insurance coverage, they will pay the award amount directly. In some cases, the victim can claim that amount directly from the insurance company, especially in cases of third-party liability due to the accident.
• If the claimant fails to recover his amount from either the insurance company or the concerned party, he may file an execution proceeding before the courts for the execution of the orders of the tribunal.

Compensation for Motor Accident: Types

In India, the claims that can be make after a motor vehicle accident fall under two categories:

• Insurance Claim: This would be to the insurance company with which the vehicle is cover for damages sustain by it, medical expenses, and third-party liability.
• Compensation Claim Under the Motor Vehicles Act 1988: If you are a victim (injure party or a legal heir of the decease victim), an application for compensation can be make under the Motor Vehicles Act (1988). This is a separate process from insurance claims, and involves third-party litigation with Motor Accident Claims Tribunal (MACT).

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