Road accidents could be caused suddenly as no one would expect them to take place, but after an accident is caused as a reason for a state of extreme panic or adrenaline rush, people are mostly not in a state to handle the situation properly, hence affecting their claims. Thus, it is important for an individual to be aware of his or her rights so as to protect them. However, in some situations, even after being aware of one’s rights, an individual may not be able to treat the whole situation calmly, also the legal process involved with the insurance process must also be dealt with in a calm manner, so as to ensure that no mistake is committed. It, thus, becomes important to have an experienced insurance lawyer represent your case and assist you with the whole process after a road accident.
Mentioned below are some of the scenarios which could help you have an understanding of the steps or precautions you could take during or after a car accident
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What if the car accident has been caused by you
In such condition, if you are charged for causing the car accident on the road, steps discussed below must be followed-
- Medical treatment has to be taken immediately in case any casualty has been suffered.
- You would have to inform the police about the accident immediately.
- Your insurer has to be informed as early as possible, provide them with the required details related to the accident
- Also, the pictures of the accident site have to be taken immediately and must be handed over to the insurance company.
- A complaint would have to be filed by you to the SP against any FIR which has been filed against your vehicle previously
In the event that you drove recklessly, an arrest would be carried out by the police. As can be understood from the points discussed above, it will be helpful if you are represented by an experienced advocate near you, so that you could deal with any negative situation.
What if you are a victim of a car accident
It is absolutely important for you to first and foremost seek emergency medical treatment from a nearby hospital, before you deal with any legality. If there is a case of a road accident, the attending doctor will report the accident to the nearest police station after dealing with the primary treatment for any injuries caused.
After an accident has been caused, options discussed below are available to you
- An FIR could be filed so as to-
- Get a third-party claim (any other victim of the road accident other than the owner or driver of the vehicles involved in an accident).
- If an injury has been caused or a loss of any life has occurred
- An application is required to be filed with the Motor Accident Claims Tribunal, so as to claim monetary compensation. No limit has been applied for car accident claims (motor vehicles accident claims), without causing any unnecessary delay.
- In case you are able to do the following-
- It would be helpful and thus important that you take down the information of the vehicle or of driver who caused the accident
- Detailed and clear photos including the videos (if possible) of the injuries caused must be taken, as well as those of the damages which have been caused to the vehicles (if any), of the accident site, etc
- Also, it is necessary that you inform the insurance company immediately.
Conclusion
In conclusion, it is important that you remember that the vehicles which are involved in a road accident would have to be kept in the custody of the police during a court case, the respective vehicle will be released only after the case gets closed. Also, you will have to get a clearance certificate from the RTO, which would then be presented before the police so as to get the vehicle released. As can be deduced from the above discussion, in case an accident takes place, it will be favourable for you to talk to a lawyer during the entire procedure, in order to make minimum mistakes.
In case you wish to ask a legal question or wish to seek free legal advice online or are looking for an experienced advocate to represent your case after the car accident, you may contact us at Lead India.
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