civil
Motor Accident / Road Accident Claim
You or a family member has been injured in a road accident and you want to claim compensation from the insurance company or the driver.
- 01Ensure medical treatment — rush to nearest hospital
- 02Call 112 (Emergency) and 108 (Ambulance)
- 03File FIR at the nearest police station
- 04Note down vehicle number, driver details, and insurance details
- 05Take photos of accident scene, vehicles, injuries
- 06Get details of eyewitnesses
- 07Inform insurance company about the accident
- 08Keep all medical bills and treatment records
- FIR copy
- Medical records and bills
- Photos of accident scene and vehicle damage
- Vehicle registration and insurance details
- Driver's licence details
- Eyewitness statements
- Income proof (for loss of earnings claim)
- Disability certificate (if permanent injury)
- MACT claim petition
- FIR copy and charge sheet
- Medical records and bills
- Income proof (salary slips, ITR)
- Age proof
- Photos of injuries and accident scene
- Vehicle documents of offending vehicle
- Insurance policy details
- Motor Accident Claims Tribunal (MACT)
- Police Station — For FIR
- Insurance Company — Claim intimation
- District Legal Services Authority — For free legal aid
- Consumer Court — Against insurance company for claim delay
- Motor Vehicles Act — Section 166 (Application for compensation)
- Motor Vehicles Act — Section 164 (No-fault compensation)
- Motor Vehicles Act — Section 161 (Hit and run compensation)
- Motor Vehicles Act — Section 146 (Mandatory insurance)
- BNS Section 106 — Causing death by negligence
- BNS Section 125 — Rash and negligent act
The Motor Vehicles Act provides compensation for victims of road accidents. Claims can be filed before the Motor Accident Claims Tribunal (MACT). Under the 'no fault' principle, victims can get up to Rs. 5 lakh without proving negligence. For higher amounts, you need to prove the driver's negligence. Hit-and-run victims can claim from the Solatium Fund. The claim must be filed within 6 months of the accident (extendable by the Tribunal).
When to see a lawyer
Consult a lawyer to file the MACT claim, determine the correct compensation amount, and handle proceedings against the insurance company. Many lawyers work on a no-win-no-fee basis for accident cases.