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Your rights

What to do after a hit-and-run accident?

Short answer

Note the vehicle number, rush the victim to hospital, call 112/108, file FIR immediately, and claim compensation from the Motor Accident Claims Tribunal (MACT).

Understanding the issue

After a hit-and-run accident: Immediate steps: 1) If you are a bystander, rush the victim to the nearest hospital — the Supreme Court (SaveLife Foundation judgment) has ruled that Good Samaritans cannot be harassed by police or hospitals. 2) Call 112 (police emergency) and 108 (ambulance). 3) Try to note the vehicle number, color, type, and direction it went. Ask bystanders/shops for CCTV footage. 4) File an FIR at the nearest police station immediately — any police station must accept your Zero FIR. For compensation: Even if the vehicle is not identified, the victim or family can claim compensation from the Solatium Fund (managed by MACT) under Motor Vehicles Act Section 161. For identified vehicles — file a claim before the Motor Accident Claims Tribunal under Section 166 for full compensation (medical expenses, loss of earning, pain and suffering). The claim must be filed within 6 months (extendable by Tribunal). Under the hit-and-run scheme, minimum compensation is Rs 50,000 for injury and Rs 2 lakh for death (amounts are periodically revised).

Laws that apply

  • Motor Vehicles Act — Section 161 (Hit and run compensation)
  • Motor Vehicles Act — Section 166 (Application for compensation)
  • BNS Section 106 — Causing death by negligence
  • BNS Section 281 — Rash driving on public way
  • SaveLife Foundation v. Union of India (2016) — Good Samaritan guidelines