Motor Vehicle Accident Claim
A motor vehicle accident claim in India is a legal way of seeking compensation for any injury, death, or damage caused by a motor vehicle accident. A motor vehicle accident can involve any type of vehicle, such as a car, bike, bus, truck, or auto-rickshaw. A motor vehicle accident claim can be filed by the victim of the accident, or by the legal heirs of the deceased, or by the owner of the damaged property.
There are two types of motor vehicle accident claims in India: third-party claim and own damage claim. A third-party claim is when the victim of the accident claims compensation from the insurance company of the person who caused the accident. A third-party claim can cover medical expenses, loss of income, pain and suffering, and death compensation. A third-party claim is mandatory by law and every vehicle owner must have a third-party insurance policy.
An own damage claim is when the owner of the vehicle that was involved in the accident claims compensation from their own insurance company for the damage to their vehicle. An own damage claim can cover the cost of repair or replacement of the vehicle, depending on the extent of damage. An own damage claim is optional and the vehicle owner can choose to have a comprehensive insurance policy that covers both third-party and own damage claims.
The procedure for filing a motor vehicle accident claim in India is as follows :
- Inform the police and the insurance company about the accident as soon as possible. File a First Information Report (FIR) with the police, especially if there is any injury, death, or theft involved
- Collect the details of the other party involved in the accident, such as their name, address, contact number, vehicle number, and insurance policy number. Also, collect the details of any witnesses, if any
- Take pictures of the accident scene, the damage to the vehicles, and the injuries to the persons, if any. These can serve as evidence for the claim
- Submit the required documents to the insurance company, such as the FIR, the insurance policy, the driving license, the registration certificate, the medical bills, the repair bills, and the proof of income, if any.
- Get the vehicle repaired at an authorized workshop or garage, as per the instructions of the insurance company. The insurance company will appoint a surveyor to assess the damage and the claim amount.
- Receive the claim amount from the insurance company, either as a cashless settlement or as a reimbursement, depending on the terms and conditions of the policy.
The amount of compensation that can be claimed in a motor vehicle accident depends on various factors, such as the type and extent of injury, the degree of fault, the income and age of the victim, and the policy coverage. The minimum compensation for death in a motor vehicle accident is Rs. 50,000 and for permanent disablement is Rs. 25,000, as per the Central Motor Vehicles (Fifth Amendment) Rules, 2022 However, the actual compensation can be higher, depending on the case. The Motor Accident Claims Tribunal (MACT) is the authority that decides the compensation amount in case of any dispute or appeal.
A motor vehicle accident claim in India is a legal right of the victims of the accident to seek justice and relief for their losses and sufferings. A motor vehicle accident claim can help to recover the financial and emotional damages caused by the accident, and to hold the responsible party accountable for their negligence or wrongdoing.
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