If you are asking about India, a person injured in a road accident may be able to claim compensation from the person responsible for the accident and/or the vehicle’s insurer. The Motor Vehicles Act, 1988 provides for claims through the Motor Accident Claims Tribunal (MACT). (India Code)
How to claim compensation after a road accident
Report the accident to the police.
Obtain a copy of the FIR or accident-related police records. These documents can help establish how the accident occurred and who was involved.
Get proper medical treatment and preserve records.
Keep hospital bills, prescriptions, diagnostic reports, discharge summaries, medical certificates and records relating to any disability or continuing treatment.
Collect evidence of the accident.
Preserve photographs or videos of the accident scene, damaged vehicles, injuries, road conditions and any other relevant evidence. Details of eyewitnesses can also be useful.
Identify the vehicle and insurer.
Keep the registration number, driver's details, insurance information and other available documents relating to the vehicle involved.
File a compensation claim before the MACT.
Under Section 166 of the Motor Vehicles Act, a person who suffered injury can apply for compensation. In case of death, the legal representatives of the deceased can make a claim.
Claim appropriate losses and damages.
Depending on the circumstances, compensation may cover medical expenses, loss of income, future loss of earning capacity, disability-related expenses, pain and suffering, and other legally recognized losses. In fatal accidents, compensation may also be claimed by eligible dependants/legal representatives.
The Tribunal determines the compensation.
The MACT conducts an inquiry and determines the amount of compensation that appears to be just, specifying who is responsible for paying it, including the insurer, owner or driver as applicable. The Tribunal may also award interest. (India Code)
What documents should you keep?
- FIR/police accident report
- Medical records and hospital bills
- Prescription and diagnostic reports
- Disability certificate, if applicable
- Proof of income
- Employment or business records
- Vehicle registration and insurance details
- Driving licence details
- Photographs/videos of the accident and injuries
- Witness information
- Death certificate and legal-heir/dependency documents, in a fatal accident
There are also specific statutory provisions for hit-and-run accidents and compensation for death or grievous hurt, so the appropriate route can depend on the facts of the accident.
Important: The amount of compensation is not fixed in every accident. It depends on factors such as the nature and severity of the injuries, medical expenses, income, disability, age, dependency and other circumstances. Because limitation and procedural requirements can be important, consulting a motor-accident lawyer promptly is advisable.
