How to Handle or Manage a Road Accident or If Someone Hits Your Vehicle

How to Handle or Manage a Road Accident or If Someone Hits Your Vehicle

How to Handle or Manage a Road Accident or If Someone Hits Your Vehicle. (Legal Tips & tricks by Advocate Jai Prakash)

Being involved in or witnessing a road accident can be stressful. Knowing the correct steps to take not only ensures your safety but also protects your legal and insurance rights. Below is a step-by-step guide tailored for Indian road laws and includes key legal information related to MACT (Motor Accident Claims Tribunal).

  IMMEDIATE ACTION AFTER AN ACCIDENT

1. Ensure Safety First

• Stop your vehicle immediately. Do not flee the scene—it’s a criminal offense under Section 134 of the Motor Vehicles Act, 1988.
• Switch on your hazard lights.
• If possible, move to the side of the road to avoid further accidents.
• Check if you or others are injured.

2. Call for Emergency Help

• Dial 112 for police or 108/102 emergency number for an ambulance.
• Do not move seriously injured persons unless there is a danger (like fire).
• Wait for the police to arrive unless it’s a minor accident and both parties agree to resolve it amicably.

 GATHER EVIDENCE AT THE SCENE

3. Document the Accident Thoroughly

• Take clear photos or videos of:
• Vehicle damage
• Injuries (if any)
• Road signs, traffic lights, skid marks
• Vehicle number plates
• Note down:
• Time, date, and location
• Weather and road conditions

4. Exchange Information

Collect the following from the other driver:

• Name, address, and phone number
• Vehicle registration number
• Driving license details
• Insurance policy number and insurer's contact

If there are witnesses, request their names and contact numbers. Their testimony may be crucial for claims or in legal proceedings.

 POLICE & LEGAL PROCEDURE

5. File a Police Complaint (FIR)

• Go to the nearest police station or request an officer on-site.
• In case of injury or death, filing an FIR is mandatory under Indian law.
• For minor accidents, a General Diary (GD) entry may suffice.
• Obtain a copy of the FIR, as it is essential for:
• Filing an insurance claim
• Submitting a petition before MACT

6. Do Not Admit Fault

• Stick to the facts. Do not say “sorry” or admit guilt.
• Responsibility is determined based on evidence and investigation.

 INSURANCE CLAIMS PROCESS

7. Inform Your Insurance Company Immediately

• Most insurers require you to report within 24–48 hours.
• Provide:
• FIR copy
• Driving license
• Vehicle RC (registration certificate)
• Photographs and other proof

Surveyor Inspection: The insurance company will appoint a surveyor to assess the damage.

⚖️ MACT: Legal Recourse After an Accident

The Motor Accident Claims Tribunal (MACT) is a specialized court in India that handles claims related to road accidents, especially when injuries or fatalities are involved.

 Who Can File a Claim Before MACT?

• The injured person
• Legal representatives of a deceased person
• Property owner (in case of vehicle/property damage)

 Types of MACT Claims

1. Compensation for Personal Injury
2. Death Claims (by dependents)
3. Third-party property damage
4. Hit-and-run compensation (as per Section 161 of MV Act)

 Documents Required for MACT

• FIR copy
• Post-mortem report (in case of death)
• Medical records and bills
• Driving license and RC
• Insurance policy copy
• Income proof of the deceased/injured

⚖️ Important Legal Provisions

• Section 166: Claim for compensation by the affected party.
• Section 140: No-fault liability—immediate compensation up to ₹50,000 for death and ₹25,000 for injury (without proving negligence).
• Section 163A: Structured compensation formula (for lower-income groups).
• Section 164 (2022 Amendment): Raised the no-fault compensation to ₹5 lakhs for death and ₹2.5 lakhs for grievous hurt.

⏳ Limitation Period

• Claim must be filed within 6 months of the accident. However, tribunals may accept delays if reasonable cause is shown.

✔️ Checklist Summary

Action	Description
✅ Ensure safety	Move vehicle if safe, check injuries
Call help	Dial 112 (Police) and 108/102 (Ambulance)
Take evidence	Photos, videos, witness info
File FIR	Mandatory for injury/death
Inform insurer	Within 24–48 hours
⚖️ File MACT claim	With the necessary documents if claiming compensation

 Additional Tips

• Install a dashcam to record any incidents for future evidence.
• Keep a basic first-aid kit and emergency contacts in your vehicle.
• Always carry a copy of your insurance, license, and RC in your car.

 ⚖️ How Shree Siddhivinayak Advocates & Co Helps in Road Accident and Vehicle Collision Cases

In the aftermath of a road accident or vehicle collision, navigating the legal and procedural landscape can be overwhelming—especially for victims or their families already dealing with trauma, injury, or financial distress. This is where Shree Siddhivinayak Advocates & Co steps in with compassionate, expert legal support.

 1. Immediate Legal Consultation & Guidance

Our team provides prompt legal advice right after an accident:

• What to say (and what not to say) at the accident scene.
• How to file an FIR and deal with the police.
• Guidance on protecting your rights and gathering proper evidence.

 2. FIR and Police Coordination

We assist in:

• Drafting and registering the First Information Report (FIR).
• Coordinating with the local police station for investigation updates.
• Ensuring accurate documentation to support your claim.

 3. Insurance Claim Assistance

Our advocates guide clients through:

• Filing claims with third-party or own-damage insurance.
• Liaising with insurance surveyors and adjusters.
• Ensuring timely and fair settlement of claims.
• Assisting in denied or disputed claims.

⚖️ 4. MACT Case Filing and Representation

We specialize in Motor Accident Claims Tribunal (MACT) matters, including:

• Filing compensation claims under Section 166 or Section 163A of the Motor Vehicles Act.
• Representing clients in MACT hearings to maximize compensation for:
• Medical expenses
• Loss of income
• Pain and suffering
• Permanent disability or death
• Pursuing claims under no-fault liability or hit-and-run provisions (Sections 140, 161, 164).

 5. Documentation & Evidence Collection

We assist in gathering and compiling all necessary documents, such as:

• Medical records
• Post-mortem and injury reports
• Witness affidavits
• CCTV footage, photos, and site reports

 6. Court Representation and Legal Strategy

Whether the case involves negligence, hit-and-run, or third-party liability, our experienced litigators prepare robust legal arguments and represent your interests in:

• MACT tribunals
• Consumer forums (for insurance disputes)
• Civil or criminal courts (in serious injury or death cases)

 7. Post-Compensation Support

After judgment or settlement, we assist with:

• Execution of the tribunal order
• Recovery of awarded compensation
• Appeals or reviews if the awarded amount is inadequate

Why Choose Shree Siddhivinayak Advocates & Co?

• ✅ Expertise in Accident & MACT Laws
• ✅ Transparent Fees & Client-Centric Approach
• ✅ Strong Track Record of Successful Compensation Claims
• ✅ Personalized Legal Strategy & On-Ground Support
• ✅ Available PAN India (Online & In-person Consultations)

If you or your loved one is affected by a road accident, don’t struggle alone. Let Shree Siddhivinayak Advocates & Co handle the legal complexities while you focus on recovery.

9717577450 Contact us today for a confidential consultation.