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Aftermath of a Road Accident

We list down below matters to be noted in the aftermath of a road accident:

Without moving your car and the other vehicle, take photos from your mobile phone showing the position of both vehicles. Photograph the damage to the vehicles and try to show the registration numbers of vehicles in the photos.

The vehicles may be moved to the road shoulder, so that traffic does not get blocked. Call the Police immediately.

If the driver of the other vehicle is seen to be fleeing from the scene, do not fail to note down it’s registration number.

Do not succumb to road rage and at no time attack the offending vehicle or person.

In case of a physical injury to any pedestrian or to any person in your vehicle or the other vehicle, transport them to the nearest Hospital immediately, without wasting any time at the accident spot.

If the Police do not arrive at the accident spot soon, both the vehicles (or your car only, if the other vehicle has fled) should go over to the Police Station under whose jurisdiction the accident spot falls.

Explain full details of the accident to the Police at the accident spot or at the Police station, as the case may be. Collect a copy of the FIR.

In a clear-cut situation, the FIR may state as to which vehicle is responsible for the accident. In such an event, the offending vehicle’s owner or his/her insurer would have to bear the cost of repairing the damage caused to your vehicle.

Even in a case of the other vehicle being at fault, you have an option of filing a claim with your insurance company, but that will result in yourself forfeiting the no-claim bonus for that year. If damage to your vehicle is minor you also have the option to get the repair done on your own, without involving your insurer.

You may file a case with Motor Accident Tribunal (MAT) who may award damages to you, if the case is proven in your favour.

MAT may award compensation to heirs of a dead accident victim based on 50% of earnings in residual life but age and other factors are also taken into consideration by MAT. Further, this applies if MAT holds that the deceased was not at fault.

However, if a death occurs on the road due to an error or mistake on the part of the deceased, MAT will restrict compensation payable to the deceased's heirs to Rs 50,000.

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