From legal steps to insurance hacks—this no-fluff guide could save your wallet and your life.
Why You Must Read This (Even If You Haven’t Had an Accident)
India sees over 4.6 lakh road accidents annually—most victims don’t know what to do legally or how to claim insurance the right way. Whether you’re a rider, driver, or pedestrian, this article will prepare you for that worst-case moment.
First 5 Minutes After the Crash: Your Legal Responsibility
Ensure Safety First
Move to a safe spot if possible. Switch on hazard lights. Help the injured if it’s safe.
Don’t Run—Even If It’s Minor
Under Section 134 of the Motor Vehicles Act, leaving the scene can lead to criminal charges. Wait for police.
Call the Police & Ambulance (Dial 112 / 108)
File an FIR on the spot—mandatory for major accidents or third-party injury/death. This FIR is key to legal and insurance proceedings.
Document Everything
Take photos/videos of:
Vehicle damage
License plates
Road and traffic signs
Injuries, if any
Eyewitness contact details
Filing an FIR: How and Why It Matters
Where: Nearest Police Station
What to File: First Information Report (FIR) with accident details
Why: This becomes your primary legal evidence and is mandatory for:
Insurance claims
Court proceedings
Third-party settlements
📌 Pro Tip: Always keep a copy of the FIR—don’t rely on verbal assurances.
Legal Rights You Must Know After an Accident
Right to Medical Help Without FIR
Under Good Samaritan Law, hospitals must treat you without police clearance or payment upfront.
Right to Compensation (Motor Vehicles Amendment Act, 2019)
₹5 lakh for death
₹2.5 lakh for grievous injury
Additional amounts under civil suits
Right to Remain Silent
You have the right not to self-incriminate. Call your lawyer before making formal statements.
Claiming Insurance: Step-by-Step (Don’t Skip This!)
Step 1: Inform Your Insurance Provider
Do this within 24 hours of the accident.
Step 2: Submit Required Documents
Copy of FIR
Driving License
Registration Certificate (RC)
Insurance Policy
Photos of accident
Step 3: Surveyor Assessment
Your insurer will send a surveyor to inspect the damage. Cooperate fully.
Step 4: Repair & Claim Settlement
Choose a cashless garage from the insurer’s network for smoother processing.
📌 Bonus Tip: For hit & run cases, claim compensation from Solatium Fund (run by IRDAI).
If You’re the Victim: Civil and Criminal Options
Civil Case: File for compensation via Motor Accident Claims Tribunal (MACT).
Criminal Case: In cases of negligence, rash driving, or drunk driving, file charges under:
IPC Section 279: Rash driving
IPC Section 304A: Causing death by negligence
IPC Section 337/338: Causing injury
Best Video Resources (Highly Recommended)
What to do after Road Accident by Your Vehicle? 🚗 Legal Steps & Insurance Claims I Road Accident?
Summary: Quick Checklist
Task | Time Limit |
|---|---|
Call 112 / 108 | Immediately |
File FIR | Within 24 hours |
Inform Insurance Company | Within 24 hours |
Submit Documents | Asap (1–3 days) |
MACT or Civil Suit (if needed) | Within 6 months – 1 year |
Don’t Just React—Be Prepared
You don’t plan for a crash. But you can plan what happens after. Save this guide, bookmark it, and share it with your family or friends. Being informed isn’t a luxury—it’s your legal armor.
References & Further Reading
Good Samaritan Law (India)
An overview of the Good Samaritan Law enacted by the Supreme Court of India, providing protections for those who assist accident victims. 🔗 Read on Wikipedia
Also read: Scammed Online? Here’s Exactly What to Do if You’re a Victim of Cybercrime in India 2025
