Law4u - Made in India

What is the procedure for settlement of motor accident claims in India?

10-Mar-2023
Motor Accident

Answer By law4u team

The settlement of motor accident claims in India can be done through two ways: by making a claim under the Motor Vehicles Act, 1988 or through an out-of-court settlement. Here are the procedures for both: Claim under the Motor Vehicles Act, 1988: a. The first step is to file an application for compensation with the Motor Accidents Claims Tribunal (MACT) having jurisdiction over the area where the accident occurred. b. The claimant must provide documents such as the FIR, driving license, registration certificate, insurance policy, and medical reports, to support the claim. c. The MACT will conduct an inquiry and assess the extent of the damage, injury or loss suffered by the claimant. d. Based on the inquiry and assessment, the MACT will award compensation to the claimant, and the insurance company will be directed to pay the compensation. Out-of-court settlement: a. The claimant and the insurance company can also settle the claim out of court, without approaching the MACT. b. In such cases, the claimant must approach the insurance company with a written claim, stating the details of the accident, and the amount of compensation sought. c. The insurance company may conduct an inquiry and offer a settlement amount to the claimant. d. If the claimant agrees to the settlement amount, they will have to sign a discharge voucher, which will release the insurance company from any future claims related to the accident. It is important to note that in cases where the compensation sought exceeds the insurance coverage, the claimant can approach the MACT for compensation under the Motor Vehicles Act. Additionally, it is advisable to consult a lawyer while filing a claim or settling a claim, to ensure that the process is fair and the claimant receives just compensation.

Motor Accident Verified Advocates

Get expert legal advice instantly.

Advocate Ujjwal Kant

Advocate Ujjwal Kant

Anticipatory Bail,Arbitration,Armed Forces Tribunal,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Court Marriage,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Documentation,GST,Domestic Violence,Family,High Court,Immigration,Insurance,International Law,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,NCLT,Patent,Property,R.T.I,Recovery,RERA,Startup,Succession Certificate,Supreme Court,Tax,Trademark & Copyright,Wills Trusts,Revenue

Get Advice
Advocate Syed Nawaz

Advocate Syed Nawaz

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Documentation, Family, High Court, International Law, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, R.T.I, Recovery, RERA, Succession Certificate, Startup, Supreme Court, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Pratyushpramit Pattnaik

Advocate Pratyushpramit Pattnaik

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Recovery, RERA, Succession Certificate, Trademark & Copyright, Wills Trusts, GST, Armed Forces Tribunal, Media and Entertainment, Revenue, Court Marriage

Get Advice
Advocate Sandeep Sharma

Advocate Sandeep Sharma

Anticipatory Bail, Cheque Bounce, Breach of Contract, Child Custody, Banking & Finance, Bankruptcy & Insolvency, Civil, Consumer Court, Corporate, Criminal, GST, Divorce, High Court, Cyber Crime, Labour & Service, Motor Accident, NCLT, RERA, Revenue, Tax, Landlord & Tenant, International Law, Immigration, Medical Negligence, Startup, Patent, Trademark & Copyright, Supreme Court

Get Advice
Advocate Shaurya Shukla

Advocate Shaurya Shukla

Cheque Bounce, Court Marriage, Criminal, Divorce, Family, Motor Accident, Property, R.T.I, Recovery, Anticipatory Bail, Civil, Cyber Crime, Domestic Violence, Muslim Law

Get Advice
Advocate Anupam Singh

Advocate Anupam Singh

Cheque Bounce,Consumer Court,Motor Accident,Family,Divorce,

Get Advice
Advocate Ramya Ramachandran

Advocate Ramya Ramachandran

Anticipatory Bail, Arbitration, Banking & Finance, Cheque Bounce, Breach of Contract, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Property, Recovery, Wills Trusts

Get Advice
Advocate A K Solanki

Advocate A K Solanki

Consumer Court, Court Marriage, Criminal, Divorce, High Court, Labour & Service, Revenue, Motor Accident, Recovery, Cheque Bounce

Get Advice
Advocate Mukesh Singh

Advocate Mukesh Singh

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Muslim Law, Property, Succession Certificate, Documentation

Get Advice
Advocate R S Renganathan

Advocate R S Renganathan

Civil,Motor Accident,Cheque Bounce,Divorce,Banking & Finance,Consumer Court,Documentation,Insurance,Family,

Get Advice

Motor Accident Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.