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 Puneeth Kumara N R

Advocate Puneeth Kumara N R

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 Sunil Saroha

Advocate Sunil Saroha

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

Get Advice
Advocate Chinnamani P

Advocate Chinnamani P

Arbitration, Bankruptcy & Insolvency, Cheque Bounce, Civil, Consumer Court, Criminal, Divorce, Domestic Violence, Family, High Court, Insurance, Labour & Service, Motor Accident, Revenue

Get Advice
Advocate Gargi Vaid

Advocate Gargi Vaid

Cheque Bounce, Child Custody, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Motor Accident, Anticipatory Bail, Banking & Finance, Civil, Consumer Court, Corporate, Documentation, High Court, GST, Insurance, Labour & Service, Revenue, Property

Get Advice
Advocate Kameshwar Mahto

Advocate Kameshwar Mahto

Anticipatory Bail, Criminal, Cheque Bounce, Civil, Family, Insurance, Court Marriage, Divorce, Domestic Violence, High Court, Breach of Contract, Revenue, Arbitration, Cyber Crime, Muslim Law, Motor Accident

Get Advice
Advocate Ramsujan Patiram Baghel

Advocate Ramsujan Patiram Baghel

Anticipatory Bail, Arbitration, 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, Domestic Violence, Family, High Court, Immigration, Insurance, Labour & Service, Landlord & Tenant, Motor Accident, Property, Recovery, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Vinod Agrawal

Advocate Vinod Agrawal

Anticipatory Bail,Civil,Cheque Bounce,Motor Accident,Domestic Violence,Criminal,Supreme Court,

Get Advice
Advocate Aa Raju

Advocate Aa Raju

Cheque Bounce, Anticipatory Bail, Banking & Finance, Breach of Contract, Child Custody, Civil, Consumer Court, Criminal, Divorce, Domestic Violence, Court Marriage, Family, High Court, Landlord & Tenant, Motor Accident, Property, Succession Certificate, Revenue

Get Advice
Advocate Mohd Imran Khan

Advocate Mohd Imran Khan

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Insurance, Motor Accident, Muslim Law, R.T.I, Supreme Court

Get Advice
Advocate Saksham Dhanda

Advocate Saksham Dhanda

Civil, Criminal, Recovery, Motor Accident, Cheque Bounce, Consumer Court, Banking & Finance

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.