In case of a road accident, if a third party (a person other than the driver or the owner of the vehicle) is injured or their property is damaged, the third-party insurance policy of the at-fault driver covers the compensation. In India, the Motor Vehicles Act, 1988 mandates third-party insurance for all motor vehicles to ensure that victims of road accidents receive compensation. Let’s look at the procedure for filing a third-party insurance claim after an accident.
The first step is to report the accident to the police and file an FIR (First Information Report) if the accident involves injury or significant property damage. A police report is vital as it establishes the legal details of the accident.
Ensure you get a copy of the FIR, as this will serve as a key document when making the claim.
The owner of the vehicle (at-fault party) or the third-party victim (if applicable) must notify the insurance company about the accident. The insurance company needs to be informed immediately or within a reasonable time frame after the accident (usually within 48 hours).
Provide the insurance company with all relevant details about the accident, including the FIR, police report, witness statements, and any other evidence related to the accident.
The victim or the policyholder (the person filing the claim) needs to fill out the third-party claim form provided by the insurance company. This form requires details like:
If there were any injuries, submit medical records, hospital bills, and treatment details as evidence.
If there was property damage, provide photos of the damage, repair estimates, and receipts.
Submit a copy of the FIR and police report to validate the occurrence of the accident.
Provide documents like the driver’s license and the vehicle’s registration papers.
If there were witnesses to the accident, their statements can strengthen the claim.
The insurance company will investigate the accident, review the evidence, and determine liability. If the third-party insurance policy covers the accident, the insurer will typically accept liability.
The investigation may include verifying the police report, inspecting the damages, and speaking to witnesses.
In case the third-party insurance claim is disputed or the insurer does not settle the claim, the victim may need to file a claim petition with the Motor Accident Claims Tribunal (MACT) or civil court.
The tribunal or court will examine the case, and based on evidence, will determine the compensation amount for the third-party victim (if the defendant’s liability is confirmed).
The court may also involve witness testimony and expert opinions to determine the degree of liability.
If the insurance company accepts the claim, they will settle the compensation directly with the third-party victim or their legal representative. The at-fault driver’s insurer will pay for the medical expenses, property damages, and any other related costs (depending on the terms of the policy).
If the case is decided in the court or tribunal, the court's ruling will determine the compensation, and the insurance company will usually pay the amount to the victim.
A pedestrian is hit by a car while crossing the road. The pedestrian is injured, and the accident is reported to the police. The car owner’s third-party insurance is notified. The insurance company investigates the accident, and based on the police report and medical evidence, they determine that the car driver was at fault. The insurance company compensates the pedestrian for medical expenses and lost wages.
A motorcyclist causes damage to a parked car. The car owner files a third-party insurance claim against the motorcyclist’s insurance. The motorcyclist’s insurance company investigates the accident, verifies the damages, and settles the claim by compensating the car owner for the repair costs.
Ensure that the claim is filed within the time limit set by the insurance company (usually 48 hours after the accident) to avoid delays or rejection of the claim.
Proper and thorough documentation is critical. The more evidence you have (FIR, medical reports, photographs, etc.), the stronger your claim will be.
In cases where the at-fault driver is not identified or does not have insurance, the victim may be eligible for compensation under the Motor Vehicle Accident Fund or no-fault insurance schemes, depending on the circumstances.
Filing a third-party insurance claim involves a series of steps, including reporting the accident, notifying the insurance company, completing the claim form, submitting supporting documents, and possibly attending court proceedings. The claim process requires adequate documentation, police involvement, and timely submission to ensure compensation is received. By following the proper procedure and ensuring thorough documentation, claimants can successfully receive compensation for injuries and damages resulting from road accidents.
Answer By Law4u Team
Discover clear and detailed answers to common questions about Personal Injury Law. Learn about procedures and more in straightforward language.
