- 07-Jun-2025
- Cyber and Technology Law
A hit-and-run accident occurs when a driver causes an accident but leaves the scene without providing their details or offering assistance. Victims of such accidents are often left without immediate recourse because the offending driver may be unidentified or cannot be traced. However, Indian law ensures that victims can still receive compensation even in the absence of the offender's identity. Here’s how victims can claim compensation after a hit-and-run accident.
Motor Vehicle Accident Fund (MVA Fund) is a special fund established under the Motor Vehicles Act, 1988 to provide compensation to victims of untraced vehicles, including hit-and-run accidents.
If the offending driver cannot be identified or traced, the victim can still file a claim for compensation under this fund. This ensures that even in cases where the responsible driver is uninsured or has fled the scene, the victim still has access to compensation.
Victims can approach the Motor Accident Claims Tribunal (MACT) to file a claim for compensation under the MVA Fund.
If the hit-and-run driver is identified but does not have insurance, the victim may still be able to claim compensation through the victim’s own insurance policy if the policy includes personal accident coverage or uninsured motorist coverage.
In some cases, the victim’s comprehensive vehicle insurance (if they are the driver) may cover medical expenses and other damages.
Victims of hit-and-run accidents can approach the Motor Accident Claims Tribunal (MACT) to file a claim for compensation.
The MACT can order compensation from the MVA Fund or the at-fault party if identified. In cases where the responsible party is untraceable, the tribunal may rely on the MVA Fund to compensate the victim.
In cases of fatal accidents, the legal heirs of the deceased (such as spouse, children, or parents) can file a claim under the MVA Fund for compensation. This compensation can cover funeral expenses, loss of dependency, and loss of consortium.
In the case of injuries, the victim may be entitled to compensation for medical expenses, pain and suffering, and loss of earnings.
Even in a hit-and-run situation, it is crucial to file a First Information Report (FIR) with the police as soon as possible. While the driver may not be identified immediately, the police investigation can increase the chances of identifying the offender or determining the vehicle involved.
The police may also assist in tracing the vehicle registration number or witnesses, which could be used in legal proceedings or in obtaining compensation from the insurance or MVA Fund.
The victim or a witness should report the accident to the police immediately. The FIR is a critical document for filing a compensation claim.
The police report can also help identify the vehicle involved if there are any witnesses or surveillance footage available.
The victim or their family can file a claim with the Motor Accident Claims Tribunal (MACT). If the identity of the hit-and-run driver is unknown, the claim is filed against the MVA Fund.
The victim must present medical records, witness statements, and the FIR to support the claim.
If the victim has personal accident coverage in their own vehicle insurance policy, they should contact the insurance company immediately and submit the relevant documents, including the police report, medical bills, and the insurance claim form.
The insurer may assess the case and provide compensation for the victim’s medical costs, rehabilitation, and other damages.
A pedestrian is hit by a car while crossing the road. The driver flees the scene, and the car's identity is not known. The pedestrian files an FIR with the police. Since the driver is untraceable, the victim files a claim with the Motor Accident Claims Tribunal for compensation under the Motor Vehicle Accident Fund. The tribunal awards compensation for medical expenses, pain and suffering, and loss of earnings.
A motorcyclist is hit by a car that then leaves the scene. The motorcyclist, after getting medical treatment, files an insurance claim under their personal accident coverage. The police investigate the incident, but the driver remains unidentified. The insurer compensates the motorcyclist for their hospitalization costs and future medical treatment as part of their personal accident coverage.
Claims under the MVA Fund or from the insurance company must be filed within the statutory time frame (usually 6 months to 1 year from the date of the accident). Delays in reporting the accident to the police or filing the claim may result in reduced compensation or rejection of the claim.
Witnesses play an important role in hit-and-run cases. Statements from witnesses who saw the accident or the vehicle involved can help strengthen the claim.
If the hit-and-run driver is found to be uninsured, the victim’s own insurance or the MVA Fund will cover the compensation, as long as the claim is filed within the statutory time limits.
In cases of hit-and-run accidents, it is advisable to consult a lawyer experienced in motor accident claims to guide the victim through the legal procedures and help maximize compensation.
Victims of hit-and-run accidents in India are entitled to compensation, even if the offending driver is untraceable or uninsured. The Motor Vehicle Accident Fund (MVA Fund) provides a mechanism for such victims to claim compensation. Victims can approach the Motor Accident Claims Tribunal (MACT) to file claims or use their own insurance if applicable. Filing an FIR with the police and providing sufficient evidence such as medical bills, witness statements, and police reports are key steps in ensuring that victims receive fair compensation.
Answer By Law4u Team
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