Two-wheelers make up the large majority of vehicles on Bengaluru's roads, and riders are among the most vulnerable people in any collision. If you were hurt while riding — or riding pillion — you may be entitled to compensation. This guide explains how two-wheeler accident claims work and what an automobile accident attorney near me search should lead you to.
Who pays compensation?
When a rider is injured because of another vehicle — a car, bus, truck, auto or another two-wheeler — the claim is filed before the Motor Accident Claims Tribunal (MACT) against the driver, owner and insurer of that vehicle. If it was validly insured, the insurance company is usually directed to pay the award.
Pillion riders have rights too
A pillion rider injured in an accident can claim against the offending vehicle. Depending on the facts and the policy, a claim may also lie against the insurer of the two-wheeler they were travelling on. Pillion riders are often family members of the rider, and these claims are sometimes overlooked.
Helmets, licences and other defences
Insurers commonly raise defences in two-wheeler claims:
- No helmet. Insurers may argue the rider contributed to their head injuries. Whether this reduces compensation depends on the evidence and the nature of the injuries.
- Contributory negligence. Allegations of speeding, lane-cutting or riding on the wrong side are common. Spot mahazar, sketch, witness evidence and CCTV footage can be decisive.
- Invalid licence or policy breach. Where the offending driver had no valid licence, Tribunals have in many cases directed the insurer to pay the claimant first and recover the amount from the vehicle owner.
What if no other vehicle was involved?
If you skidded or fell without another vehicle being at fault, there is usually no third party to claim against before the MACT. In that case, check the personal accident cover under your own motor policy and any health or accident insurance you hold. An advocate can review these policies with you.
Evidence that strengthens a rider's claim
- Photos of the spot, the vehicles and your helmet and riding gear
- CCTV footage from nearby shops or junctions — request it quickly, as it is often overwritten
- The FIR, spot mahazar and IMV report
- Medical records showing the injuries and treatment
- Proof of income, and proof of any work days lost
Do not delay
Following the 2019 amendments, Section 166(3) of the Motor Vehicles Act provides that a claim should be made within six months of the accident. Speaking to an advocate early also helps secure evidence before it disappears.
This article is for general information only and is not legal advice. The law changes, and its application depends on the facts of each case.