A road accident throws everything into confusion: injuries, police, hospitals, insurance and, often, financial worry. Many people only think of searching for an automobile accident attorney near me weeks later, by which time important evidence may be lost. This guide explains what to do in the first hours and days after an accident in Bangalore, and how the compensation process works.
Immediately after the accident
- Get medical help first. Call 108 or 112 for an ambulance. Hospitals are required to provide emergency treatment to accident victims, and cashless treatment schemes for road accident victims may apply.
- Inform the police. Make sure the accident is reported and an FIR is registered at the jurisdictional police station. Note the FIR number.
- Record the scene. If you can, photograph the vehicles, number plates, road conditions and injuries. Note the names and phone numbers of witnesses.
- Keep every document. Hospital admission papers, prescriptions, bills, scan reports and the discharge summary will all be needed for your claim.
In the following weeks
Collect copies of the FIR, the spot mahazar, the wound certificate and, later, the charge sheet. Keep proof of income — salary slips, Form 16, ITRs or business records — because compensation for lost earnings is based on it. If there is lasting disability, a disability certificate from a competent medical board is important evidence.
Where is the claim filed?
Compensation claims for road accidents are filed before the Motor Accident Claims Tribunal (MACT). The claim can generally be filed where the accident happened, where the claimant lives or carries on business, or where the defendant resides. In Bengaluru, there are several MACTs, and an advocate near you will know which one is appropriate.
How much time do you have?
After the 2019 amendments, Section 166(3) of the Motor Vehicles Act provides that a claim must be made within six months of the accident. That is one of the most important reasons to contact an automobile accident attorney early.
How is compensation calculated?
The Tribunal looks at the victim's age, income, the nature of injuries or disability, medical expenses and, in death cases, the number of dependants. Courts use established principles — including a multiplier based on age, an addition for future prospects and fixed amounts under conventional heads — to arrive at just compensation. Every case is different, and outcomes cannot be guaranteed.
Dealing with insurance companies
The insurer of the offending vehicle usually pays the award. Insurers may raise defences such as an invalid driving licence, policy breaches or contributory negligence. Having an advocate who regularly appears before the MACT helps you respond to these defences and evaluate any settlement offer — including offers made before the Lok Adalat.
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.