You were in a road accident
Claims, the six-month limit, challans.
An accident is frightening, and the paperwork afterwards makes it worse. Whether you were injured, lost someone, or are dealing with an insurance company or a challan, the law gives you clear routes. Most of them cost less than people expect.
What the law says
- The Motor Accidents Claims Tribunal (MACT) gives compensation for injury or death in a road accident. You can file where the accident happened, or where you live.
- There is a fixed no-fault route. For death the compensation is ₹5 lakh, and for grievous hurt ₹2.5 lakh, without having to prove whose fault it was. But it is a choice, not a first step. Once you take that money, your tribunal claim ends, and a tribunal can award much more.
- Even in a hit-and-run case where the vehicle was never traced, a government fund pays ₹2 lakh for death and ₹50,000 for grievous injury.
- You must file within six months of the accident. After that the tribunal cannot take up the claim at all, and the law gives it no power to excuse a late claim.
- The vehicle's third-party insurance has to cover victims. If your own insurer wrongly rejects a claim, the Insurance Ombudsman hears complaints free of cost.
What to do
- 1
Report it. Start with the FIR.
Get the accident recorded at the police station, or make sure the police at the spot record it. The FIR, the vehicle number and the witness details are what your claim will stand on.
- 2
Keep every medical paper and bill
Hospital records, prescriptions, bills, and salary slips if you lost earnings. Compensation is calculated from exactly these papers, so keep everything, however small.
- 3
Tell the insurance company quickly
For damage to your own vehicle, inform your insurer within the time given in your policy, often just a few days. For injury claims, the other vehicle's third-party insurer is the one who pays.
- 4
File the MACT claim within six months
File where you live, or where the accident happened. If you qualify for legal aid, your District Legal Services Authority can prepare and file it for you at no cost. Women and children, SC and ST persons, people with disabilities, people in custody, and anyone under their state's income limit all qualify.
- 5
For a challan, do it online
Check and pay traffic challans at echallan.parivahan.gov.in. If you think it is wrong, you can contest it. Many are handled by virtual courts entirely online. You do not need a lawyer.
Your rights
MACT compensation for injury or death
- How long it takes
- File within 6 months. Awards take months to a few years.
- Where to go
- Motor Accidents Claims Tribunal, where you live or where it happened
- Cost
- Small filing fee. Free through legal aid if you qualify.
Fixed no-fault compensation
- How long it takes
- Faster. No fault to prove.
- Where to go
- The same tribunal. Taking it ends your full claim. ₹5 lakh for death, ₹2.5 lakh for grievous hurt.
- Cost
- Same
Hit-and-run fund
- How long it takes
- Apply after the police confirm the vehicle is untraced
- Where to go
- Claims Enquiry Officer, through the District Magistrate's office
- Cost
- Free. ₹2 lakh for death, ₹50,000 for injury.
Rejected insurance claim
- How long it takes
- Ombudsman decides in about 3 months
- Where to go
- Insurance Ombudsman / Bima Bharosa portal
- Cost
- Free
Contest a traffic challan
- How long it takes
- Online, usually a few weeks
- Where to go
- echallan.parivahan.gov.in / virtual court
- Cost
- Free to contest
Common questions
When you need a lawyer
For an injury or death claim at the MACT, get a lawyer. Insurers routinely offer far less than a tribunal would award, and a lawyer who handles accident claims will know what your case is really worth. If you qualify for legal aid, your District Legal Services Authority (DLSA) can take it up at no cost. For a wrongly rejected insurance claim, the Ombudsman route is free and you can do it yourself, and Miss Lucy Lite can write the complaint letter for you. A traffic challan you can almost always handle yourself, online.
Free legal aid is your right. Check if you qualify.This is guidance, not a lawyer. Miss Lucy Lite helps you understand your rights and what to do next. She is not a lawyer, and this is not legal advice. If you need a document written, such as a notice, a complaint or an application, she can write it for you as a finished document. For a court case, see a lawyer.