Road accidents are scary, whether you’re the driver, passenger, or even a pedestrian. But knowing the road accident legal process in India can make all the difference. From handling the police to filing insurance claims, here’s your ultimate legal guide to dealing with a road accident in India.
Step 1: Ensure Safety First
Before thinking about legalities, make sure everyone is safe:
✅ Move to a safe spot if possible. ✅ Check for injuries and call 108 (ambulance) if needed. ✅ Turn on hazard lights and use warning signs to alert others.
Step 2: Don’t Run – It’s a Crime!
Leaving the accident scene without reporting it is a hit-and-run offense under Section 106(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 (previously IPC Section 304A).
🔴 Punishment: If someone dies due to your negligence, you could face up to 10 years in jail or a fine.
Step 3: Call the Police and File an FIR (If Necessary)
If there’s serious injury, death, or significant damage, call the police immediately (Dial 112).
🚔 For minor accidents, you can settle it privately, but for major cases, an FIR is needed. 🚔 If the police refuse to register an FIR, you can file a complaint with the Magistrate under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (previously CrPC).
Step 4: Collect Evidence – It Can Save You Later!
Proper documentation is key to handling the road accident legal process in India efficiently. Take photos/videos of:
📸 The accident scene (vehicle positions, road signs, damage). 📸 Injuries (yours or others’). 📸 The number plates of all vehicles involved. 📸 Dashcam or CCTV footage (if available). 📸 Contact details of witnesses.
This evidence helps with insurance claims and legal defense.
Step 5: Exchange Information with the Other Party
✔ Name, phone number, and address. ✔ Vehicle registration details. ✔ Insurance policy number.
Avoid admitting fault at the scene, even if you feel responsible. Let the investigation decide.
Step 6: File an Insurance Claim
🚗 If you have third-party insurance, the insurer will cover damages to the other party. 🚗 If you have comprehensive insurance, it covers your own damages too. 🚗 Inform your insurer within 24-48 hours and provide the required documents:
FIR copy (if applicable).
Medical reports (in case of injury).
Photos/videos of the accident.
Step 7: Understand Legal Consequences
Knowing the road accident legal process in India also means understanding the laws:
🚦 Drunk Driving (BNS Section 279) 🔴 Punishment: Up to 6 months imprisonment or ₹1,000 fine (first offense).
🚦 Driving Without a License (Motor Vehicles Act, 1988, Section 181) 🔴 Punishment: ₹5,000 fine or imprisonment up to 3 months.
🚦 Dangerous Driving (BNS Section 281) 🔴 Punishment: 6 months imprisonment or ₹1,000 fine or both.
🚦 Hit and Run (BNS Section 106(2) – Yet to be Implemented) 🔴 Punishment: Up to 10 years imprisonment and a fine.
Step 8: Seeking Compensation?
File a Motor Accident Claim
If you or a loved one is injured in an accident, you can claim compensation through the Motor Accident Claims Tribunal (MACT).
📌 File a claim within 6 months of the accident. 📌 Provide medical reports, FIR, and evidence of damages. 📌 Compensation depends on injuries, loss of income, and medical costs.
Extra Tips to Stay Legally Safe on the Roads
✅ Always carry your driving license, RC, insurance, and pollution certificate. ✅ Install a dashcam – it helps prove what happened. ✅ Don’t engage in road rage or fights after an accident. ✅ If you’re falsely accused, consult a lawyer immediately.
Final Thoughts
A road accident can turn your life upside down, but knowing the road accident legal process in India helps you stay protected. Whether it’s handling the police, insurance claims, or compensation, being informed can save you from bigger troubles. Drive safe, stay alert, and if an accident happens—now you know what to do!
