HIT AND RUN INSURANCE CLAIM AND COMPENSATION

Are you aware of what actions to take in a road accident where the driver is responsible for an accident and makes an escape from the accident scene?

What if that vehicle or driver who hits and runs away and can't be traced at that time after spending reasonable amounts of effort?




 

What is Hit and Run Case?

A hit-and-run case happens when someone hits another car, a person, or property with their vehicle, and then drives away without stopping to help or give their information.

It's like a hit and hide - the driver causes damage or harm and leaves the scene without taking responsibility. Hit-and-run accidents can involve cars, bikes, or even pedestrians, and they can cause serious consequences for the victims.

What are the Hit and Run Car Accident IPC Sections?

In the Indian Motor Vehicle Act, under hit and run IPC section 161; If you happen to get involved in an accident of this nature, here is what you need to do to claim hit-and-run insurance coverage. The IPC charges Sections 279, 304A, and 338 on victims of hit-and-run incidents.

Also Read: HOW TO CHECK VEHICLE OWNER DETAILS BY REGISTRATION NUMBER

Key Responsibilities in the Hit-and-Run Insurance Claim Process

1.  Filing a Claim

File an application for compensation with the claims inquiry officer in your taluka.

Filing a Claim will start the process of securing compensation for injuries or damages from the accident. You need to provide the necessary documents and evidence.

2.  Engaging Witness

Engage witnesses to support your claim. Witness testimonies add credibility to your account and strengthen your case. Collect their contact information and ensure they are willing to testify.

3.  Filing an FIR (First Information Report)

File an FIR at the local police station right after the accident. The FIR officially documents the accident details, enabling the police to start their investigation. It is also required for the insurance claim process.

4.  Medical Examination and Documentation

Undergo a medical examination to document your injuries. Medical reports and certificates are crucial for proving the extent of your injuries. These documents support your compensation claim.

5.  Submission of Inquiry Report

Ensure the claims inquiry officer submits a report to the claim settlement commissioner. This report, which includes medical certificates and the FIR, is essential for the claim settlement. It ensures all aspects of the accident are considered.

6.  Claim Settlement

The claim settlement commissioner, along with the district collector or deputy commissioner, should process your claim within 15 days of receiving the report.

Quick processing ensures you get financial support promptly. The commissioner ensures the process is fair and efficient.

7.  Reporting and Documentation

Keep detailed records of all communications, expenses, and interactions related to the accident and claim. Thorough documentation supports your claim and helps resolve any disputes or delays.

8.  Legal Representation

You can appoint a legal representative, such as a family member or agent, to handle the claim. In severe injury or death cases, a legal representative ensures the claim is managed effectively.

Hit-and-Run Car Accident Sections in India

Relevant Sections in the Indian Motor Vehicle Act

Section 161:

The Indian Motor Vehicle Act outlines the procedures and legal frameworks for addressing hit-and-run accidents under Section 161. If you are involved in a hit-and-run accident, here’s what you need to do to claim insurance coverage:

•  Engage the Eye-Witnesses

Immediately seek out witnesses at the scene of the accident. Ask them to testify on your behalf and collect their contact information.

•  File an FIR

Report the accident to the police and file a First Information Report (FIR). This report documents the incident and is essential for initiating a police investigation.

•  Contact a Claims Inquiry Officer

File an application with the claims inquiry officer in the respective taluka (local administrative area). This step is necessary to begin the formal insurance claim process.

•  Submit Required Documents

Ensure that all necessary documents, such as injury certificates or post-mortem certificates, are included in the inquiry report. The claims inquiry officer will submit these along with their findings to the claim settlement commissioner.

•  Await Compensation

The claim settlement commissioner, in coordination with the district collector or deputy commissioner, will process the claim.

Compensation should be sanctioned within 15 days from the receipt of the inquiry report, and the sanction order will be communicated to the designated office of the concerned insurance company.

Following these steps, Victims of hit-and-run accidents can effectively navigate the legal process and secure the compensation they are entitled to under Indian law.

Who Benefits from Hit-and-Run Insurance Claims and How?

1.  Victims of Hit-and-Run Accidents

Individuals who have sustained serious injuries or suffered property damage due to a hit-and-run accident can file for compensation.

2.  Family Members of Deceased Victims

In cases where the accident results in death, the deceased person's legal representative, usually a family member, can file for compensation on behalf of the family.

Hit-and-Run Compensation Payments: Understanding the Details

Hit-and-run compensation payments are determined based on the severity of the accident and the resultant damages or injuries. Here’s a breakdown of how compensation payments are structured:

•  Death Compensation

The legal heir of the deceased victim is entitled to receive compensation. In India, the compensation amount for death due to a hit-and-run accident is generally fixed at Rs 2,00,000.

•  Permanent Disability Compensation

Victims who suffer from permanent disability due to the accident are also entitled to compensation. The compensation amount for permanent disability is generally fixed at Rs 50,000.

•  Serious Injury Compensation

For serious injuries that do not result in permanent disability, victims may still receive compensation. While the specific amounts can vary, insurance policies and legal frameworks often dictate a standard compensation amount for serious injuries.

•  Property Damage Compensation

Compensation for damages to personal property (e.g., vehicles) incurred during the hit-and-run accident. The compensation amount can vary depending on the extent of the damage and the terms of the insurance policy.

Also Read: 10 SAFETY TIPS FOR DRIVING A CAR AT NIGHT

How Compensation is Determined in Hit and Run Car Insurance Claims?

•  Severity of Injuries

The extent and impact of the injuries sustained during the accident play an important role in determining the compensation amount. Medical reports and assessments are essential for this evaluation.

•  Loss of Income

In cases where the victim suffers from long-term or permanent disabilities, compensation may also account for the loss of income and the victim’s ability to earn a livelihood.

•  Medical Expenses

Compensation may cover medical expenses, including hospital stays, surgeries, medications, and rehabilitation costs.

•  Legal and Administrative Processes

The claims inquiry officer and claim settlement commissioner evaluate the submitted documents, such as injury certificates or post-mortem reports, and coordinate with local authorities to finalize the compensation amount.

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With the help of this article victims and their families can now better navigate the claims process. With these road accident claims/hit-and-run insurance guides it is easy to understand the structure of the hit-and-run insurance claim process and the responsibilities to secure the financial support they need to recover from such distressing incidents.

FAQs

Q1. What is a hit-and-run accident?

Ans: A hit-and-run accident happens when a driver leaves after causing an accident without giving their information or helping those involved.

Q2. How do I claim insurance after a hit-and-run?

Ans: After a hit-and-run, report it to the police and your insurance company as soon as possible. Provide details like the time, place, and description of the other vehicle if possible.

Q3. What should I do if I'm in a hit-and-run?

Ans: Try to note down details about the other vehicle, like its color and license plate number. Take pictures of any damage to your car and seek medical help if needed.

Q4. Is there a deadline to file a hit-and-run claim?

Ans: The time limit varies. It's best to report it to your insurance company ASAP to make sure your claim gets processed.

Q5. What documents do I need to file a hit-and-run claim?

Ans: You'll typically need a police report, photos of the damage, and any witness statements or contact info you gathered.

Q6. How many Hit and Run Cases are there in India?

Ans: The following are the TOP 5 Hit and Run Cases that happened in India and have profoundly impacted on Nation:

1. Pune Hit and Run Case (2024)
2. Siddharth Sharma's 2016 hit-and-run Case
3. Janhavi Gadkar's 2015 hit-and-run Case
4. Salman Khan's 2002 hit-and-run Case (2015)
5. 1999 Delhi hit-and-run Case

Source: Time Of India

Q7. Is filing a First Information Report (FIR) necessary for a hit-and-run compensation claim?

Ans: According to the Motor Vehicles Act, 1988, and other applicable laws in India, it is mandatory to file an FIR in cases of accidents resulting in third-party injury, death, or property damage.

Q5. What is fines for hit and run case if minor is involved ?

Ans: In hit and run incidents when minors are involved, the law orders heavy fines and up to three years of imprisonment in jail for the minor's parents.