Wednesday, August 12, 2020

Motor Accident & MACT

 

Motor Accident, Compensation, Insurance & MACT
Accident can happen with or caused by any resident, spouse, children or relative though I do not wish it to happen to anyone. Irrespective of whether one is the person that caused the accident or one was a victim certain actions need to be taken by the individual in order to safeguard his rights and avoid criminal case later on.
1. Take the victim to the hospital or ring up for ambulance for him to be taken and get him admitted/medical treatment. This will strengthen your case for any criminal action later on by anyone/police.
2. Report the incident to the police and file a FIR and get a copy of FIR for your use.
3. Intimate insurance company customer care with in 24 hrs and get the complaint or intimation number and keep it safe.
4. Remember FIR is a must if there is a third party injury or claim otherwise it is not.
5. The police as well as accused will try to pressure if you are a victim for a compromise for oblivious reasons
6. Make a compromise if the compensation is reasonable & respectable whether you are the accused or a victim.
7. If compromised is reached then make an agreement signed by both parties and two witnesses, mentioning the amount and that there will be no further claim by any party. Get it notarized if possible. This will come in handy if you put any claim to the insurance company for damages to the car.
8. If no compromise and one is a victim then file a case in Motor vehicle accident claim tribunal (MACT) in the district where the accident took place. One can argue himself and no lawyer is required. The claim amount will depend upon the injuries, age and income and will be paid by insurance company of the car as per the guidelines and table given by the Supreme Court.
9. FIR can be withdrawn or cancelled any time before filing the case or during the pendency of case if respectable & reasonable compromise is reached.
Take care, be safe and know your right and how to enforce them legally and be human.

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