I was driving my car and met with an accident where a man was injured. I rushed him to hospital but he got serious and his family took him to another hospital. Since he was in serious condition, and not very financially capable, I had helped for his treatment by giving a considerable sum of money to his family. The police took a note of the incident and the witnesses involved but no FIR was lodged. Since the accident occurred near the showroom, my car by advice from police is kept in the showroom garage. Now, after almost two weeks, the accident victim is all right but his family is not ready for a legal final settlement. I could not lodge a claim with my insurer as no FIR is there, but the insurance company personnel have been notified over phone. In this case, I have the following querries: 1. Shall I lodge a First party claim only with my insurance company? 2. Should I totally forgo any insurance claim? 3. Should I go to the police myself and lodge an FIR and then go for third party claim? 4. Since the victim is now out of danger, what happens if they (or me) lodge an FIR against me now? Does it become a criminal offence? Does my car and license get seized by police if an FIR is lodged? Can I be arrested? 5. Any other suggestion regarding how this issue may be solved?
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1. No FIR is required to claim insurance.
2. You can claim insurance.
3. For third party claim MACT claim has to be filed by that party.
4. They can file a complaint for negligence agaisnt you same is criminal offence and you have to face trial.
5. Do mutual settlement claim insurance for vechile.
Claim against damage of car ? To claim claim, FIR is not compulsory and it's not but but injured will file against you. So drop FIR.
If company refusing, file consumer claim.
If FIR filed, you will be book for minor offence, car will seize and will release from court. No arrest. Rare possibility of FIR now.
Can claim compensation by filling consumer complaint.
Road accident is generally not a crime.
If it is caused due to negligence then it may attract criminal offence.
Third party claim clauses can be invoked only by a claim by the party through proper procedure.
Police can seize the car for investigation purpose.
No arrest if no rush and negligent act was there.
inform your insurance company about date and time of accident
2) don’t forego your insurance claim
3) don’t lodge FIR
4) if victims lodge FIR of rash and negligent driving under section 279, 336 of IPC you can contest the case
5) burden of proof is upon prosecution to prove allegations beyond reasonable doubt
6) you can apply for and obtain bail
Thanks a lot. I have some follow up questions 1. The insurance claim form needs me to fill up whether there was any third party involved. As the third party has not filed an FIR, is it advisable of me to state that there is no third party involved in order to get my vehicle insurance? Will it call for any legal consequence such as suppression of information? Or should I state that third party was involved but no FIR filed? 2. Will it be advisable to lodge a insurance claim for vehicle before a mutual settlement with third party is reached? 3. What is the legal procedure to have a mutual settlement?
How long it's been to an accident, If long time and no possibility of FIR by injured, just inform hit and run. No knowledge of third party.
Claim have to file within 7 days else company will repudiate late claim.
Don't contact them , otherwise seeing you willing, may put you under balckimail.
1) you should mention that third party was involved but no FIR has been filed yet
2) don’t suppress any material facts
3) if your car hasn’t been damaged then lodge insurance claim
4) you can enter into MOU for mutual settlement
If you file FIR and show all details about third party injured and car accident, so you can claim with insurance company for car and third hospital expenses as well if you have third party insurance.
1. You have to disclose that third party was involved though no FIR was lodged and parties settled among themselves.
2. Yes you can file for insurance and simultaneously.
3. See both the parties can reach settlement and can make compromise in written.
You can file FIR for third party claim they may arrest you but you will get bail. You can do legal settlement but don't get blackmailed. You can even take anticipatory bail by telling some third person to file FIR.
1. Since this is an accident claim the insurance company may not entertain the claim without a FIR which is the only evidence for the accident.
2. You may look for any alternative to claim the insurance money.
3. You cannot give a complaint against yourself with the police about this accident.
4. If the accident victim is not preferring to give any complaint you may better stay away from this complaint because it will become a criminal complaint against yourself.
5. Any complaint that you may lodge will go against you and yo will be prosecuted for the charges and may be punished by convicting you by the court of law with imprisonment also.
Better take wise decision at right time.
If you state that a third party was involved then they may insist on FIR and claim settlement would become a very hard affair.
If you want to have a mutual settlement with the third party you may better ask him to lodge a criminal complaint agaisnt you in connection with this accident.
after that you may arrive at a compromise settlements with the complainant, which would be helpful for you to claim insurance amount from the insurance company besides, the complainant may also be eligible to claim insurance amount for the accidental injuries.
In your case the police can book you for driving rashly and causing grievous hurt to victim. Following an accident the police take both the vehicles — of the accused and the victim — into its possession when FIR is filed.The vehicles would remain in the police station as they were part of case property.
However if the FIR is registered then you will have to move an application under Motor Vehicle Act to release the car..
If your car was fully insured during the time of accident then you can definitely claim compensation through court by filling case against insurance company. MACT case will be file against concerned insurance company.
