Date : 20 May, 2019
Post By Barbie Duggal
If you were involved in a car accident due to someone
else's carelessness or negligence, you have the right to be compensated for all
your physical injuries and property damage. The compensation involved usually
comes out of a settlement of claims of an accident with the insurance company,
or through a lawsuit.
Protecting this right is really important and difficult at the same time. It tests your patience and persistence. Settling a car crash claim without resorting to formal litigation can be a challenge, but when armed with the appropriate support for your claim and equal amounts of patience and persistence, you (and your attorney if you have one) can often negotiate a satisfactory resolution to your car accident case.
Unfortunately, sometimes persistence and professionalism, as mentioned won’t get you far. If you feel an adjuster is deliberately delaying and/or blocking payment of your claim, do not hesitate to get an attorney involved.
Lawtendo offers 15,000 lawyers in their network base spread over 60+ cities, Lawtendo is one of the growing and leading platforms of help and legal solutions. You can consult the lawyer online and ask for any legal advice or help online. Lawtendo lets you find the lawyer anywhere in India online.
Some steps you could follow are:
Documenting the scene of accident: Medical attention is must always be prioritised. In case the injuries are not that serious it might be difficult to get claims. And in this case the evidence is key to winning your claim.
Getting the police involved: Involvement of pis the key. Police report carries a great deal of weight with insurance and claims. A police report is necessary to provide with the required documentation of the accident, and will often include evidence of fault. It’s always a safer and convenient option.
Get Repair Estimates for Property Damage: The insurance adjuster comes and independently checks your property. He inspects it himself but to have a rough estimate of your own can do no harm. Hence to make your statements strong, get your own estimates.
Immediate medical attention required: Seeking medical attention as soon as possible is really necessary . The best evidence of the injuries you’ve sustained are: Treatment records, medical bills and doctor’s notes are the and the financial damage the accident has caused. Even if you’re dealing with a no-fault insurance or driver’s fault insurance, medical reports in each and every case is a key evidence.
Laws relating to accident claims in India:
Third Party Insurance:
Under the provisions of the Motor Vehicles Act, every vehicle should have a valid Insurance to drive on the road. Any vehicle be it any purpose it is used for either business or personal use it must be insured in each case.
Road Traffic Injuries:
Road accidents are rather messy and can leave you all bruised either seriously or with low injuries.
Motor Vehicle Insurance:
Accident victims compensation in India is through motor vehicle insurance which can be categorised under two heads — own damage that covers any physical damage to the vehicle, and third party liability that provides for injury or death of others involved in the accident.
The Solatium Fund:
Motor vehicle insurance covers almost all vehicles, there are also resourses available to them under the existing law in case of ‘hit and run’ accidents which not many are aware of. Only few know of the Solatium Scheme of the government, under which hit and run victims are entitled to compensation of Rs. 12,500 in cases of grievous hurt and Rs. 25,000 in cases of death.
Some Factors that affect the Claim for Compensation of Motor Vehicle Accident in India are :
-All the parties are heard (including the insurer). Tribunal decides the case on merits.
-When a road accident compensation is awarded, the person who is required to pay that amount has to pay it within 30 days of announcing of orders.
- The tribunal can order Collector to recover the money as it happens in cases of arrears of land revenue when the person required to pay the road accident compensation is willingly or otherwise not paying the amount,
We at Lawtendo understand that after being in an accident you suffer physical injury as well as mental anguish which is a lot to take. Our lawyers understand what you’re going through. All your legal issues related to the accident will be taken care of. You don’t need to worry. Just drop us a mail at firstname.lastname@example.org or you can contact our consultants directly on +91 9671633666. You can also visit www.lawtendo.com.