How To Handle A Hit And Run Accident: A Complete Guide To Insurance Claims And Legal Steps

Imagine walking through a crowded market; suddenly, a speeding car comes from nowhere, hits a pedestrian, and disappears without even an aftershock, let alone the reaction time. The chaos, confusion, and panic that result from this incident leave everybody around aghast. In that fraction of a second, the lives of those people have turned upside down. Instead of stopping to at least check on the injured or offer some assistance, the driver speeds off into the distance, leaving a scene of distress and questions unanswered. A Hit-and-Run is such a critical act where a driver runs away after harming victims.

Hit-and-run cases happen more often than we would care to think. They are not just a casual touch with the law but with real people, real-life consequences, and often real tragedies.  The immediate aftermath can render the victims helpless, besides not knowing what to do next, often seriously injured or in shock.

But the implications of a hit-and-run go far beyond the initial impact. Besides testing the resilience of those involved, such cases pose very strong challenges to our legal and insurance systems. How does the law view such an action? What are the rights of the victims, and what punitive measures are to be taken against them? More so, how can one safeguard themselves from the financial losses of such incidents?

In this article, we consider the legal framework governing hit-and-run cases in India, the steps you should take if you are involved in such a situation, and the role of insurance policy in safeguarding the interest of its owner. Let's break it down so that you're well-equipped to navigate such a distressing situation with confidence and clarity.
 

What Is A Hit-And-Run Case?

A Hit-And-Run case is a situation where a driver causes an accident that hits any other moving or stationary vehicle, person, or property and runs away from the scene of the accident without stopping to help or give out the contact details. It is where the driver causes an accident, injury, or even death and takes flight from the scene of the crime. The Hit-And-Run can be committed using any category of vehicles and on pedestrians and could almost always have grave repercussions for the victims.
 

What Are The Hit-And-Run Car Accident IPC Sections?

The law is not lenient over such incidents in India. Contributing to different aspects of Hit-And-Run, the Indian Penal Code deals with a number of sections:

• Section 279: This caters particularly to rash and negligent driving that incorporates a Hit-And-Run case in itself.
• Section 304A: This covers causing death by negligence. Applicable when the accident is due to fatal injuries.
• Section 338: Causing grievous hurt by negligence-applicable if the accident leads to serious injuries.

Further, in case of insurance claims regarding Hit-And-Run accidents, procedures under the Indian Motor Vehicle Act and respective insurance policies shall be followed.

Wondering how the law acts during such incidents? Scroll below to know more!
 

How Are Hit-And-Run Cases Treated In Motor Accident Law?

Hit-and-run cases are treated seriously under motor accident law because of their implications for public safety and the difficulty the victim faces in claiming compensation. This is how they are usually treated:

• Criminal Offense: A hit-and-run case may be considered a criminal offence when a motorist leaves the scene of an accident without offering help or information. This can result in charges such as Hit-And-Run, failure to stop and assist, or leaving the scene of an accident.
• Duty Bound: Stopping and helping injured people and exchanging information after an accident involving injuries, death, or property damages is the statutory duty of drivers under the Motor Vehicle Act 1988. Failure to do so amounts to a violation of law.
• Fines: The fines involved in hit-and-run cases vary in seriousness and include potential fines, time in prison, and loss of driving privileges, along with other consequences.
• Compensation To Victims: Since it may not be possible to find out who drove away in some cases, victims might have a hard time getting compensation from such reckless drivers. However, they can still get it through making insurance claims or getting money from government schemes, among other things.
• Investigations And Prosecutions: Police investigate hit-and-run cases to identify the ones behind the wheels of the vehicle; the investigation involves evidence from a crime scene, statements by witnesses, and whatever forensic science method can be applied in handling human remains.
• Victim Rights: A victim has a right to lodge complaints with authorities against those who hit them while driving, request medical treatment, and seek compensation through legal suits against perpetrators. They are also entitled to free legal help and victim support services that enable the victim to understand the legal processes involved.
   

Hit-And-Run Car Accident Sections In India

Substantiate sections in the Indian Motor Vehicle Act that address Hit-And-Run accidents are:

Section 161: Section 161 of the Indian Motor Vehicle Act details the procedure in the event of a hit-and-run accident. If you are found to be a victim of such an accident, the steps below will facilitate your claim for insurance:

• Secure Witnesses: Record the contact details of witnesses at the spot and their statements, which would support the claim.
• File FIR: The incident has to be reported to the police by lodging an FIR in the police station. This is very much required, so that at least the police investigation can start.
• Contact Claims Inquiry Officer: Application is to be made to the Claims Inquiry Officer in the respective local administrative area (taluka) to initiate an insurance claim.
• Documents Submission: Attach all the necessary documents, including injury or post-mortem certificates, to the inquiry report. In this regard, the claims inquiry officer forwards them to the claim settlement commissioner with their findings.
• Await Compensation: Compensation claims shall be processed by the commissioner for the settlement of claims assisted by the district collector or deputy commissioner. Sanction of compensation shall be made within 15 days of receipt of the inquiry report, and the sanction order shall be sent to the concerned insurance company.
   

What Is Classified As A Hit-And-Run Accident?

Hit-and-run accident refers to a case whereby a driver, after being involved in an accident, deliberately disappears from the accident scene without showing their identity with contact details or accountability for casualties.

Examples of Hit-And-Run incidents include:

• Hit-And-Run: A person hits you or your car and then quickly speeds away from the scene of the collision.
• Car Damage At Parking: While your car is parked and unattended, a driver causes some damage to your car and drives away without leaving any contact information for claiming damages.

In both cases, the party at fault does not take responsibility for failing to stop and address the incident.

What happens if you are involved in such an incident? What should you do? We are here to help you out!
 

Process To Handle A Hit-And-Run Case:

Here’s a breakdown of what can be done in case you are involved in a hit-and-run accident.

If you are a victim:

• Medical Attention: Your health and safety should be of primary importance. If you have injuries, they should be treated immediately.
• Gather Information: Try to remember anything about the Hit-And-Run vehicle, like its registration number, make, model, and description of the driver.
• Report To The Police: If at all possible, report to the police with all details of this accident. This report is critical as far as your insurance claim is concerned, as well as other subsequent legal considerations.
• Inform Your Insurer: Inform your insurance company about the accident and provide all the accruable details about the incident.
• Seek Lawyer Assistance: To protect your full rights, you may want to hire a lawyer who can advise you on what to do through the courts.

If you are the perpetrator:

• Police Report: Immediately report to the police by giving them all the details about what happened.
• Inform the Insurer: Tell your insurance company about the incident as soon as possible.
• Appoint A Lawyer: Engage a lawyer to assist in the case for legal consequences and proper representation.

Puzzled about how insurance coverage comes into the picture? Let us help you!
 

Understanding Insurance Coverage for Hit-And-Run Accidents

Compensation for Hit-And-Run cases in India is given based on the severity of the accident and any destruction or injury caused to any party. Here is how the compensation generally looks:

1. Compensation for Death

• Amount: Rs 2,00,000.
• Beneficiary: A legal heir of the dead victim.
• Details: Given as a fixed sum, it accrues to the family of the dead for loss sustained and to support their needs.

2. Permanent Disability Compensation

• Amount: Rs 50,000
• Beneficiary: Victims suffering permanent disability due to the accident
• Details: The compensation shall help victims with permanent impairments resulting from the accident.

3. Serious Injury Compensation

• Amount: Variable
• Beneficiary: Victims with serious injuries but without permanent disabilities.
• Details: The compensation amount for severe injuries will also vary with type and extent and, accordingly, as per the insurance policy provisions made in that regard.

4. Property Damage

• Amount: Variable
• Beneficiary: The person whose personal property, such as vehicles, has been damaged during the accident.
• Details: The compensation for property damage depends on the extent of the damage and the coverage provided by the insurance policy.

Important Notes:

Take into account the following points while claiming insurance:

• Compensation claiming process: The victim or family has to lodge a complaint with the police via FIR and submit the required documents to the concerned insurance company or authorities.
• Insurance cover: The amount and manner of compensation can vary depending on the type of policy and the jurisdiction's laws.

Now, we move on to a daunting task: the procedure for claiming the insurance. Worry not! We’ll guide you through it.

Process To Claim Insurance:

Here’s a step-wise breakdown to understand the process  of claiming insurance:

Filing of a Claim

• Action: Apply to the Claims Inquiry Officer in your taluka seeking compensation.
• Purpose: The purpose is to begin the process in order to claim compensation for the injuries or damages arising due to the accident. Please ensure that all necessary documents and proofs are provided.

Engaging Witnesses

• Action: Identify the witnesses to your claim and involve them.
• Purpose: The accounts of witnesses make your version more credible. Collect contact information from them and confirm their consent to testify for you.

Filing an FIR

• Action: Inform the local police station immediately after the accident and file an FIR.
• Purpose: The police officially record the accident to investigate it, and it is a very important document in processing the insurance claim.

Medical Examination and Documentation

• Action: Go for a medical checkup so that your injuries can be documented.
• Purpose: The medical reports and certificates are significant proofs of the injury and are necessary for compensation claims.

Submission of Inquiry Report

• Action: The claims inquiry officer should submit a detailed report to the claim settlement commissioner.
• Purpose: The report with the medical certificates and the FIR is considerably important with regard to the assessment and settlement of the claim.

Claim Settlement

• Action: The claim settlement commissioner processes your claim with the assistance of the district collector or deputy commissioner within a period of 15 days upon receipt of the report
• Purpose: Ensuring the victim’s immediate availability for financial assistance and a fair deal on the claim.

Reporting and Documentation

• Action: Keep all the correspondence expenses and communication related to accidents and claims duly recorded.
• Purpose: To validate your claim and ensure that there are no hurdles or delays in your claim.

Legal Representation

• Action: Where necessary, representation may include an appointment of any family member or a legal representative.
• Purpose: This will facilitate effectiveness and efficiency in managing such cases that might involve severe injuries, even to the extent of death.

What Not to Do After A Hit-And-Run Accident:

In the unfortunate event that a Hit-And-Run accident occurs to you, here are some things to avoid doing:

• Do Not Chase The At-Fault Driver: Do not leave the scene of the accident in an attempt to pursue the hit-and-run driver. You should focus on your protection and information.
• Move Your Vehicle: If possible, and without taking any undue risks, move your vehicle to a safe location away from traffic. Do not stay in a travel lane while waiting for authorities.
• Don't Leave Without Collecting Information: Ensure that before you leave, you document the scene of the accident, including information about the witness and any vehicle descriptions available.
• Wait Without Obstructing Traffic: While waiting for the police, one should not do anything that will block traffic flow or create more problems.

Will this insurance claim be beneficial to you? Let’s understand who can avail of these benefits!
 

Who Benefits From Hit-And-Run Insurance Claims And How?

Here’s an overview of the recipients of the insurance claim:

• Victims Of Hit-and-Run Accidents: Victims experiencing severe damage in the form of injury or property loss are also eligible for compensation against a Hit-and-Run case. It helps to cover accident costs relating to medicines, repairs, and other losses.
• Family Members Of Deceased Victims: When a Hit-And-Run accident results in the death of an individual, then a legal assistant or family member of the victim can apply for compensation. A claim of this nature supports the family for funeral expenses and provides financial support in those critical moments.
   

Wrapping It Up!

A Hit-And-Run case is not only a legal failure but also a moral one, wherein one causes danger to life and disrupts the social fabric. The law in India has a strong framework for dealing with such cases and ensuring justice for those who have suffered while receiving support for their needs. More importantly, whether you are a victim or perpetrator, it is very crucial to understand your rights and responsibilities. And remember, though the laws can punish, they cannot rewind the damage caused by a Hit-And-Run. So let us be responsible citizens and work towards making the roads safer for all with adequate Motor Insurance, Two Wheeler Insurance, or Car Insurance on our vehicles.

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