What Should You Do If You Are a Victim in a Road Accident? — A Complete Legal Guide (India) | By Adv. Shiva Kumar Eppakayala

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Being a victim of a road accident is painful — physically, emotionally, and financially.

Most victims lose their rightful compensation because they don’t know what to do immediately after the accident.

This article explains exactly what a victim should do to protect their rights and build a strong legal case.

1. First Priority: Your Safety & Medical Help

If you are injured:

  • Move to a safe place

  • Call 108 Ambulance

  • Ask people nearby to help

  • Tell the hospital it is a Medico-Legal Case (MLC)

Why this is important:
The MLC record becomes your strong evidence in the MACT claim and in the criminal case.

2. Call the Police (100/112) Immediately

If the accident was caused by someone else, police must be informed.
Tell them:

  • Location

  • Vehicle number of the offender

  • Description of what happened

If you are unconscious, your family can report it later.

Police must register an FIR against the offending driver.

3. Collect Evidence at the Spot (If You Can)

If you are conscious or someone with you can help:

  • Take photos/videos of:

    • Your injuries

    • Damage to your vehicle

    • The offending vehicle

    • Road condition, signals, CCTV

  • Note down:

    • Vehicle number

    • Driver details

    • Witness names & phone numbers

This evidence is extremely useful in:

  • Criminal case

  • Insurance claim

  • MACT compensation

4. FIR Must Be Registered

As a victim, FIR is your biggest weapon.

The FIR should mention:

  • How the accident occurred

  • Who hit you

  • Witness details

  • Injuries

Usually offences registered are:

  • Rash and negligent driving

  • Causing hurt / grievous hurt

  • Causing death by negligence (if someone passed away)

If police refuse to file FIR:

  • Send complaint to SP/DCP

  • File complaint online

  • Approach magistrate under Section 156(3)

5. Get Your Medical Reports Properly

Ask the hospital for:

  • MLC copy

  • Discharge summary

  • Bills

  • Prescriptions

  • X-rays, scan reports

These are mandatory for compensation.

6. Take Your Vehicle for Insurance Claim (If You Are the Victim Driver)

Inform your insurance company within 24–48 hours.

Submit:

  • FIR copy

  • Photos

  • Damage proof

  • Hospital bills (for personal accident cover)

7. Police Investigation Process (Victim Side)

Police will:

  1. Visit the accident spot

  2. Record your statement

  3. Seize the offending vehicle

  4. Test the driver for alcohol

  5. File a charge sheet

Later, court proceedings start automatically.

You don’t have to pay anything to police.

8. File MACT (Motor Accident Claim Tribunal) Case

As a victim, you are entitled to compensation for:

A. Injury Cases

You can claim:

  • Medical bills

  • Future medical treatment

  • Loss of income

  • Pain and suffering

  • Disability compensation

  • Transportation charges

  • Attendant charges

B. Death Cases

Family can claim:

  • Loss of dependency

  • Funeral expenses

  • Future prospects

  • Loss of consortium

  • Children education loss

  • Medical bills

Compensation amounts often range from ₹5 lakhs to ₹50 lakhs depending on severity.

9. Compensation From Government (If No Insurance / Hit & Run)

Under the Hit & Run Victim Compensation Scheme:

  • ₹2,00,000 for death

  • ₹50,000 for injuries

Victims often don’t know this benefit exists.

10. If the Offender Tries to Settle at the Spot — Don’t Take Cash

Most offenders try to convince the victim to take ₹5,000–₹10,000 on the spot and close the issue.

This is a trap.

Once you take money:

  • They escape responsibility

  • Police may not file FIR

  • Insurance company will reject claim

  • You lose your MACT compensation

Always insist on FIR.

11. Hire a Lawyer for Claim, FIR, and Criminal Proceedings

A lawyer helps with:

  • Filing strong MACT claim

  • Ensuring FIR is correct

  • Ensuring police conduct fair investigation

  • Getting maximum compensation

  • Appearing in court:


12. Important Do’s & Don’ts for Accident Victims

✔ DO’S

  • Inform police immediately

  • Get medical treatment

  • Keep all bills and records

  • Take photos & videos

  • File MACT case within time

✘ DON’TS

  • Don’t accept money at the spot

  • Don’t let the driver escape

  • Don’t sign any blank papers

  • Don’t repair the vehicle before insurance inspection

Conclusion

As a victim, you have strong rights under the law.
If you act quickly and follow proper procedure, you can get justice, punishment for the offender, and full compensation for your injuries or losses.


For legal help after an accident, contact Adv. E. Shiva Kumar — 9052900066.



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