I was in a car accident. What do I do now?
Updated · 6 July 2026
Stop, render aid (Section 134 MV Act), call 112, take photographs, exchange details, and notify your insurer within 24-48 hours. File a MACT claim for serious injury or death.
What are my immediate legal duties at an accident scene?
Under Section 134 of the Motor Vehicles Act, 1988, the driver of any vehicle involved in an accident must:
(1) Stop the vehicle and secure the scene with hazard lights;
(2) Provide medical assistance to any injured person — either directly or by taking them to the nearest hospital. Hospitals must provide treatment without insisting on payment first (per Supreme Court directions in Parmanand Katara v. Union of India);
(3) Provide your name and address and the vehicle registration number to other involved parties;
(4) Report to the nearest police station within 24 hours.
Good Samaritan protection under Section 134A: any bystander who helps an accident victim cannot be detained or questioned harassingly, and is not exposed to civil/criminal liability for assisting in good faith. Don't hesitate to help.
(1) Stop the vehicle and secure the scene with hazard lights;
(2) Provide medical assistance to any injured person — either directly or by taking them to the nearest hospital. Hospitals must provide treatment without insisting on payment first (per Supreme Court directions in Parmanand Katara v. Union of India);
(3) Provide your name and address and the vehicle registration number to other involved parties;
(4) Report to the nearest police station within 24 hours.
Good Samaritan protection under Section 134A: any bystander who helps an accident victim cannot be detained or questioned harassingly, and is not exposed to civil/criminal liability for assisting in good faith. Don't hesitate to help.
How do I document the accident properly?
Documentation determines your insurance claim, criminal defence and civil liability outcomes. As soon as it's safe to do so:
(1) Photograph the scene — position of vehicles, registration plates of all vehicles, damage from multiple angles, road condition, skid marks, traffic signs, injuries, and any witnesses;
(2) Video record a slow walkthrough — useful for reconstruction;
(3) Exchange details with the other driver — full name, address, mobile, driving licence number, vehicle registration certificate, insurance policy number and insurer name;
(4) Note down witness contact details — independent witnesses are gold in insurance and MACT cases;
(5) Get medical attention even for minor injuries — undocumented injuries are hard to claim later. Preserve all medical bills, prescriptions and reports;
(6) Save dashcam footage if your vehicle has one — back it up immediately as the device may auto-overwrite.
(1) Photograph the scene — position of vehicles, registration plates of all vehicles, damage from multiple angles, road condition, skid marks, traffic signs, injuries, and any witnesses;
(2) Video record a slow walkthrough — useful for reconstruction;
(3) Exchange details with the other driver — full name, address, mobile, driving licence number, vehicle registration certificate, insurance policy number and insurer name;
(4) Note down witness contact details — independent witnesses are gold in insurance and MACT cases;
(5) Get medical attention even for minor injuries — undocumented injuries are hard to claim later. Preserve all medical bills, prescriptions and reports;
(6) Save dashcam footage if your vehicle has one — back it up immediately as the device may auto-overwrite.
Do I need to file an FIR after a car accident?
Yes — almost always. An FIR (or at minimum a Daily Diary entry) is mandatory for:
(1) Own-damage insurance claims — insurers will not process without a police report;
(2) Third-party claims — both yours and the other driver's;
(3) MACT compensation claims in cases of injury or death;
(4) Criminal prosecution — if the other driver was negligent or drunk, or if you face false allegations and need to establish your version.
Visit the police station with jurisdiction over the accident site within 24 hours. The investigating officer typically goes to the scene to verify, then registers the FIR. If the station refuses citing jurisdiction (e.g., you and the other driver are from different cities), use the Zero FIR procedure under Section 173 BNSS, 2023.
For minor 'no-injury' accidents settled on the spot, parties sometimes skip the FIR — but you lose the insurance route if you do. Don't skip.
(1) Own-damage insurance claims — insurers will not process without a police report;
(2) Third-party claims — both yours and the other driver's;
(3) MACT compensation claims in cases of injury or death;
(4) Criminal prosecution — if the other driver was negligent or drunk, or if you face false allegations and need to establish your version.
Visit the police station with jurisdiction over the accident site within 24 hours. The investigating officer typically goes to the scene to verify, then registers the FIR. If the station refuses citing jurisdiction (e.g., you and the other driver are from different cities), use the Zero FIR procedure under Section 173 BNSS, 2023.
For minor 'no-injury' accidents settled on the spot, parties sometimes skip the FIR — but you lose the insurance route if you do. Don't skip.
How do I claim insurance after an accident?
Step 1 — Notify your insurer within 24-48 hours via the helpline number on your policy. Most insurers also have apps for first-notice-of-loss.
Step 2 — Survey appointment. The insurer assigns a surveyor who inspects the vehicle (often at a network garage). For minor damage, photo-based assessment may be allowed.
Step 3 — Cashless network garage — preferred for own-damage claims. The insurer settles directly with the garage; you pay only the deductible.
Step 4 — Documentation for the claim: claim form, FIR copy, driving licence, RC, insurance policy, photographs, garage estimate, medical bills if applicable.
Step 5 — For third-party claims against the other driver's insurer — file at the MACT or pursue through the insurer's third-party desk. Time limit: 6 months for personal accident claims; no time limit for MACT under Section 166.
Step 6 — If the insurer delays or rejects unfairly, escalate to the Insurance Ombudsman (free), or file a Consumer Forum complaint (see our consumer complaint guide).
Step 2 — Survey appointment. The insurer assigns a surveyor who inspects the vehicle (often at a network garage). For minor damage, photo-based assessment may be allowed.
Step 3 — Cashless network garage — preferred for own-damage claims. The insurer settles directly with the garage; you pay only the deductible.
Step 4 — Documentation for the claim: claim form, FIR copy, driving licence, RC, insurance policy, photographs, garage estimate, medical bills if applicable.
Step 5 — For third-party claims against the other driver's insurer — file at the MACT or pursue through the insurer's third-party desk. Time limit: 6 months for personal accident claims; no time limit for MACT under Section 166.
Step 6 — If the insurer delays or rejects unfairly, escalate to the Insurance Ombudsman (free), or file a Consumer Forum complaint (see our consumer complaint guide).
Can I claim compensation for injuries from the other driver?
Yes — through the Motor Accident Claims Tribunal (MACT) under the Motor Vehicles Act, 1988. Two routes depending on the case:
(1) Section 166 — Fault-based claim — you must prove the other driver was negligent. No upper limit on compensation; courts use the 'Multiplier Method' from Sarla Verma v. DTC, (2009) 6 SCC 121, factoring in age, income, dependants, and pain/suffering;
(2) Section 164 — No-fault liability — fixed compensation of ₹5 lakh for death and ₹2.5 lakh for grievous hurt, without needing to prove fault. Faster but capped;
(3) Hit-and-run cases — the Solatium Scheme provides interim ex-gratia compensation from the Motor Vehicle Accident Fund. See our hit-and-run guide;
(4) For death cases — file the MACT claim through the legal heirs (spouse, parents, children).
Engage a reputable, specialised motor accident lawyer. MACT compensation is often life-changing — typical awards in serious injury cases range ₹10 lakh to ₹2 crore.
(1) Section 166 — Fault-based claim — you must prove the other driver was negligent. No upper limit on compensation; courts use the 'Multiplier Method' from Sarla Verma v. DTC, (2009) 6 SCC 121, factoring in age, income, dependants, and pain/suffering;
(2) Section 164 — No-fault liability — fixed compensation of ₹5 lakh for death and ₹2.5 lakh for grievous hurt, without needing to prove fault. Faster but capped;
(3) Hit-and-run cases — the Solatium Scheme provides interim ex-gratia compensation from the Motor Vehicle Accident Fund. See our hit-and-run guide;
(4) For death cases — file the MACT claim through the legal heirs (spouse, parents, children).
Engage a reputable, specialised motor accident lawyer. MACT compensation is often life-changing — typical awards in serious injury cases range ₹10 lakh to ₹2 crore.
Reference Citation: Sections 134, 164 & 166, Motor Vehicles Act, 1988
Disclaimer: Content provided here is for general legal knowledge only and does not constitute formal legal advice. If you have an urgent or specific matter, please consult a registered advocate.