If and when the injured person wants to sue or charge a file against the faulted drivers, they should first and foremost know the laws of the particular state and the provisions that are available from their insurance company policies. In short, all accidents need to be duly reported to the insurance company and the concerned law enforcements.
Here below are the steps to make an insurance claim from the third party:
- Inform first to the insurance company about the accident and the damages within the stipulated time.
- Then, get the other drivers insurance details and intimate their insurers about the accident.
- Fill an FIR by intimating the police.
- Record the details in the FIR about the driver, the car and the witnesses.
- File and submit the claim application of the car incident injuries against the third party to their insurers.
- Once this is done, the case needs to be filed with the Motor Accident Claims Tribunal that has the jurisdiction over the incident area or with the tribunal that has the jurisdiction of the claimant (the victim) and the defendant (the third party) place of residence and business.
Note: the above steps also apply to when and if the accident and damages are ‘own damage’. Just that here the claim is made to the person’s own insure only. Also, making any statement to the police and the insurance company should be avoided when not clear about the next step.
Documents that are required to make the claim are (in both own- and third-party damage):
- Insurance Policy copy
- FIR sheet filed with the police- ensure that the third party’s car registration number, license number, name and contact details of any witnesses are written down.
- The claim form that is accordingly filled and signed
- The car’s registration certificate copy
- Driving License copy
- Damage repairs total estimation copy
- In the cases of a physical injury, medical receipts are also submitted
- Other expenses related to the accident original copies.
The few don’ts to know when filing for claim after the accident:
- Don’t move the vehicle or run from the accident spot as this action may delay in the claiming process.
- Don’t even start the repair work to the car before getting the approval from the concerned insurance company.
- Don’t hide facts on interrogation as false statements may lead to claims getting invalid and rejected on unclear information grounds.
- Don’t make a settlement with the third party without prior information to the insurance companies and the police. This is something illegal that many people are not aware of. And it can hinder the process of any claimants in the future.
- Finally, don’t sign any settlements and documents in haste. Make sure that every policies of the company are being read and reviewed. Obtain a legal advice before signing any releases.