Motorcycle Accident Personal Injury Claims
under Indian Law
Injuries, financial loss, emotional distress are just a few examples of the potential life-altering consequences arising from Motorcycle Accidents. Navigating an otherwise unmanageable and complex legal system to file personal injury claims would be pretty unsettling.
Under Indian law, however, victims of motorcycle accidents can exercise several rights that could help them obtain compensation.
This article is a guide on how Motorcycle Accident Personal Injury Claims work in India, using real-life examples to highlight the complexities involved.
Two-wheelers have emerged as the most preferred vehicle for Indians. According to the National Crime Agency, two-wheeler accidents would claim more than 30 percent of all deaths on Indian roads by 2022.
Accidents and Injuries due to two-wheelers in India
The severity of the injury can rise to a serious extent with a reasonable amount of medical expenditure and lost wages at the workplace, in fact. Most people’s road to recovery can sometimes prove to be both physical and financial.
This can bring some compensation to the loss of the victim, but the process is involved, cannot be as smooth as thought by everybody. The Indian law in particular, that is, the Motor Vehicles Act of 1988 governs the principles under which the claim is allowed. As a matter of fact, most of the victims are not aware of all these provisions or get entangled in legal and procedural hurdles to delay justice.
The Struggles That Patients Who Were Involved in an Accident
Go through motorcycle accident personal injury claims under the Indian law. Some of the struggles people face during this process are as follows:
Lack of Information: Many of the accident victims lack information about their legal rights and how to go ahead with a personal injury claim. They will keep off fearing that the whole thing might be expensive or not knowing how the system works.
Insurance Delays: Even in the event that the victim lodges a claim, there is a likelihood of substantial delays from the insurance firms. Such delays may set in instant financial problems in that medical expenses, and other costs keep increasing up.
Legal Complications: There are complexities that come with personal injury law, and the burden of proof goes to the victim of the crime. You must establish that the other party was negligent, an issue that involves the availability of quality evidence, a law knowledge, and sometimes witnesses.
Emotional and Physical Trauma: The experience of filing the lawsuit while suffering through physical pain and stress at emotional levels is very tiring. Most victims lose interest midway and feel that they should drop their cases since it would not matter anyway.
Small Amount of Compensation: In addition, even if the case appears to favor them and an award is granted, the amount received by the victim may be woefully inadequate in order to cope with permanent disabilities or source of income loss.
Let us now take a case study that represents these challenges.
Case study: Real Life Example
In 2021, a 35-year-old software engineer, Ramesh from Bangalore was riding his two-wheeler when the car driver jumped the red light and crashed into it. Multiple fractures and damage to the spine were the results. The victim lay in his bed for months; his hospital bill exceeded ₹10 lakhs, and he lost six months of work.
Ramesh filed the case under the Motor Vehicles Act, 1988. So he also filed his claim for compensation on medical expenses, loss of income, and mental agony also. But then he was put to various test, It’s for this reason that, while the driver of the car denied running the red light himself, Ramesh had to collect evidence about the other person’s negligence. Perhaps it is for this reason that some time may have been consumed and hence delayed the case.
Insurance Company Backlash: The insurance company first offered a small ₹3 lakhs to Ramesh, stating that he wasn’t disabled for life. It claimed that the rest of the bill was fraudulent.
Attorney Cost: An attorney didn’t come cheap; however, Ramesh knew that he needed to employ proper legal advice to untie all that he could be entitled to in the Indian courts system.
After one full year of litigation, Ramesh was able to obtain ₹8 lakhs in compensation to him at least, far less than he had even hoped for but enough to pay for most of his major medical expenses and a fair part of his lost income. As with his other case, it stands starkly against the uphill struggle that most victims face when taking claims for motorcycle accident personal injuries into India.
Solution: Assisting your Client to Navigate the Claim Process Successfully
All facts aside, motorcycle accident personal injury claims in India still find ways of efficiently being addressed. And here’s the way it’s done, step by step:
1. Seek Immediate Medical Care
Seek medical care right away after the accident. You would receive a professional evaluation. Even your injuries seem minor, request for a medical report. That would be outstanding evidence when making the case for personal injury.
2. Lodge a First Information Report (FIR)
To file an FIR with the police station where the accident has taken place. An FIR is to act as a court document, which is needed in the court when the case is brought up
3. Collection of Evidence
The more evidence one has, the better. Take pictures of the accident location and statements of the people who have witnessed the accident including footage if captured in the CCTV. Negligence from the opposite party is the main point of consideration for a valid claim.
4. Informed to the Insurance Company
Inform your insurance company about the accident immediately. Even if you are not responsible for this accident, report it to the insurance company. All communication records must be kept. This will keep following up on claims so that this process is not delayed.
5. Representation of your Lawyer
Although you may independently file a claim, having an attorney specializing in personal injury claims will help better your case. Your attorney will help ensure that all paperwork is properly filled out and submitted on time to be filed.
6. Compensation Type
In India, motorcycle accident claimants receive the following two compensation types:
Special Damages: They are those which involve calculable monetary losses such as medical expenditures, charges for repairing the vehicle, and wages lost.
General Damages: These are paid in respects of non-monetary losses, such as hurt, distress, or loss of amity.
7. Stick to it
At some point, you will come to realize the point that judicial processes do not happen overnight as shown in the case of Ramesh. You should not settle for anything less for such a nominal amount of settlement because your costs won’t be recovered. Get ready for negotiation and court cases.
Important Legal Provisions governing Motorcycle Accident Personal Injury Claims in India
The following are some of the significant legal provisions governing cases for motorcycle accidents in India:
Motor Vehicles Act 1988: The law has laid a provision for third-party liability of insurance for every vehicle. In case of an accident, compensation may be claimed. Section 166, under this act, permits a claimant to seek compensation before the MACT.
Section 140 of the Act No-Fault Liability: The claim for compensation can be done without proving the negligence cases. The amount of compensation in case of death shall be limited to ₹50,000 and permanent disability ₹25,000.
Contributory Negligence: In case the court proves that the victim was to some extent careless (like not wearing a helmet while riding a two-wheeler), then the amount of compensation will be deducted.
Reasonable Expectation of Compensation
The idea of recovery of losses is thus somewhat reassuring. But keep your expectations realistic because compensation, on the whole, depends on numerous factors. The extent of injuries, the age and future earning capacity of the victim are also counted for this purpose.
For example, if you are permanently disabled, the court may provide more money to cover lifetime medical care and loss of earnings. An injury causing only slight damages may not be worth much of a settlement at all.
Conclusion: You Have Legal Rights—Use Them
In the event of a motorcycle accident, the legal rights must be known and implemented on the spot. A motorcycle accident personal injury claim is an arduous task, but there are the proper legal support and evidence to attain what one deserves. A long road stretches before one, but the struggle and preparation are worth it for a positive ending.
A legal mechanism exists to help victims navigate this process towards compensation. Do not be deterred by the jargon-there is a simple reason for studying the system: as your first step to claiming your rights.
Indian law has various ways through which motorcycle accident personal injury claims can be made.
File motorcycle accident personal injury claims fast if you were involved in the motorcycle accident.
To make Motorcycle Accident Personal Injury Claims you would have to be persistent, but it shall be an act of full value.
Disclaimer:
This blog provides general information about Motorcycle Accident Personal Injury Claims under Indian law. For specific legal advice, contact a qualified lawyer or legal expert.