Road Accidents

A. Objectives

To provide you with guidelines on steps to take if you are involved in a road accident.

B. What should you do at the accident site?

1. Be calm, don’t panic and don’t take law in your hands.

2. Particulars of the vehicles, driver / passengers / must be noted.

3. If you have a camera, take some photographs of the accident site.

C. At the police station

If injured get medical aid first and within 24 hrs make a police report at the hospital or nearest police station and get a certified copy of the report.

D. Dealing with the damage

1. Report the accident to your insurance company within the period stated in your policy to get the claim.

2.  Get your vehicle assessed by assessors from the insurance company at authorized workshop.

3.  If injured, arrange for the copies of medical reports if possible.

E. Keeping Records

Keep a proper record of all the documents.

F. Claiming for damage to your vehicle

1. Claim from your insurance company.

The insurance company pays the difference between your claim and excess amount so your claim must exceed the excess clause.

2. Claim from the other party’s insurance company

Engage a lawyer if you want to claim damages from the other party’s insurance company.

G. Engaging a lawyer

Choose your own lawyer if you want to file a claim.
H. What will your lawyer do?

- prepare the statement, examine the documents, and explain the types and quantum of claims that may be granted.
- write letters to the police station, hospitals and insurance company for copies of the reports.
-  file a civil suit. Parties are free to arrive at a settlement anytime.

I. What can you claim?

a) Special damages

Deal with specific monetary expenses, incurred by the claimant as a result of the accident like repairs to vehicles, medical expenses etc.

b) General damages

Compensations for pain and suffering caused.

J. If the matter goes to trial

The Court will decide on :-

(a) Liability – Who is responsible for causing the accident?

(b) Quantum – How much should the injured party receive?
Depending on the responsibility percentage the Court will decide the Liability and quantum

K. Collecting the money

Insurance company will forward the cheque to the lawyer and you can collect the same.

L. ONE FINAL WARNING!

Choose you own lawyer without any tout’s force.