Motor Accident Claim Cases
- In this type of cases, losses are due to motor accidents by which one party suffered a loss or lost a life.
If you met with an accident on the road
Motor Accidents Claims Tribunal MACT deals with matters related to compensation of motor accidents victims or their next of kin .The Tribunal deal with claims relating to loss of life/property and injury cases resulting from Motor Accidents.
MACT Courts are presided over by Judicial Officers from the State Judicial Service. Now these Courts are under direct supervision of the Hon’ble High Court of the respective state.
What To Do If You Are Involved In A Road Traffic Accident
Even though a lot of confusion takes place after a traffic collision, there are a few things you should be sure to do if you are involved in a road traffic accident.
These few steps will help ease the road traffic accident claims process, so be sure to do the following if you can;
• Share information with the other party. This includes phone number, names, insurance details, addresses and car registration numbers.
• Take photos of the accident. This is a helpful precaution as it gives vivid details of the collision. In addition, it will help you to keep track of where the accident occurred.
• Write down the model of the other parties vehicle, the colour, year and the amount of damage suffered.
• If there are any witnesses around, take down their information as well.
• Be sure you note down who the owner of the car is in case he/she was not the driver.
• Refrain from discussing the accident. Issues such as who was in the wrong, how to go about reporting it to the insurance companies etc. should be avoided.
• Make sure to report the accident to the police just in case of future disagreements with the other party.
• Inform your insurance company of the accident as well. This should be done as soon as possible.
Who can file claim: Victim himself or through his Advocate, in the case of personal injury. Through advocate in case of minor applicant below the age of 18 years. Legal heirs themselves or through advocate in the case of death.The owner of the vehicle in the case of property damage.
What all documents should accompany the petition ?
1. Copy of the FIR registered in connection with said accident, if any.
2. Copy of the MLC/Post Mortem Report/Death Report as the case may be.
3. The documents of the identity of the claimants and of the deceased in a death case.
4. Original bills of expenses incurred on the treatment alongwith treatment record.
5. Documents of the educational qualifications of the deceased, if any.
6. Disability Certificate, if already obtained, in an injury case.
7. The proof of income of the deceased/injured.
8. Documents about the age of the victim.
9. The cover note of the third party insurance policy, if any.
10.An affidavit detailing the relationship of the claimants with the deceased.
Motor Accident Claims Tribunals (MACT) decisions on Negligence
Motor Accidents Claims – Filing of the Claim Petition
Motor Accident Claims Tribunals (MACT) decisions on Negligence
The Road Traffic Accident Claims Process
Road traffic accident claims should be made after the accident occurs. Seek medical assistance following the accident, ensuring that you get a diagnosis from the doctor as this will be useful when making your claim. This information is helpful because it indicates the details of your injury and the costs which have been incurred.
It is advisable to seek legal representation to help you through the claim. Since most people usually have car insurance, the claim should not be difficult to complete. Before taking up the legal service option, ensure you understand how much the process may cost.
Insurance Claims After an Accident: The Basics
If you’ve been injured in an accident, you’ll want to file an insurance claim with either your insurer or the insurer of the responsible party as soon as possible (but after seeking medical attention). The claim is the first step toward being compensated for medical expenses, lost wages, or other damages resulting from the accident. This article covers the basics of insurance claims after an accident, including the following topics:
- The difference between first party and third party claims;
- The insurance claims process;
- Denial of claims and the appeals process; and
- Calculating the value of an insurance claim.
First Party Claims vs. Third Party Claims
There are two types of insurance claims: first party claims and third party claims. While a first party claim is one you file with your own insurance company, a third party claim is one you file with the insurance provider of another person or business. Most insurance holders have coverage for third parties who are injured as a result of their actions.
The type of claim you file will depend on who was at fault in the accident, the type of accident that occurred, and the extent of your insurance coverage. For example, if you caused an accident while driving in your car, you should probably file a first party claim with your auto insurance provider. On the other hand, if you were hit by a car while crossing the street or were involved in an accident while a passenger in a car, you should file a third party claim with the driver’s auto insurance provider. Alternatively, if you were injured while shopping in a store or eating at a restaurant, you can file a third party claim with the business’ insurance company.
The Insurance Claims Process
Whether you were injured in an automobile accident, at a home or building, or while visiting a business, you typically must report the incident to the insurance company within 24 hours of the incident. If you weren’t at fault for the accident, you should contact the insurance provider of the business, building owner, or at-fault driver. You’ll probably be required to provide information about the cause of the accident and the extent of your injuries.
The insurance company will then open an investigation of your claim. You may be asked to provide photos of the accident scene, the names of any witnesses, or a more detailed account of the incident. In addition, you will probably have to submit to an independent medical examination by a doctor of the insurer’s choice. If the injury was caused by a building condition, the claims adjuster may make an inspection of the property.
After calculating the value of your claim, the insurance company will then issue a settlement check. If your claim is denied or if you believe the amount of the settlement is inadequate, you can appeal to the insurance company. An appeal may require you to submit to additional examinations or provide further information and evidence about the accident.
Denial of Claims and the Appeals Process
There are a number of reasons why your claim may be denied. For example, you may have waited too long to file your claim or failed to submit to an independent medical examination. Alternatively, the type of accident you were involved in may not be covered under your insurance plan.
Whatever the case may be, you’ll receive notification from the insurance company if your claim is denied. It is then up to you to appeal the denial of claim. Appeals procedures can differ from company to company, so you should take a look at the policy in question to learn about the appropriate next steps. If you have questions about the appeals process or if your appeal is denied, it’s probably in your best interests to consult with an insurance attorney.
Calculating the Value of Insurance Claims
While medical expenses and lost wages are usually pretty cut and dried, it’s difficult to place a dollar amount on the pain and suffering a person experiences after being injured. Insurance companies have developed damages formulas to calculate how much to pay the injured for these types of non-monetary losses.
The insurance claims analyst first adds up all of your medical expenses. If the injuries aren’t too serious, this total is typically multiplied by 1.5 or 2 to determine the amount of your “special damages.” However, if the injuries are severe, the total may be multiplied by 5, or even 10 if the injuries are extremely debilitating. Once the special damages amount is determined, the analyst adds your lost wages to determine the amount of your settlement. You can then often negotiate with the insurance company to obtain a higher settlement.
Have Your Claim Evaluated Free of Charge
If you’re wondering why your insurance claim was denied or you believe the amount of your settlement is inadequate, a great first step is to have an attorney evaluate your claim. Fortunately, you can do so free of charge by contacting an experienced accident attorney for a free claim evaluation. An attorney will be able to answer any questions you may have about your claim and advise you about your options moving forward.
Here are a few Important Decisions by regarding Motor Accident Claims. Use the comments section to add your own list so that all benefit from it.
How To Claim For A Road Traffic Accident
Road traffic accidents can result in a variety of injuries from relatively minor cuts and bruises to more serious life-threatening injuries. The process of gathering the relevant evidence to pursue a claim for negligence and liability can seem daunting. However, we have many years of experience in pursuing road traffic accident compensation claims and can assist you in the initial information gathering process.
Once we have agreed to take on your claim we would immediately set up a free medical examination in your local area. This allows us to take advice from qualified third parties who will confirm the severity of your injuries and estimated recovery time. These elements are central to any RTA compensation claim as they will dictate the potential loss of earnings, additional costs and how the injuries may impact areas of your working and personal life. We would also look to gather additional evidence such as photographs and witness statements, where applicable, together with CCTV footage if available. These would be presented to the courts in conjunction with your account of the incident.
Where there is strong evidence of negligence there may be an opportunity to secure an early compensation part-payment to cover immediate expenses (which would be included in and then deducted from any final award). The vast majority of road traffic accident compensation claims tend to be settled out of court when there is irrefutable evidence and the defendant wishes to minimise their financial exposure. Out of court settlements are effectively roundtable meetings, in which we have significant experience, where representatives of the claimant and defendant will seek to agree a compensation award.
In instances where it is not possible to come to an agreement, or negligence in the RTA claim is disputed by the defendant, your case will go before the courts. At this point we will present your case to the judge and if you are called as a witness we will guide and advise you. It is nowhere near as daunting as many people assume and we will be with you every step of the way. Your road traffic accident claim will be handled in a professional manner as we look to maximise the level of compensation.
Evidence In RTA Claims
To be able to make an effective RTA claim, proof has to be provided that indicates the accident was due to the other party’s negligence. We will assist you with gathering all the evidence required to make a strong claim.
To go about this, hospital documentation is necessary, which will show a list of injuries suffered as well as costs incurred. As mentioned above this will be arranged for you in your local area and is required to establish what compensation could be claimed for regarding issues such as your pain and suffering.
Any days missed from work should also be included as proof of loss of income due to the accident. Road traffic accident claims could otherwise be unsuccessful without such proof. In addition, to determine how much compensation for a car accident claim for example should be awarded, the documentation is vital.
These are the necessary steps to go about making a personal injury compensation claim;
• Get in touch with a road traffic accident solicitor to handle your claim.
• Present your personal information, which includes name, address, phone numbers etc.
• Date and details of the accident should also be presented. Whatever information you collected on the day of the accident or thereafter is also required at this point.
• Any police reports, as well as reports and diagnosis from your doctor, should be submitted.
• Present the other party’s name as well as names of any witnesses.
Compensation for each claim varies. Personal injuries can range from anything under £1,000 to over £200,000 depending on the severity of the injury. Whiplash injury compensation can vary between less than £800 to £5,000 or over while airbag injury compensation can start from £2,500.
If you have any queries or questions regarding claiming compensation please call us on 9717007044 or contact us by using the form on the page or through the contact page and we’ll be happy to answer them.
Though it is better to avoid collisions and in case you are involved in one, adhere to the above steps and you might just see your road traffic accident claims get you compensated.