Top 20 FAQs on Accident & Personal Injury Claims – India (2025 Edition)

By JNN Global Law Consortium LLP

1. What should I do immediately after a road accident in India?

Immediately after an accident:

Ensure safety and call emergency services (Dial 100 / 108)
Take photographs of the accident scene and injuries
File an FIR at the nearest police station
Seek medical treatment and preserve medical records
Consult a legal expert to protect your rights

2. Can I claim compensation for a road accident if I was a pedestrian?

Yes. If you were injured as a pedestrian due to another's negligence, you are entitled to compensation under the Motor Vehicles Act, 1988 and can file a claim before the Motor Accident Claims Tribunal (MACT).

3. What is the time limit to file a personal injury claim in India?

Under the Limitation Act, the time limit to file a compensation claim is 3 years from the date of the accident. However, for government or insurance-related claims, shorter timeframes may apply.

4. What is the difference between personal injury and property damage claims?

Personal injury involves physical or emotional harm to a person
Property damage refers to damage to vehicles, houses, or belongings
Both can be claimed under different legal provisions.

5. Can I claim compensation if the accident was partially my fault?

Yes. India follows the principle of contributory negligence. Even if you were partially at fault, you may still be eligible for a reduced compensation based on liability apportionment.

6. How much compensation can I claim for personal injury in India?

Compensation is calculated based on:

Medical expenses
Loss of income
Pain and suffering
Permanent disability (if any)
Future treatment or rehabilitation
There’s no fixed cap, but awards vary depending on case facts and severity.

7. What documents are required for a personal injury insurance claim?

You will need:

FIR copy
Medical records and bills
Proof of identity
Insurance policy details
Driving license and RC of the vehicle (for road accidents)
Witness statements (if available)

8. Is legal representation mandatory for filing a MACT claim?

No, but having an experienced accident and personal injury lawyer from JNN Global Law Consortium LLP improves your chances of maximum compensation and avoids procedural delays.

9. Can family members claim compensation for a fatal accident?

Yes. Legal heirs (spouse, children, parents) can file a death compensation claim under Section 166 of the Motor Vehicles Act and also for loss of dependency, love, affection, and funeral expenses.

10. What is the role of insurance in accident claims in India?

Third-party insurance: Mandatory and covers injury/death to others.
Comprehensive insurance: Covers your own damage too.
Insurers are legally bound to compensate as per policy limits. Legal support can help challenge unfair rejections.

11. Can I claim if I was injured in a hit-and-run case?

Yes. Victims of hit-and-run accidents can claim fixed compensation under Section 161 of the Motor Vehicles Act, via Solatium Fund maintained by the government.

12. What is the Motor Accident Claims Tribunal (MACT)?

MACT is a special court to handle accident-related claims. Cases are typically filed where:

The accident took place, or
The claimant resides, or
The owner/driver of the vehicle resides

13. Are legal aid services available for personal injury victims?

Absolutely. Free Legal Services, are available through recognized institutions like Legal Help Center (Trust), especially for:

Women
Children
Persons with disabilities
Senior citizens
Low-income individuals

14. Can I file a personal injury claim against a government vehicle?

Yes. You can file against a government department or PSU by serving a legal notice under Section 80 of the Civil Procedure Code, followed by a claim petition before the tribunal or civil court.

15. What if the insurance company rejects my accident claim?

You can:

Send a legal notice
File a complaint with the IRDAI (Insurance Regulatory and Development Authority of India)
File a case before the Consumer Court
Or, approach MACT directly

JNN Global Law Consortium LLP handles such appeals efficiently.

16. Do I need to pay tax on compensation received for accident claims?

No. Compensation received for personal injury, death, or disablement is fully exempt from income tax under Section 10(10BC) of the Income Tax Act, 1961.

17. How long does it take to settle a personal injury claim in India?

Timelines vary, but average duration ranges between:

6 to 12 months (simple cases)
1 to 3 years (complex or contested claims)
Hiring reputed legal firms like JNN Global Law Consortium LLP helps expedite the process.

18. Can NRIs or foreign nationals file injury claims in India?

Yes. NRIs or foreign tourists injured in India can file compensation claims through a power of attorney or via legal representation before Indian tribunals or courts.

19. What if I have a permanent disability after an accident?

You can claim:

Permanent disability compensation
Loss of future income
Rehabilitation costs
Special needs assistance
Expert medical assessment and legal help are crucial in proving disability.

20. How do I contact JNN Global Law Consortium LLP for free legal advice?

You can:

Visit https: freelegalconsult.in -- Fill up the online appointment form to schedule your timings with the expert advocates team.
Call our helpline: +91-9962840960
Email: jurisnaresh@gmail.com
Walk into JNN Global Law Consortium LLP Law Firm dedicated to providing Free Legal Services for the public good.