Accidents › Road accident claim
Family member died in a road accident
What usually matters in this situation, and the papers to keep ready before you meet an advocate or free legal aid (call 15100).
Make my own list — free, 2 minutesYour situation
- What happened? Someone died
Where you stand
- Next step Compensation is claimed before the Motor Accident Claims Tribunal; many settle in Lok Adalat.
Papers to gather
- FIR copy and the police accident report (DAR)
Primary evidence of negligence and vehicles involved. Where: Police station / online portal. - Hospital records: MLC, discharge summaries, bills, prescriptions
Basis of medical compensation. Where: Hospital (ask for certified copies). - Age proof of the injured/deceased (school certificate, Aadhaar, PAN)
Age affects the multiplier used for compensation. Where: Your records. - Death certificate, post-mortem report, legal heirs' details
Needed for a death claim. Where: Registrar, hospital, police. - Spot photos/videos, CCTV request, witness names
Supports the claim on negligence. Where: Phone, nearby shops.
You may also need, depending on your answers
- Get an FIR registered and note the number — Claims rely heavily on police records.
- Other vehicle's number, photos, driver details and insurance — The insurer is made a party.
- Income proof: salary slips, ITR, business records, employer letter — Basis of loss-of-income/dependency.
- Your own insurance policies and claim papers — Coordinate claims.
What the law says
Compensation claims go to the Motor Accident Claims Tribunal (MACT). Section 166(3) of the Motor Vehicles Act says a claim must be filed within 6 months of the accident. Its validity is being challenged in the Supreme Court: by interim order of 4 Nov 2025 (ICICI Lombard v. Ayiti Navaneetha), tribunals must not dismiss claims as time-barred under it while the case is pending, and by order of 16 Dec 2025 they may hear late claims but not finalise the judgment until the Supreme Court decides. So file within 6 months if you can; if that time has passed, still file.
General information, not legal advice.
Saboot will also ask
- When was the accident?
- Is the other vehicle known?
- Was a police FIR registered?
- Was the injured or deceased person earning?
Similar situations
- Injured in a road accident
- Hit-and-run — driver unknown
- My vehicle damaged in an accident
- I am accused of causing an accident
- Accident happened months ago and no claim filed
- Police did not register an FIR for the accident
Sources
- ICICI Lombard General Insurance Co. Ltd. v. Ayiti Navaneetha, Supreme Court interim order, 4 Nov 2025
- Motor Vehicles Act, 1988
The full guide: Road accident — injury, death or vehicle damage claim · All situations