How to Handle Hit and Run Accidents in India?

What is Classified as Hit and Run Accident?

A hit and run accident happens when a driver causes an accident and leaves the scene intentionally without stopping to help or provide their details. This applies to accidents involving other vehicles, cyclists, pedestrians, or even property damage.

Legally, an accident is classified as a hit and run if:

• Driver fails to stop
• Driver refuses to share their contact and insurance information, or
• Driver does not assist an injured person

Road Accident Scenarios

As per the official data, 67,387 hit and run cases were reported in 2022 alone, resulting in the deaths of 30,486 people. This was the highest in the last ten years. These statistics show how roads have become disastrous for the public. Major contributors to these accidents include rash driving, violation of traffic rules, and lack of concentration. Also, these statistics show how important it is to have the right bike insurance policy to protect your two-wheeler and third-party liabilities in case of an accident.

Let us help you understand the road accident scenarios with the help of examples:

1. Case Scenario 1: When You Are a Victim

   A vehicle accidentally hits your bike and flees from the accident spot without providing his/her contact details. Here, you will be the victim. In this case, finding the responsible driver can be challenging, making it difficult to recover damages. If you manage to identify the offender, you can claim compensation under their third-party bike insurance. However, if the driver remains unidentified, you will have to bear the repair costs yourself.

2. Case Scenario 2: When You Are a Perpetrator

   When your insured bike accidentally hits a third party in a road mishap, you will be the perpetrator. This indicates that you are the faulty driver, and you are liable to cooperate with the third party. As third-party liability coverage is mandatory for all vehicle owners, so you have to compensate for the damages caused to the third party. It is highly advised not to escape from the accident spot and pay for the damages caused to the third party.

Process to Handle a Hit and Run Case

Depending upon whether you are a victim or a perpetrator, the process to handle a hit and run accident is as follows:

If You Are the Victim

If you are the victim in a hit and run accident, follow the steps below:

• Step 1: Check for injuries, if any, and seek medical attention immediately.
• Step 2: Try to gather key details about the other vehicle, such as the registration number, make and model, etc. If possible, remember any details about the driver as well.
• Step 3: Contact the police as soon as possible and provide all details about the accident. A police report is crucial, especially when filing a bike insurance claim.
• Step 4: Inform your bike insurance company about the incident and share the police report along with any evidence you have.
• Step 5: If needed, seek legal advice from a lawyer to understand your rights and what legal action you can take against the offender.

If You Are the Perpetrator

If you are responsible for a hit and run accident, taking the right steps can help minimise legal consequences:

• Step 1: Contact the police immediately and provide an honest account of what happened. Fleeing the scene can lead to severe legal consequences.
• Step 2: Notify your insurance company about the accident and provide all necessary details to avoid complications with bike insurance claims.
• Step 3: Since hit and run cases involve legal penalties, consulting a lawyer can help you understand your options and navigate the legal process.

Hit and Run Compensation in India

In India, victims of hit and run accidents are entitled to compensation under Section 161 of the Motor Vehicles Act. The compensation amounts are as follows:

• In case of death: ₹2,00,000 is provided to the victim's family
• In case of bodily injury: ₹50,000 is given to the injured person.

NOTE: If you are ever involved in such an incident, you can avoid legal trouble by stopping, offering assistance, and reporting the accident to the concerned authorities.

Legal Consequences of Hit and Run Case

The new hit and run law under the Bharatiya Nyaya Sanhita (BNS), introduced in December 2023, imposes stricter penalties for drivers who flee an accident spot without helping the injured.

Section 106(2) mandates up to 10 years of imprisonment and a fine for those who leave without informing the police. Section 106(1) prescribes a lighter penalty of up to 5 years in jail for drivers who report the accident but are responsible for fatalities due to reckless driving. Along with this, you can face driving licence impounding or cancellation by the traffic authorities.

How to Claim Bike Insurance After the Accident?

Take a look at the steps to raise an own-damage bike insurance claim in case of a road accident:

• Step 1: Inform your insurance provider about the accident. Make sure you inform the insurer as early as possible.
• Step 2: The insurance provider will send the surveyor to inspect the situation and evaluate the damages.
• Step 3: The surveyor will send the insured bike to the network garage in case of cashless claim or to any of the nearby non-network garage in case of reimbursement claim.
• Step 4: Depending upon the two-wheeler insurance claim type, submit the required document, including photographs and CCTV footage, to the insurer.
• Step 5: The insurance provider will settle the claim after verifying the submitted documents carefully.

Documents Required for Filing a Bike Insurance Claim

To process your bike insurance claim smoothly, you need to submit the following documents:

• An accurately filled and signed claim form
• A copy of your bike's Registration Certificate (RC)
• A copy of your Driving License (DL)
• Your active two-wheeler insurance policy document
• A police FIR
• The original repair bill along with the payment receipt
• Proof of vehicle release from the garage

What to Do if Someone Hits Your Bike?

If a vehicle hits your bike in an accident, ideally, that third party should pay for the damages caused to your bike. But unfortunately, if he/she left the accident spot without acknowledging the instance. In such a case, you might be wondering what to do next.

Here's what you must do if your bike is damaged in the run-and-hit incident:

1. Find the Offender's Details

   The first thing to do is to remain alert and calm simultaneously. Avoid following the offender as you might lose access to significant witnesses at the accident spot and might not catch the offender. Try to note down or take picture of the fleeing vehicle's number plate as it can help you find the vehicle owner details on the VAHAN web portal. Also, this information will help the police to gather other crucial details related to the accident.

2. Find Witness to the Accident

   The next to-do-thing is to find the witness and talk to him/her. Try to find the people who witnessed the whole accident scene. This will strengthen your hit and run insurance compensation.

3. Call the Police and Register an FIR

   Park your damaged bike aside and call the police to file an FIR with the police. The police will begin the investigation after the case is filed and might find the fleeing driver.

   In fact, many bike insurance companies ask their policyholder to submit a copy of the Police FIR to raise a third-party bike insurance claim. Therefore, you might have to submit the FIR copy to the offender's insurer.

4. Look for Any Security Cameras

   It would be a great aid if you find any security cameras that might have captured the whole accident. Generally, highways have security cameras installed. If you find any recording of the accident, take a copy of the footage as it will act as evidence for you.

5. Take Photographs of Accident Spot

   Take pictures of the accident spot and your damaged bike. After all, it will act as evidence for the police investigation. Also, these will help in getting your claims approved by the insurer.

6. Inform Your Motor Insurance Provider

   It is your foremost duty to notify your insurer about the incident at the earliest. It will help you in raising claims for own-damage under your comprehensive bike insurance policy. Send the pictures and CCTV footage from the accident spot to your insurer.

What Not to Do After a Hit and Run Accident?

If you are the victim of a hit and run case, make sure you keep the following things in mind:

• Do not leave the accident scene as it can be risky and may worsen the situation.
• Do not move your insured vehicle from the accident spot until the surveyor arrives, inspects the situation, and sends your bike for repairs.
• Do not leave the accident spot without gathering important details like the offender's vehicle's make, model, colour, and license plate number.
• Do not delay in notifying the police about the incident.
• Do not forget to check for people nearby who may have seen the incident and can provide useful information.
• Do not skip medical attention even if you feel fine, as some injuries may not be immediately visible.
• Avoid discussing fault on the scene and wait for law enforcement to assess the situation as some of your statements that could be used against you.