Hyderabad: Road Accident Victims Often Unaware of Major Legal Rights

Hyderabad: A lack of awareness about traffic laws among people and their legal rights post-accident is costing road accident victims access to immediate medical care and rightful compensation, according to legal experts.

There are two main types of compensation after a road accident, one for hit-and-run cases and one for general insurance claims. In hit-and-run cases, filing an FIR (police complaint) is necessary to get money under the government’s scheme. This scheme provides Rs 2 lakh in case of death and Rs 50,000 for serious injuries. But only a few people are claiming this. In 2022, only 205 claims were made, even though there were over 67,000 such accidents. That number rose to 1,362 in the first half of 2023-24, but it’s still far below the actual need.

In other road accidents, victims can still claim compensation through their insurance even without an FIR. Advocate Sandeep Hari explained, “Filing an FIR is mandatory for hit-and-run compensation, but not for insurance claims. Still, many police and advocates think it is required, which creates confusion.”

Victims have only six months to file a compensation claim with the Motor Accident Claims Tribunal (MACT), as per new rules introduced in 2022. Before that, there was no strict deadline. Advocate A. Ramakrishna Reddy said, “Now, a claim petition must be filed within six months. After that, it’s not possible.”

Unfortunately, around Rs 1,000 crore worth of compensation is lying unclaimed in tribunals across the country. To fix this, the Supreme Court has made it compulsory to submit bank account details during the claim process so that the money reaches the right person.

Many people don’t know that hospitals, both private and government, must treat accident victims immediately, even if they can’t pay. Advocate Sandeep Hari said, “All hospitals are expected to serve people. Government hospitals must handle the full treatment. Private hospitals should give basic care and shift the patient to a government hospital if needed. This is based on a Supreme Court judgment and medical ethics.”

The Motor Vehicles Act mandates a scheme for cashless treatment of road accident victims during this golden hour. There is a recent judgement regarding cashless treatment for road accident victims. According to the scheme, each road accident victim is entitled to receive cashless treatment of up to Rs. 1.5 lakhs for up to seven days from the date of the accident. The treatment must be provided immediately at designated hospitals once the victim is brought in.

A commuter P. Aparajitha was surprised to learn this and said, “I didn’t know that emergency treatment is a legal right. Knowing that our law acknowledges emergency treatment as a legal right and not a privilege, reassures me.”

Even though the Good Samaritan law protects people who help accident victims, many are still scared to get involved. They fear police trouble or legal issues. Road safety expert Naresh Raghavan says, “People still don’t know about this law. Because of that, they hesitate to help.” Kharkana Inspector V. Ramakrishna agrees, “Out of many people who see an accident, only a few actually help.”

Due to confusion, people often settle matters on the spot and lose their chance to file claims. Calling 100 creates a General Diary (GD) entry, which is a valid record. Naresh Raghavan advises, “If there’s serious damage, people should call the police, report the incident and seek guidance.”

According to traffic rules, for small accidents, drivers should exchange details like license, vehicle registration, and insurance. In serious cases, the focus should be on checking injuries, calling police (100), and arranging an ambulance. The body of a person who dies in the crash should not be moved, as it is part of a legal investigation.

It’s also important to take photos of the scene right away. Advocate Sandeep Hari stated, “The earlier you take photos, the better. Drivers may try to change positions or switch seats, especially if one was drunk. Dashcams are not required by law, but they are useful and valid in court.”

“If I were a bystander, My first instinct would be to ensure the area is safe and immediately call for an ambulance (108) and the police. I’d check if the victim is conscious and breathing, and try to keep them calm until help arrives, without moving them unless it’s absolutely necessary and assist for first aid,” said Rakesh Sharma, a professor.

Although police say they are running traffic awareness campaigns, experts believe it’s not enough. Advocate Sandeep Hari suggests adding traffic laws and compensation rights to school and college lessons, as well as driver training. He also said that police should be trained to help victims file claims directly.

Naresh Raghavan recommends separating road safety as its own subject and making driver education mandatory before giving licenses. “That way people will know where to go for help,” he said.

Under the Central Motor Vehicle Rules, 2022 (Rule 150A), victims have many rights, including access to various reports, free legal aid, and consideration of the welfare of minor children affected by accidents.

In the end, people need to know that the law is on their side, but for it to work, they need to know their rights and how to use them.

GFX

"Rights Under Rule 150A – Central Motor Vehicle Rules, 2022 Victims are entitled to:"

- Free immediate medical aid.

- Copies of FIR, first accident report, and other relevant documents.

- Access to the detailed accident report (DAR).

- Free legal aid through State Legal Services Authority.

- Assistance for minor children affected by the accident.

Immediate actions after an accident

Ensure Safety: Secure the area to prevent further harm.

Call Emergency Services: Dial 108 for an ambulance and 100 for police assistance.

Avoid moving the victim, unless there's an immediate danger

Provide basic first aid, if trained, while awaiting professional help.

Document the scene: Take photographs of the accident scene, vehicle positions, and any visible injuries.