Legal Steps to Take After a Hit-and-Run Accident in India: Complete Guide for Victims

A hit-and-run accident occurs when a driver causes an accident and leaves the scene without stopping to offer help or report the incident. These cases are not only morally reprehensible but also legally punishable under Indian law. For victims, the situation can be incredibly traumatic—medically, emotionally, and financially.

In India, hit-and-run incidents have risen over the years, especially in metropolitan cities like Delhi, Mumbai, Bengaluru, and Kolkata. The legal system has evolved to include clear penalties under the Bharatiya Nyaya Sanhita (BNS), 2023, and has provisions for victim compensation under the Motor Vehicles Act.

This detailed guide explains what legal steps you must take immediately after such an incident, how to secure your rights, and how to get compensation and justice—even if the offender remains unidentified.

What is a Hit-and-Run Accident Under Indian Law?

Legal Definition Under Bharatiya Nyaya Sanhita (BNS)

According to Section 106(2) of the BNS, a hit-and-run accident is legally defined as:

“Causing death or grievous hurt by rash or negligent driving and fleeing the scene without informing the authorities or aiding the victim.”

This new legal provision replaced the earlier Section 304A of the IPC and introduced stricter penalties for such offences.

Key Features:

• Applicable when the driver knows an accident has occurred.
  
• Non-bailable offence in case of death.
  
• Knowledge of the act is a key element in prosecution.
  

Real-World Examples

1. A delivery truck hits a two-wheeler and flees, leaving the rider injured.
   
2. A drunk driver hits a pedestrian late at night and escapes without stopping.
   
3. A car crashes into a parked vehicle and speeds away without leaving any contact info.
   

These are not just traffic violations—they are criminal acts under Indian law.

Immediate Actions After a Hit-and-Run Accident

Time is of the essence in such cases. Delays can lead to loss of crucial evidence or rejection of insurance and compensation claims.

1. Ensure Safety and Call for Help

• Call 108/112 (ambulance/police helpline) without delay.
  
• If you’re injured, seek help from nearby people or passersby.
  
• Do not attempt to chase the offender—it can worsen the situation and create safety risks.
  

2. Document Everything on the Scene

Even if you’re shaken, try to collect the following:

• Photographs and videos of the scene, injuries, and damaged property.
  
• Any vehicle details: type, model, number plate (partial/full), colour, make.
  
• Witness contact information: name, mobile number, statements.
  
• Nearby CCTV locations: Shops, traffic lights, residential buildings.
  

This evidence will help in identifying the offender, filing an FIR, and claiming insurance or compensation.

3. File an FIR (First Information Report)

An FIR is legally required to:

• Initiate police investigation.
  
• Process insurance claims.
  
• Apply for compensation under the government’s hit-and-run scheme.
  

How to File an FIR:

• Visit the nearest police station or file online (available in Delhi, Maharashtra, UP, Karnataka, etc.).
  
• Provide detailed written complaint describing:
  
  • Date and time of accident
    
  • Vehicle type (if known)
    
  • Scene description
    
  • List of evidence and witness info
    

You will receive a FIR number, which is essential for all legal claims.

Legal Steps You Must Take as a Victim

Even if the offender is unknown, the legal system offers several remedies to victims.

Step 1: Inform and Cooperate With Police

• Submit all evidence and witness information to investigating officers.
  
• Visit the scene with police if needed.
  
• Request retrieval of CCTV footage from public or private sources.
  

Step 2: Get Medical Reports and Injury Certificates

• Visit a government hospital for MLC (Medico-Legal Case) registration.
  
• Collect:
  
  • Medical bills
    
  • Doctor’s reports
    
  • X-rays or scans
    
  • Injury certificate
    

These documents will be used to:

• Prove injury in legal proceedings
  
• Calculate compensation
  
• File insurance claims
  

Step 3: Consult a Legal Expert

Legal guidance helps avoid delays, missed opportunities, and unfair settlements.

A good accident lawyer will:

• Evaluate if you qualify for compensation under Section 161 of the Motor Vehicles Act.
  
• Assist in filing claim applications or civil suits.
  
• Represent you in Motor Accident Claims Tribunal (MACT) or court.
  

📌 Consult Delhi’s Top Accident Claim Lawyers

Filing a Compensation Claim: Know Your Legal Rights

Compensation Under Section 161 of the Motor Vehicles Act

This section is designed specifically for hit-and-run victims when the offender is untraced.

Type of Loss	Compensation Amount
Death	₹2,00,000
Grievous Injury	₹50,000

This is ex-gratia compensation and doesn’t affect your right to file a civil suit for higher damages later.

How to Apply

1. File an application with the Claims Enquiry Officer (under District Transport Officer).
   
2. Submit:
   
   • FIR copy
     
   • Medical documents
     
   • Income certificate
     
   • Affidavit from witnesses (if needed)
     
3. Get the amount sanctioned by the Claims Settlement Commissioner.
   

🔗 Guide to Filing Accident Compensation Claims in India

Insurance Claim in Hit-and-Run Scenarios

Can You Claim Insurance If the Offender Is Unknown?

Yes, depending on your policy:

• Personal Accident Cover: Often bundled with vehicle insurance, covers your own injuries.
  
• Health Insurance: Can cover treatment expenses even without knowing the offender.
  
• Comprehensive Vehicle Insurance: May cover damage to your own vehicle even if the other party is untraceable.
  

Note: FIR is compulsory for almost all claim types.

Commonly Required Documents

• FIR and police report
  
• Vehicle RC and insurance papers
  
• Medical bills
  
• Repair invoices (if vehicle was damaged)
  

💡 Expert Tip: Notify your insurer within 48–72 hours to avoid claim rejection.

What Happens When the Offender is Caught?

If the hit-and-run driver is eventually traced, two types of actions follow:

1. Criminal Prosecution

• Under BNS 106(2): Up to 10 years jail + fine (for death).
  
• Police will file a charge sheet.
  
• Driver may be arrested, and bail depends on case severity.
  

2. Civil Liability

The victim can:

• File a civil compensation suit under tort law.
  
• Demand monetary damages for:
  
  • Pain and suffering
    
  • Medical bills
    
  • Loss of income
    
  • Emotional trauma
    

🧑‍⚖️ LegalCrusader has successfully secured 6- to 7-figure compensation for victims through both MACT and civil court.

Additional Legal Remedies for Victims

File a Complaint with State Legal Services Authority

Victims from economically weaker sections can request free legal aid.

• Visit NALSA Website
  
• Submit income proof and FIR copy
  
• Get assigned a pro bono lawyer
  

Claim Compensation Under the Victim Compensation Scheme (VCS)

Every Indian state operates a Victim Compensation Scheme, which provides additional financial relief beyond the Motor Vehicles Act.

Check with your State Legal Services Authority for eligibility.

Frequently Asked Questions (FAQs)

Q1: Can I get compensation even if no one is caught?

Yes. Section 161 of the Motor Vehicles Act ensures compensation from the government-funded Hit-and-Run Fund, regardless of whether the driver is identified.

Q2: Is there a time limit to file a claim?

Generally, 6 to 12 months from the date of the accident is the limit. However, earlier applications are processed faster and show urgency.

Q3: What if the FIR is refused by the police?

You can:

• File an online FIR
  
• Approach the SP or DCP with a written complaint
  
• File a complaint under Section 156(3) CrPC in Magistrate Court
  

Q4: Can families of deceased victims claim compensation?

Yes. Legal heirs (spouse, children, parents) can apply for ₹2,00,000 under Section 161 and also pursue higher damages via MACT or civil court.

Internal Resources You Might Need

• Step-by-Step Guide to Filing an FIR in India
  
• Motor Accident Claim Lawyers – LegalCrusader
  
• Understanding Road Accident Law in India
  

Conclusion

Hit-and-run accidents leave victims feeling helpless—but Indian law is on your side. By following the legal steps outlined in this guide, you can safeguard your rights, secure rightful compensation, and hold offenders accountable. If you’re unsure of how to proceed, a reliable legal partner like LegalCrusader can help you navigate the legal maze and achieve justice.