Crash Claim Compensation Guide

One moment you are travelling on the road, and the next, life changes in an instant. A vehicle comes out of nowhere, hits you or your loved one, and then disappears into the distance. No number plate, no driver, no clue left behind. Along with the pain and shock, there's another worry: "Who will help us now?"

The good news is that you're not alone. The government has set up a Hit-and-Run Compensation Scheme (Solatium Fund) to support victims and their families financially when the offender cannot be traced. Here's a simple, step-by-step guide to help you navigate this process.

So, what is this scheme about?

Basically, it's a financial support for hit-and-run victims when the offenders cannot be traced. This scheme provides financial support to victims (or their families) of road accidents where the offending vehicle or driver cannot be identified or traced, despite reasonable efforts. So, if a vehicle hits and causes death or serious injury to you or your loved one, and then disappears, this scheme makes sure you are not left helpless.

Who can apply (eligibility)?

• You can apply if you are a victim of hit-and-run accident OR You are legal heir of the victim (spouse, children, parents).
• Death or grievous injury is caused by a motor vehicle and the driver/vehicle has fled the scene.
• Vehicle cannot be identified after 3 months of investigation.

Note: If the offending driver/vehicle is identified, then the compensation will fall under other grievous hurt as per Section 164 of the Motor Vehicles Act (stay tuned for details on this compensation).

What You Need Before Applying (Documents Required)

IMPORTANT: Aadhaar card won't be accepted as proof of your age; only School Leaving Certificate or Birth Certificate will be accepted for determining the age of the claimant.

Step-by-Step Process to Claim Compensation

Here's how the claim works from start to finish:

1. Register the FIR

• Go to the nearest police station of the accident site and file an FIR about the accident.
• Include details like time, place, injuries, and any partial details about the vehicle.
• This is the official start of the process.

2. File the Application

• Victims or legal heirs must file a claim using Form I (and other required forms).
• Ideally, apply within 6 months of the accident (though it can be extended up to 12 months with valid reasons) to the MACT or District Office.

3. Claims Enquiry

• A Claims Enquiry Officer (usually the local Tehsildar/SDO) investigates.
• They verify the FIR, medical/post-mortem reports, and confirm who the rightful claimants are.
• They must finish within 1 month (30 days) of receiving your application.

4. Submission of Report

The Enquiry Officer submits their findings in Form II.

5. Review and Sanction

• The Claims Settlement Commissioner reviews the report.
• If satisfied, they issue a sanction order (Form III) within 15 days as per the norms prescribed by Section 166 and Section 168 of the Motor Vehicles Act, 2019.

6. Communication of Order

The order is shared with all stakeholders, including the insurance council.

7. Payment Processing

• The General Insurance Council (GIC) processes the payment.
• Money is directly transferred to the claimant's bank account.
• Normally, within 15 days, though delays may occur if documents are incomplete.

Compensation Amounts

The government has fixed compensation amounts under this scheme:

• ₹2,00,000 (two lakh) in case of death or permanent disability (like loss of both limbs)
• ₹50,000 (fifty thousand) for other types of permanent disability

Timeline at a Glance

Additional Information

Case Scenario of Private Medical Treatment

If you're treated first in a private hospital after a hit-and-run, remember that private medical papers won't be accepted for compensation. Don't worry, you can still use them to get the official government documents you need.

Here's what to do:

1. Keep every bill, prescription, and report from the private hospital safe.
2. File an FIR at the nearest police station. This step is crucial.
3. Take your private medical records, along with your ID/address proof and FIR, to the nearest government hospital or district medical board. They will examine you and issue an official injury or disability certificate. This usually takes about one to two weeks.
4. Suppose your injury has caused a permanent disability. In that case, you may also need to apply online through the UDID (Unique Disability ID)
5. portal, upload your documents, and undergo a mandatory check at a government medical board.

Once this is done, you'll have the government-issued certificates that are required for making your compensation claim. Think of your private records as the starting point, and the government certificate as the final, official stamp that allows your claim to go through.

No Double Payments

If you have already received emergency treatment money under the Golden Hour Scheme, that amount will be deducted from the Hit and Run compensation, and the balance amount will be given to you.

Refund if Another Claim is Granted

If you have already received compensation under the Hit & Run Scheme, but later you also receive compensation from the Motor Accident Claims Tribunal (MACT), you must refund the earlier Hit & Run amount to avoid duplication of benefits.

Dependent Certificate Process (for Dependent relatives)

If you're applying for compensation on behalf of a loved one who passed away in a hit-and-run, you'll need a Dependent Certificate. This certificate simply confirms that you were financially dependent on the victim (for example, a spouse, child, or parent). Without it, the government can't process your claim.

How to get it:

• Visit your local Tehsildar or Revenue Office.
• Fill out a short form and attach documents like your ID, proof of relationship (marriage certificate, birth certificate, etc.), and the victim's death certificate.
• You can apply in person or through the National Portal of India depending on your state.

So, how long does it take?

Usually 7 to 30 days, depending on your state's process. Once approved, you'll get the official certificate that allows you to move forward with the claim.

Key Takeaway

Dealing with a hit-and-run accident is overwhelming in terms of physical, emotional, and financial aspects. This scheme is designed to ensure you and your family don't feel abandoned when the responsible driver cannot be found. Keep your documents ready, follow the steps, and remember: this compensation is your right. Help is available, and you don't have to walk this road alone.

Forms and Resources

Forms and Booklet for Hit and Run Compensation: Download Official Forms and Guidelines