What’s The First Thing To Do After A Car Accident? Here Are 10 Key Steps To Follow

From ensuring safety and seeking medical help to handling legal and insurance matters, this guide provides 10 key actions to follow after a car accident

Accidents can occur within a blink of an eye, but knowing how to respond to them is important for your safety and the safety of others involved. There’s an old saying, "Durghatna se der bhali" (better late than never) which holds true for road safety! Thus, always wear a seat belt, follow traffic rules, and be alert while driving. 

But if the unexpected happens, here’s how to deal with it:

Immediate Actions to Take

1. Stay Calm and Assess the Situation  

The shock of being involved in an accident can be stressful. However, maintaining your cool is essential to help you quickly assess the situation and take further steps. The initial 3-4 seconds after an accident can set the tone for how effectively you manage the aftermath. Take a deep breath, focus on your surroundings and move slowly to check for injuries - both in yourself and others. Try to gauge the severity of the accident calmly. 

Rapid action to take: Press firmly below the nose and above the upper lip (GV26/DU26 points on the face, or the Hitler's moustache area) in a circular motion. This technique can help keep an injured person remain calm and conscious.

• Fact: In 2022, the top 10 states in India including Tamil Nadu, Kerala, Uttar Pradesh, and Maharashtra accounted for 77.9% of all road accidents (4,61,312) in the country, according to the Ministry of Road Transport and Highways.

2. Move to Safety  

Turn on the hazard lights immediately (in some modern cars, they turn on automatically in the event of a crash). If your car could still be driven and you are not severely injured, park it on the side of the road to avoid traffic jams or further collisions. However if the accident is severe, prioritise your safety – especially if there’s a risk of fire or further injury and leave your car where it is. The police may need to investigate the scene so it is best to avoid disturbing the evidence.

If the accident isn’t severe, the victim (whether a pedestrian, driver, or passenger), should try to collect evidence at the scene, such as photos/videos of the accident, injuries, damage to vehicles, or contact information of witnesses, car number of the offending vehicle and details of the driver involved.

3. Call for Emergency Services  

• Dial 108 for an Ambulance: Prompt medical attention can save lives. Even if injuries appear minor, calling an ambulance ensures that the injured receive professional care. If you notice any signs of serious injury—such as unconsciousness, heavy bleeding, or difficulty breathing—do NOT attempt to move the injured person without medical assistance, as it could worsen their condition.

If an ambulance is delayed and the person needs immediate attention, take them to the nearest hospital yourself. Legally, it’s the responsibility of the driver at fault to ensure the injured receive timely care. If they fail to do so, or take the victim to a far-away hospital, criminal charges could be pressed against them.

Expert Tip: If there’s no one around the victim who is bleeding, tear a shirt sleeve and tightly tie above the bleeding area to help stop blood flow. Keep a rapid action kit in the car, a pocket-sized kit which can be a lifesaver in emergencies. This kit includes 2-second pain relief medication, specialised bandages designed to stop heavy bleeding and much more.

You can search for this kit from their website or opt for other similar kits online-

• Dial 100 or 112 for the Police: The victim or any eye witness can/should report the accident to the police as soon as possible. FIR (First Information Report) can be filed in the nearest police station, or a police officer may visit the accident site upon a call being made by the victim or any third person.

Did you know?

An FIR can be filed by the victim/friends/family/witness under sections of the  Bharatiya Nyaya Sanhita (BNS) and Motor Vehicles Act, 1988. Relevant sections might include:

• Section 281 BNS: Rash driving or riding on a public way.

• Section 125 BNS: Causing hurt or grievous hurt by an act endangering life or personal safety.

• Section 106 BNS: Causing death by negligence, if applicable.

• Section 134 MVA: Do not ever drive away from the accident spot to avoid charges of hit and run.

4. Seek Medical Attention  

Even if you or other victims haven't been hurt, it's advisable to get a thorough medical evaluation. Some injuries, like internal bleeding or concussion, may not be immediately noticeable but could become serious if left untreated. A proper body checkup and record from a doctor can be crucial if any disputes arise between the victim and offender regarding the severity of injuries. 

If the victim has severe injuries, the hospital may ask a close relative to fill out a consent form before proceeding with treatments like surgery. If the victim’s family is not physically available at that moment, some hospitals also allow online consent as an alternative. 

5. Preserve Medical Evidence for Further Investigation

Keep all medical reports, including hospital bills, doctor’s consultation, prescriptions, therapy records. Document your pain levels and physical limitations as well. It may sound obvious, but such thorough documentation can strengthen your claim, ensuring you receive fair compensation.  

Medico-Legal Certificate (MLC): Obtaining a medico-legal certificate from a hospital is essential to document injuries sustained in the accident.

6. Claim Compensation 

The Central Government mandates compensation for  victims of hit and run accidents:

•  For death, the fixed compensation is Rs 2 lakh.

For grievous injuries, the compensation is Rs 50,000.

• Insurance: You may also claim compensation from either your own insurance policy or the offender's vehicle insurance if they are covered under third-party liability.

Section 140 ‘No-Fault Liability’ under the Motor Vehicles Act allows victims to claim compensation even without proving the negligence of the offender, as long as a vehicle was involved in the accident. The compensation amounts to ₹50,000 for the death of a victim and ₹25,000 for permanent disability.

7. Inform Your Insurance Company 

Once the medical emergencies are sorted, inform your insurance company about the accident. This should be done promptly to ensure a smooth claims process. The insurance company will appoint an IRDAI-approved surveyor to assess the damage and determine whether the claim is admissible. 

If third-party injuries are involved, avoid moving the vehicle before the insurance company’s inspection. However, if the accident only caused vehicle damage, you can move the car to a workshop before notifying the insurer.

*IRDAI stands for Insurance Regulatory and Development Authority of India

8. Understand Your Coverage

As per the Motor Vehicle Act, having a third-party insurance with your car is a necessity. Go through your insurance policy and understand what all it covers. Pay attention to the coverage limits, meaning the maximum amount your policy will pay you. Check for any extra benefit that your policy might have such as roadside assistance, or medical payment coverage! You can check the add-ons available with your insurance at InsuranceDekho.com. Above all, keep your insurance company’s number on speed dial to avoid having to search for numbers in case of an eventuality. 

In severe accident cases (including Third Party Liability for injury or death), the Motor Accidents Claims Tribunal (MACT) will settle compensation based on several factors, such as the victim's age and the extent of injury. The younger the victim, the higher the potential compensation due to the impact of future earning capacity. 

9. File an Insurance Claim  

After understanding the details, file an insurance claim, providing all necessary details and documents. Most insurers require a First Notice of Loss (FNOL) to start the claims process, which the insured can initiate by calling the insurance company's toll-free number or emailing them with the details of the accident, including their policy number, date and time of loss, and other relevant information. A claims adjuster will assess the damages and inform you about the coverage you are eligible for so cooperate with them fully.

10. Arrange Vehicle Repairs  

Coordinate with your insurer to arrange for vehicle repairs. Ensure you understand your policy's coverage and any out-of-pocket expenses you may have to cover. For a third-party damage (TPPD), compensation is capped at Rs 7.5 lakh, even if the property cost exceeds ₹7.5 lakh, the insurance company's liability is restricted to ₹7.5 lakh, and any amount over this will have to be borne by the insured. If possible, use a workshop that partners with your insurer for cashless repairs. 

Pro Tip: Install a dash cam in your car. The device is attached to the car’s windshield and records every small detail on the road. You can get clear footage of incidents that could be shown to the police or your insurance company.

Legal Rights and Good Samaritan Law

In addition to handling the immediate aftermath of an accident, knowing your legal rights can empower you to make the right decisions.

Did you know? The Good Samaritan Law (guidelines issued by the Supreme Court in 2016 and further codified under the Motor Vehicles [Amendment] Act, 2019), protects a witness or bystander who helps an accident victim from legal liability, harassment, or unnecessary questioning. This law encourages witnesses to step forward without fear of consequences.

Whether you're a victim, a bystander, or the person responsible for the accident, staying calm, prioritizing safety, and following the proper procedures, will ensure the best possible outcome.

Credits:

• Legal advice: Advocate Anant Malik, Managing Partner, Anantam Legal.
• Medical details: Dr Ravi Verma (Emergency and Critical Care), Nirogyam Multispeciality Clinic and Mr. R.D. Bhatnagar, Practitioner of Integrated Medicine, Certified Advanced Nutritionist from Stanford University, and Founder of HBG Care.
• Insurance details: Mr. Kapil Shrivastva, Zonal Head Marketing, Shriram General Insurance.