Whose responsibility is it to take the victim to the hospital?
The driver and / or owner of the motor vehicle responsible for a traffic accident is obliged to take all reasonable measures to ensure immediate medical care for the injured person.
What is the golden hour?
The “golden hour” refers to the one hour period after a traumatic injury during which there is the greatest likelihood of preventing death with immediate medical attention.
What is golden hour cashless treatment?
Section 162 (1) of the Motor Vehicle Act (amendment) of 2019 provides for a system for cashless treatment of victims of traffic accidents during the golden hour.
What if you are not insured at the time of the accident?
Regardless, the car owner / driver is obliged to pay the claim along with the compensation in accordance with the law, so insurance coverage for the victim makes no difference. The car owner must have mandatory insurance coverage in their insurance policy.
Who is liable for accidents if the vehicle is traveling with a friend or an owner’s driver?
The person who drives is penalized under Section 279, 337, 338, and 304A IPC, while the penalty under the Motor Vehicle Act of 1988 is attracted to the car owner.
What if you gave your vehicle to someone who doesn’t have a valid driver’s license?
In this case, both the vehicle owner and the driver are liable for damage and compensation in accordance with applicable law.
What if an accident is caused by teenagers?
The owner of the vehicle or the juvenile’s guardian will be found guilty of such crimes committed by the juvenile. In cases where the owner and / or guardian can demonstrate that the offense was committed without their knowledge or that they took all reasonable care to prevent the commission of such a crime, the owner or guardian shall not be liable. If the adolescent has been issued a driver’s license in accordance with Section 8 of the Act and he drives a vehicle that he is allowed to drive under the license, the liability does not lie with the owner. If the liability / injury is fixed on the juvenile, that juvenile will be punished under the law and any imprisonment will be regulated and amended under the Juvenile Justice Act of 2000.
Do I have to go to court if I am claiming personal injury?
If another driver insurance company agrees to pay what your lawyer thinks your case is worth and you choose to pay that amount, your case will not be brought to court. However, if the claim is not resolved, the remedy is to file an appropriate claim with the Court of Justice.
Compensation for accident victims
In the event of the death of their child and their relatives, the applicant can request compensation in accordance with Section 140 or Section 163A of the Motor Vehicle Act (amendment) of 2019. According to § 140 a fixed compensation can be claimed, while according to § 163A a compensation is determined by a formula according to the law. Compensation in excess of Rs. 5,00,000 / – can only be claimed under Section 163A.
What if I wasn’t wearing a seat belt at the time of my accident? Can I still claim damages?
This depends on the condition in which the accident occurred. In some states, failure to buckle up may negate or reduce compensation due to negligence, while in other states compensation is not reduced because a seat belt is not worn
What if the victim dies in a traffic accident?
The driver of the vehicle will be fined under Section 304A of India’s Criminal Code 1860. In the event of criminal prosecution, an accident / death will be determined which was caused by rash and negligent driving
(The author, Prachi Mishra, is an attorney at the Supreme Court and an additional attorney general in Chhattisgarh.)