Motor Accident Law

  • LAWYERS FOR MOTOR ACCIDENT CASES IN CHANDIGARH

    Motor Accident Law refers to the legal rules that ascertain the accountability when there is personal or property damage in case of motor vehicle accidents. This area of the law consists of the principles of negligence, especially when it comes to personal injury cases. In case of a victim of a car accident or kin of the victim, the main concern is to get justice and compensation. The Motor Accident Claims Tribunal (MACT) deals with such matters of compensation. It has the authority to deal with claims made on account of the loss of life of a close one, personal injury, loss of property etc. incurred due to the motor accident. A victim or the legal heirs of people who have died in an accident can approach the Tribunal for compensation. They can make such claims with the help of an advocate. It is pertinent to note here that victims below 18 years of age are not eligible to file compensation themselves and hence would require an advocate to do so. In order to proceed with compensation claims, one requires the assistance of lawyers for motor accident law, who are experts in giving advice, guidance and legal services.The best lawyers in Chandigarh for Motor Accident cases, help in representing MACT cases for the victim himself/herself or for their next of kin in case of death or grave injury. We, at B&B Associates, look into the matter with a great deal of empathy and sensitivity to make sure that our clients do not have to suffer any longer.

    Motor accident claims:

    Under The Motor Vehicles Act, 1988 a claim application is filed under Section 163A, which is determined on the structural basis that is so provided in Schedule-II. A claim application can be filed by an injured person or the legal representatives of deceased, in a prescribed format, making the driver or/and the owner or/and insurer as a party. In some states, a driver cannot be made a necessary party. So far no limitations have been prescribed for the filing of the claim application. further, a claim application can also be filed under Section 166 of the Motor Vehicle Act, where when negligence is pleaded then the claim shall be assessed on the basis of evidential lead and not structural formula. A compensation application arising out of an accident under Section 166 of Motor Vehicles Act can be made by:

    • An injured person, or
    • An owner of the property, or
    • A legal representative/s, where the death is a result of an accident or
    • An agent duly authorized by the person injured.

    Limitation:

    The compensation application is to be made within six months of the occurrence of the accident. The Claims Tribunal may address the application after the expiry of six months, but not late than twelve months if satisfied with the reason as to why the application was not made in time.

    Legal Defence in MACT cases

    At times, there are false compensation claims made against the insurance companies and individuals. In such situations, one requires the assistance of the best lawyers for motor accident law in Chandigarh, who can provide legal defense in MACT cases and discourage misuse of legal provisions. Only on the grounds so mentioned in Section 149(2) of The Motor Vehicles Act, 1988, can an insurance company avoid liability.

    Motor Insurance Claim:

    Filling a claim under a motor insurance policy can be due to either of the two injuries:

    • Injury or damage to the property of someone else also called the “third party”. In such cases reporting the accident to the insurance company and the police, authorities are of at most importance.
    • Damage to a person’s own vehicle which is insured also called the “own damage claim”. In such cases, the person must directly inform insurance company and police and request for a surveyor to assess the loss.

    To do/Not to do

    • Immediately intimate the insurance company,
    • Do not move the vehicle from the spot of the accident,
    • Repairs should be done only after permission,
    • Cashless service will be paid by the insurance company directly.

    With years of experience and dedication, the senior most advocates in Chandigarh fight in order to provide justice and relief in MACT cases. We, at B&B, work meticulously on each fact and provide the perfect draft and legal arguments in each case assigned to our firm.

    Motor Accident Law

    B&B Associates LLP

    Advocates & Legal Consultants

    Head Office SCO 45-46, Sector 11, Panchkula, 134109

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    MACT Claim

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