Most of the time, when a motor vehicle accident occurs, the riders or bike riders are blamed since they are deemed to be careless. But it’s possible that’s not always the case. In contrast, there have actually been more hit-and-run incidents involving seriously injured motorcyclists. They are viewed as the ones at fault rather than being considerate of the harm and even loss of life they frequently face. A motorcycle accident lawsuit can help in situations like these. Do you genuinely understand the legal aspects of litigation involving motorbike accidents? If not, be sure to read this entire essay.
ACTION FOR BICYCLE ACCIDENT According to reports, car accidents have increased recently. If you own a two-wheeler, then knowledge on how to file a motorcycle accident case may be of help to you.
In India, the Motor Vehicles Act, 1988 oversees motor vehicle collisions together with the rules of the Motor Accidents Claims Tribunals (M.A.C.T.). To sum it up for you, if such a case occurs, two possibilities exist:
harm to the health and property of others. damage to one’s own property and health. WHY IS A MOTORCYCLE ACCIDENT LAWSUIT NEEDED? When a motor vehicle accident occurs, it is sometimes pretty obvious that, if you have suffered a loss (physically or financially), you will most likely file a lawsuit to recover it, even if you are not at fault or at least for the portion of the fault that is obviously not your fault. M.A.C.T. generally monitors incidents of motorcycle accidents that occur in the following specified circumstances:
Neither you nor the other person have a valid insurance policy or driver’s license. when it is discovered that one or more of the accident participants were using an illegal route. if any or all of the parties involved were using any illegal substances. if any, some, or all of the accident’s participants were children. A MOTORCYCLE ACCIDENT LAWSUIT’S REQUIREMENTS The first thing that comes to mind in the event of a traffic accident is the sequential process that must be followed in order to determine just compensation. If it was your fault, you must pay back; otherwise, if it was the other party’s fault, you are entitled to compensation. Sounds very easy, doesn’t it? It’s not exactly simple to catch, though. To learn more about that, read the article in its whole, but first things first.
The following documents are necessary for the claimant to proceed:
F.I.R. copy a copy of a current driver’s license or learning permit (in case of a minor). Depending on the situation, a copy of the medico-legal case certificate (M.L.C.) or the death certificate. the original record of the sum erased as medical costs. An affidavit stating the relationship between the deceased and heirs/kin in the event of the motorcyclist’s death. Copy of the wounded or deceased party’s income certificate. Identity proof for the deceased or injured party and their relatives (if required). The history of these litigation so far indicates that increasing your chances of winning by partnering with a lawyer.
ASPECTS IMPACTING BIKE ACCIDENT LAWSUITS When discussing how quickly to file a motorcycle accident case, time is of the essence. Due to the fact that it is completely unreasonable to bring such a claim after a year or so, you cannot. As a result, a fair time limit must be adhered to without being spoken or discussed.
TIME: Depending on the seriousness of the case and the actual loss (permanent disability to work, death, or temporary injuries), the M.A.C.T. compensation sum varies.
The age of the persons involved is a very important piece of information in this case.
The sorts of insurance you’ve chosen play a key part in determining how much compensation you’ll be provided with. AGE OF THE PARTIES:
Type of Insurance: The record of medical expenses speaks for itself, and the discrepancy between what was actually paid for and what was requested is then piecemeal examined. It goes without saying that one cannot claim three lakhs if the record bill only lists thirty thousand in expunges.
WHO WILL BE RESPONSIBLE FOR PAYING THE CLAIM IN THE EVENT OF A MOTORCYCLE ACCIDENT? RECORD OF MEDICAL EXPENSES The most contentious issue that keeps those responsible for a car accident on the hook is this one. Regardless of whether the individual offender confesses to their crime or negligence, the insurance company is typically held accountable. It should be noted that having third-party insurance is required in India as per the Motor Vehicle Act of 1988.
You might not be aware of this, but the responsible party’s insurance coverage at the time of the accident could have been valid or invalid. Therefore, the onus of making a claim instantly shifts on the owner of the vehicle if there is no valid insurance. What happens if the owner declines to honor the claim? That is precisely where the M.A.C.T. Pilot Courts enter the picture to make a decision and render a just judgment.
Another query is, who would you approach for compensation if, as in a hit-and-run situation, you were unable to observe or obtain information about the responsible party? The amount of compensation must be paid out of the Solatium Fund, which was principally established by the Motor Vehicles Act of 1988 for this purpose. The Enquiry Officer will calculate the compensation amount based on the case and its severity.
The claimant has six months to provide the necessary paperwork. However, if a valid excuse existed for the delay, it might be presented within a year, but the Enquiry Officer would have final say.
Usually, this payment is made within 15 days of the tribunal’s or court’s order being issued.
WHAT DOES NO-FAULT LIABILITY MEAN IN AN ACCIDENT WITH A MOTOR VEHICLE? In a motorbike accident litigation, no-fault liability refers to the situation when the vehicle’s owner is required to pay damages while having no responsibility or wrongdoing (Section-140, Motor Vehicles Act). The following is the financial compensation for the same:
50,000 INR if the accident results in death If the accident results in long-term disability: 25,000 INR Okay, let’s think about a hypothetical situation so that it will be simple to understand what No-Fault Liability is in reality. Let’s imagine Party A had bought an automobile from Party B, but the paperwork, including the car’s registration, hadn’t been properly transferred into Party A’s name due to certain justifiable reasons. Party A was now operating the vehicle and sending some cargo along with a driver (whom here well suppose to be Party C). The facts pertaining to the car papers were unknown to the driver.
A motorcycle rider named Party D was hurt in the accident and sought compensation from Party C, the driver, for her damages. Since the car did not originally belong to the driver directly, he declined to pay for it.
In this situation, Party D has the option to sue the car owner for damages resulting from a motorbike collision. The matter would be brought before the region’s authorized pilot court via M.A.C.T. Now, among the understated important observations in this case, there are a number of factors that need to be considered:
First of all, it should go without saying that Party A had to obtain the documentation and should only have used the car after that. The driver should have asked about the documents, according to Party C. In light of the aforementioned circumstances, Party A and Party C have both committed mistakes, but not to the fullest extent.
Now, in such a situation, the tribunal has the authority to choose who would receive compensation, taking into account the seriousness of the case as well as other factors like the type of insurance coverage, the parties’ ages, defective road infrastructure, and exceptional circumstances.
If Party B can produce the Sale Letter to the tribunal or court, then the liability would be transferred to Party A. This is true since only that circumstance demonstrates that Party A was the car’s owner at the time of the accident.
If not, the panel might decide that combined compensation is the best course of action and order it. Such disputes are handled on a no-fault liability pattern, meaning that even if a party is not entirely and fully at fault, they still have to pay damages.
We’ve already covered a number of facets of the motorcycle accident case. However, a motorcyclist does not have the right to file a motorcycle accident case if they are at fault, such as when they are driving while impaired by drugs or alcohol, in the incorrect lane, or without a valid driver’s license or learner’s permit.