How can I claim car damage compensation?

Please guide me regarding an accident caused by a drunk driver who hit my car from the backside. He did not stop, and then he hit a cow on the road. His car was damaged, and he ran away from the accident site. Later, the EVR team confirmed he was under the influence of alcohol. When the Investigating Officer (IO) arrived, I gave my statement and requested an FIR, but the IO only recorded a rapat. After I complained to the SP about the FIR delay, the police registered an FIR two days later under Sections 125, 281, 324(4), and 325. Please advise me on the next steps to claim compensation for my car damage, resale value, and depreciation.

2 Answers
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Ayantika Mondal
Advocate Ayantika Mondal Answered: 01 Oct 2025

Dear Client, Because the FIR against the drunken driver has now been registered, your second step is to claim compensation through two channels: first, by moving a claim petition to the Motor Accident Claims Tribunal (MACT) claiming damages such as repair expenses, loss of resale value, and depreciation, and second, by reporting the accident to your own insurer so that you can claim under your policy as well as hold the perpetrator responsible; the FIR and proof of his drunkenness will effectively back your claim in both jurisdictions. I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.

Admin
Advocate By LEAD INDIA Answered: 25 Sep 2025

You should immediately file a claim with your motor insurance company and submit the FIR copy, damage photos, and repair estimates. Since the driver was drunk and at fault, you can also file a Motor Accident Claim (MACT) case for compensation, including repair costs, depreciation, and loss of resale value. Police delay in FIR will not affect your insurance claim. For further legal assistance, contact us on our helpline number.   
 

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