If you are stuck in such a situation, here is what to do.

Mr. Alok was driving home in his sedan through the busy streets of Nagpur. As he stopped at a traffic signal, a speeding hatchback rammed into his car from behind with a loud crash. The impact shattered his rear windshield and left a significant dent in the trunk. When Mr. Alok got out to assess the damage, he found the driver of the other car, Mr. Rakesh, to be visibly intoxicated and smelling of alcohol.

A traffic police officer present nearby intervened. He arranged for Mr. Rakesh to be taken for a medical examination in an auto-rickshaw. The officer then told a shaken Mr. Alok that he could go home. Confused and unsure of the procedure, Mr. Alok left the scene. After reaching home and discussing the incident with a friend, he realized he needed to file a formal complaint. He went to the local police station, where he found that the police had impounded Mr. Rakesh’s vehicle and had his keys. However, the officers on duty advised Mr. Alok to claim the damages from his own insurance policy. Mr. Alok was firm that Mr. Rakesh should pay for the repairs or that the claim should be made through Mr. Rakesh’s mandatory third-party insurance. He was left wondering about the correct legal steps to take to ensure the responsible party is held accountable.

Advice in such cases

If you find yourself in a similar situation, it’s crucial to act promptly and correctly to protect your rights.

• Do not leave the scene of the accident until the police have completed their initial formalities.
• Immediately call the police helpline (Dial 112).
• Take clear photos and videos of the damaged vehicles, their positions, the license plates, and the overall accident scene.
• If there are witnesses, politely request their names and contact numbers. Their testimony can be invaluable.
• Insist that the police conduct a breathalyzer or blood test on the suspected drunk driver to establish intoxication legally.
• File a formal First Information Report (FIR) at the police station. Do not agree to a simple “daily diary” entry or an informal settlement suggested by the police.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Such incidents involve provisions from both the Motor Vehicles Act and the Bharatiya Nyaya Sanhita (BNS).

• Motor Vehicles Act, 1988: Section 185 makes driving by a drunken person or a person under the influence of drugs a punishable offence. The penalties include imprisonment and/or a fine.
• Bharatiya Nyaya Sanhita, 2023 (BNS): Depending on the severity of the accident, the following sections may apply:
  • Section 106 BNS: Pertains to causing hurt by an act that endangers life or the personal safety of others.
  • Section 107 BNS: Deals with causing grievous hurt by an act endangering life or personal safety.
  • If the accident tragically results in a fatality, the more stringent Section 104 BNS (Causing death by negligence) would be invoked.

If you are the complainant

• Ensure that the FIR you file is detailed and accurately mentions that the other driver was intoxicated. This is a critical fact.
• Preserve all evidence, including photographs, videos, and receipts for any medical treatment or vehicle towing.
• Cooperate fully with the police investigation and provide them with all the evidence you have collected.
• To claim compensation for vehicle damage and any injuries, you will need to file a claim petition before the Motor Accident Claims Tribunal (MACT).
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

• Your immediate priority is your safety. If you are injured, seek medical attention right away. A medical report will also serve as crucial evidence.
• Avoid getting into a verbal or physical altercation with the other driver. Wait for the police to handle the situation.
• Do not agree to any on-the-spot cash settlement. Such agreements are often inadequate and prevent you from claiming full compensation later.
• Obtain a copy of the FIR. This document is essential for insurance claims and legal proceedings.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Ideally, the police should secure the accident scene, provide medical aid if necessary, conduct a breathalyzer test on the suspected drunk driver, seize the vehicles for inspection, and register an FIR based on the victim’s complaint. However, in some instances, to reduce their workload, police might suggest that the parties settle the matter amicably or advise the victim to claim from their own comprehensive insurance. You have the right to refuse such suggestions and insist on the registration of an FIR and a proper investigation, which is necessary to hold the guilty driver accountable under the law and to file a third-party insurance claim.

FAQs people normally have

Should I claim from my own insurance or the drunk driver’s third-party insurance?
Claiming from your own comprehensive insurance is faster for getting your car repaired, but you may lose your No-Claim Bonus (NCB). To hold the at-fault driver financially responsible, you must file a claim with the Motor Accident Claims Tribunal (MACT) against their third-party insurance. This is the legally correct route for compensation from the guilty party, though the process takes longer.

What if the police refuse to file an FIR?
If the police station refuses to register an FIR, you can send a written complaint detailing the incident to the Superintendent of Police (SP) or a higher-ranking officer. If no action is taken, you can file a private complaint before the local Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), who can then direct the police to register the FIR and investigate the matter.

What evidence is required?

To build a strong case, you will need the following evidence:

• A copy of the FIR.
• Photographs and videos of the accident scene and vehicle damage.
• The medical report of the drunk driver (BAC report) and your own medical report if you were injured.
• Statements from any eyewitnesses.
• Copies of your Driving License, Vehicle Registration Certificate (RC), and Insurance Policy.
• Repair estimates from an authorized service center for the vehicle damage.

How long will the investigation take?

The criminal investigation by the police, leading to a chargesheet, typically takes a few months. The case for compensation before the Motor Accident Claims Tribunal (MACT) is a separate civil proceeding. The duration of a MACT case can vary significantly, often taking from several months to a couple of years to reach a final decision, depending on the complexity of the case and the court’s schedule.

Advocate Sudhir Rao, Supreme Court of India