Road Accident FIR Filed? Your Next Steps Explained

One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

TL;DR: Don't wait indefinitely. Inform your insurer today. Get a copy of the FIR. And if police stay silent for a week or more, take proactive steps to place your version of events on record. The "wait and watch" advice has a shelf life; missing early documentation can hurt your defence later.

A scooter's rear tyre catching a child's foot is terrifying for everyone. It was around early March 2025 in Nagpur. Vikram Malhotra, who works as a radiologist at a private hospital there, was driving back from an evening shift. A child, maybe seven or eight, darted out from between parked vehicles near a sweet shop. Vikram braked hard but the rear wheel caught the child's foot. Bystanders rushed over, and more than one person said the child had run straight into the road. Vikram didn't hesitate. He offered to take the child to the government hospital where he knew the orthopaedic team. The parents agreed. At the hospital, the attending doctor said it was a fracture and surgery would likely be needed. Then things changed. A call came to the father from their village. Soon after, the parents refused treatment there and moved the child to a second hospital, then a third. Days later, three or four men from the village showed up demanding money. Vikram refused to pay and left. An FIR was registered. Three days passed. No police call, no statement recorded, no notice. The insurer wasn't told. The family's local lawyer said, "Wait and watch. Do nothing until police call." That advice left them anxious and unsure. They approached the Chamber of Advocate Sudhir Rao wanting clarity on whether silence was the right strategy. Advocate Sudhir Rao and his office reviewed the sequence of events and the applicable provisions under the Bharatiya Nagarik Suraksha Sanhita. They identified that proactive documentation, done correctly, would protect the driver's version without inviting premature confrontation. The office prepared letters to the insurer, obtained the FIR copy, and ensured a written representation was ready for the investigating officer. The matter settled at a much lower figure than the villagers initially demanded, and the driver's record remained clean. His experience with such accident-related FIRs helped the client avoid mistakes that often happen in the first ten days.

Key Facts of the Case

• A healthcare worker was driving in Nagpur around early March 2025 when a child ran onto the road and the rear tyre went over the child's foot.
• Bystanders at the scene reportedly told the family the child ran into the road and it was not the driver's fault.
• The driver immediately took the child and parents to a government hospital where an orthopaedic doctor examined the child.
• The child's parents moved him to two other hospitals before surgery was done.
• A small group from the parents' village later tried to pressurise the family for money. The driver refused.
• An FIR was registered against the driver. Three days passed without any police call or statement.
• The motor insurer was not informed at the time of the incident or immediately afterwards.
• The local lawyer had advised a passive "wait and watch" approach.

The Direct Legal Answer

Should we really just wait for the police to call us?

Partially, yes. But not indefinitely. Police routinely take a few days to begin recording statements, especially when the victim is hospitalised. However, silence is not a strategy when there is an FIR against you. You may not need to chase the investigating officer every day, but you should preserve your version in writing, get the FIR copy, and prepare for the moment you are called in. Waiting beyond a week without any action weakens your ability to shape the early investigation.

Should we proactively go to the police or wait?

After 4 to 5 days of silence, you should consider going to the police station, not to demand anything but to record your side. Under the Bharatiya Nagarik Suraksha Sanhita, an accused has a right to know the grounds of accusation. Your statement, if given voluntarily and prepared with counsel, can help the investigating officer see that this was an accident, not a deliberate act. But go after taking legal advice specific to your FIR's wording.

Should the insurer be informed immediately?

Yes. This is one of the first things to do. Even though you do not yet have the FIR copy or medical bills, you should give the insurer written intimation that an accident occurred, an FIR has been filed, and a claim may arise. Delaying intimation is a common reason insurers reject third-party or own-damage claims later. One email or registered letter today can save you from massive financial exposure later.

There's a real concern here. If you stay completely passive, the police may record only one side of the story before forming an impression. By the time you are called, the narrative could already be against you. Getting your version on record early, in writing and with counsel's help, is not over-anxiety. It's protection.

Advice in Such Cases

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 to 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.

Don't offer a detailed version to the police verbally without first understanding the FIR's exact wording. A road accident case under rash or negligent sections of the Bharatiya Nyaya Sanhita can become something more serious if your spoken words are recorded carelessly. Speak to your advocate before you make any voluntary statement.

Notify the insurer in writing. Keep a copy of that intimation, the email, or the postal receipt.

Document the scene. If there were CCTV cameras near the spot, arrange to get that footage before it is overwritten. One camera outside a shop can change the whole case.

Such matters involve procedural nuances around arrest, bail, charge-sheet filing, and insurance coordination that a general practitioner may not handle daily. An advocate who regularly deals with accident FIRs and motor vehicle claims understands these moving parts better. That experience usually leads to quicker, less stressful outcomes.

Applicable Sections of Law

• Section 281 of the Bharatiya Nyaya Sanhita (BNS): Rash driving or riding on a public way, an offence often invoked in road accident cases. If death or injury results, other sections may apply.
• Section 125 BNS: Act endangering life or personal safety of others. This is frequently added in accident FIRs involving injury to a pedestrian or child.
• Sections 105 and 106 BNS: These cover culpable homicide, but in accident cases police sometimes apply them if the facts suggest the driver was grossly negligent. The prosecution must prove the higher degree of negligence for these.
• Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS): Information in cognizable cases, which governs how the FIR is registered and how the investigation must proceed.

Punishment and Penalties

• Rash driving under Section 281 BNS: Punishable with imprisonment up to 6 months, or fine up to Rs. 1,000, or both, in ordinary cases. If the incident causes serious injury, different consequences may follow.
• Act endangering life under Section 125 BNS: Punishable with imprisonment up to 3 months, or fine up to Rs. 250, or both.
• If police invoke Sections 105 or 106 BNS after a serious injury or death, the matter becomes far more severe, with imprisonment terms that can go up to 10 years or more and heavy fines.
• Most road accident FIRs based on rash driving are cognizable but bailable. If a more serious section is added, both the bail position and the stakes change drastically.

Jurisdiction — Where to File the Case

The police station where the accident occurred has territorial jurisdiction to register the FIR and investigate. In this case, that would be the police station covering the road in Nagpur where the child was injured. If the FIR was registered elsewhere, the investigating officer can transfer the case to the correct station, but the initial report stands.

For trial, the jurisdictional Judicial Magistrate's Court, usually the one having territorial authority over the accident site, hears the matter. If the police file a charge-sheet for a more serious offence, the case can be committed to the Sessions Court.

Jurisdiction matters a great deal. A wrong venue weakens witnesses, delays the case, and burdens everyone. Objecting to jurisdiction at the first opportunity is usually the smarter move than fighting on merits in the wrong forum.

What if Police Refuse to File FIR?

This case already has an FIR, so this section is about the opponent's or victim's side. But if you ever need to report an accident and the police refuse to register the FIR, you have remedies.

• Send a written complaint to the Superintendent of Police under Section 173(4) BNSS with full details of the incident.
• File a private complaint before the Magistrate under Section 175(3) BNSS if the police still do not act.
• Approach the High Court under its writ jurisdiction as a last resort to seek directions for registration.
• Keep proof of the police refusal, the complaint sent, and the dates, because this becomes evidence of your diligence.

Rights of the Accused

• Right against self-incrimination under Article 20(3) of the Constitution. You cannot be compelled to be a witness against yourself.
• Right to legal representation under Article 22(1). You can have an advocate present during your statement and during any custodial questioning.
• Right to be produced before a Magistrate within 24 hours of arrest, excluding travel time, as per Article 22(2) and the BNSS.
• Right to a copy of the FIR and to know the grounds of arrest if arrested. This is basic fairness and is also supported by the BNSS provisions on arrest.
• For a bailable offence, the right to be released on bail as a matter of course, subject to furnishing sureties.

Bail Provisions

Rash driving and simple act endangering life are bailable offences. If the FIR only mentions Section 281 BNS or Section 125 BNS, the driver is entitled to bail as of right. The officer can grant bail at the station itself.

But if the police have added Sections 105 or 106 BNS, the offence becomes non-bailable. In that situation, the driver would need regular bail from the court. Anticipatory bail under Section 482 BNSS may be sought if there is a credible basis to believe arrest is likely. The court considers the facts, the accused's background, employment, flight risk, and the medical status of the victim before deciding.

Typical bail conditions include surrendering the driving licence or vehicle documents, appearing at the police station when called, and not leaving the district without permission. In accident matters, anticipatory bail is often granted when the driver cooperates and there is no reason to believe the accused will flee.

Quashing of FIR / Case

The High Court has inherent powers under Section 528 BNSS to quash FIRs and proceedings. Quashing is a legitimate strategy in accident cases only in limited situations: when the FIR does not make out a prima facie offence, when the complaint is manifestly false or extortionist, or when the parties have reached a lawful compromise in a compoundable matter.

In this type of case, quashing may be hard to get simply because an injury occurred and the question of negligence involves factual evidence. Courts are reluctant to quash at investigation stage. But if the FIR reads like extortion with no genuine allegation of rashness, a quashing petition can work. And here's the thing: a premature quashing attempt before recording your side can look like evasion. Do it only after careful legal review of the FIR wording.

If You Are the Victim

• Get medical attention first and preserve all hospital records, bills, discharge summaries, and X-ray or CT-scan reports.
• Save every incidental expense: travel to hospitals, medicines, even receipts for tea and food during overnight stays. These matter in a Motor Accident Claims Tribunal or settlement.
• If the other side's insurer sends a representative with forms, read everything before signing. Take your advocate's help.
• Do not accept cash settlements without understanding the long-term cost of treatment and income loss.
• If there is an FIR, provide your statement calmly and truthfully. Do not exaggerate. A false statement can hurt your credibility and also attract liability.

Documents You Must Keep Ready

• Copy of the FIR and any police acknowledgement or receipt.
• Driving licence and vehicle registration document of the driver.
• Insurance policy copy and any correspondence with the insurer, including email intimation.
• Photographs of the accident site, vehicle condition, and tire marks.
• CCTV footage extracts, if available.
• Medical records of the injured child, including admission and discharge summaries.
• Written account of what happened, signed and dated, prepared while memory is fresh.
• Details of eyewitnesses, their phone numbers, and what they saw.
• Any calls or messages from the villagers demanding money, including call logs and screenshots.

What Evidence Is Required?

• Primary evidence: eyewitness accounts, CCTV footage, the accused's own written description, photographs from the scene.
• Medical evidence: the child's CT or X-ray reports, operation notes, admission record, and discharge summary. These establish the nature and cause of the injury.
• Circumstantial evidence: the timing of the village call, the hospital refusal, the transfer to two more hospitals, and the sudden demand for money. This is crucial if defending against extortion claims.
• Documentary evidence: the FIR, insurance intimation, any e-challan or traffic camera record showing the driver's route.
• Electronic evidence: WhatsApp messages, call recordings, and screen recording of the village call, if any.

How the Police Behave in Such Cases

Police often treat accident FIRs as negotiation-adjacent. They wait to see if the parties reach a settlement because that reduces their investigation workload. The investigating officer may call the accused weeks later, ask both sides to sit together, and suggest a "compromise" under the table. Sometimes that is pragmatic. Sometimes it is pressure.

Another common pattern is that the police defer recording the accused's statement until after the victim's version is fully on record. By then, the accused walks in and discovers the story has hardened against them. That's why early written representation and legal preparation matter. Not confrontation. Just preparation.

Timeline of Legal Process

• FIR registration: done on the day or within a day of the incident, as happened here.
• Investigation and statement recording: normally begins within the first week, although in busy stations it can stretch to two or three weeks.
• Charge-sheet filing: for a bailable rash driving case, police often file a charge-sheet in 30 to 60 days. If sections are more serious, it may take 60 to 90 days.
• Cognizance and summons: the Magistrate takes cognizance and issues summons once the charge-sheet is filed. This could be 2 to 3 months from the incident.
• Framing of charges: within 1 to 2 months thereafter.
• Trial and judgment: a bailable road accident trial can take 6 months to 2 years, depending on court pendency and witness delays.
• Appeal, if any: from the Magistrate's judgment to the Sessions Court, with a further revision to the High Court on points of law.

How Long Will the Investigation Take?

For a standard rash driving FIR where the accused is identified and the victim is stable, the investigation is usually completed within 30 to 45 days. The police may take up to 90 days if they add serious sections or if they want to wait for medical reports. In this case, because the child was transferred between hospitals and surgery was involved, the investigator may take longer to collect the medical record. Expect 45 to 60 days as a realistic window before a charge-sheet is filed.

Understanding the Costs

The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.

A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.

Can the Matter Be Settled Out of Court?

In many accident cases, yes. The offence of simple rash driving is compoundable. That means the parties can enter into a lawful compromise and ask the court to close the matter. In this case, the villagers' demand for money looked like extortion, which is not a lawful settlement. A proper settlement considers genuine medical costs, loss to the child's family, and the driver's legal exposure, and it records the compromise before the Magistrate.

Lok Adalat can also be used for motor accident claims that are civil in nature. Pre-litigation mediation works when both sides want to avoid a long trial. But do not pay cash without a written settlement and waiver. That is not a settlement. That is a trap.

Common Mistakes People Make

• Waiting for the police to call before doing anything. Early written representation and insurance intimation are cheap protective steps.
• Not telling the insurer. Insurers use late intimation as a ground to reject claims. One email can prevent that.
• Giving a detailed oral statement to police without counsel. Spoken words become case papers in ways you may not expect.
• Paying cash to make the matter "go away." Extortion demands often return stronger after the first payment.
• Engaging an advocate who does not regularly handle road accident FIRs and insurance matters. The procedural and evidentiary nuances around bail, charge-sheet timing, Motor Accident Claims, and compounding are often missed by general practitioners. Domain-specific experience usually leads to faster and cleaner outcomes.
• Ignoring the FIR copy. If you do not read the FIR, you are defending against a story you have never seen.

FAQs People Normally Have

I haven't seen the FIR copy yet. How do I get it?

You or your advocate can apply to the jurisdictional court or the police station for a certified copy. The investigating officer is also required to provide a copy of the FIR to the informant. As the accused, you can obtain a copy once you are named in the case.

What do I tell the insurer right now?

Write a simple email: state that an accident occurred on a specific date at a specific location, the vehicle registration number, that a child was injured, and that an FIR has been registered. Do not speculate about fault. Just intimate the fact of the incident.

Can I record my statement proactively at the police station?

Yes, but do it after discussing with your advocate. A well-drafted written representation can be given to the investigating officer. This is often safer than a spontaneous oral statement.

What if the police add a serious section later?

Then the bail equation changes. For serious sections, the offence may become non-bailable. Your rights, including anticipatory bail, must be evaluated immediately. This is where early legal preparation pays off.

Can the insurer help with the FIR or police process?

Insurers do not control the criminal process, but they may have their own investigators. Once you intimate them, they may ask for documents. Provide them through your advocate, not directly to the other party.

This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.

Advocate Sudhir Rao, Supreme Court of India

Facing a similar matter? Speak to a criminal advocate in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.