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What to do in the first hour after a car accident?
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Introduction
The first hour after a car accident is when the decisions that matter most are made, and when the most common mistakes happen. The steps taken at the scene, the photographs collected, the details exchanged, and the timing of the insurer notification all directly affect how the insurance claim proceeds.
In this blog, we are going to cover the first 5 minutes at the scene, the documentation steps in the first 15 minutes, your legal duties under the Motor Vehicles Act, when an FIR is needed, how to notify the insurer within the first hour, what not to do, and the specific obligations that apply when a third party is injured.
Keep in mind
Put safety first and move away from the car if there is a risk of fire, fuel leakage or another collision
Photograph the scene before moving the car or touching anything
Do not admit fault, sign documents or agree to informal settlements at the scene
Notify your insurer as soon as possible and wait for the required inspection before authorising repairs
Stop and assist anyone who is injured and report the accident to the police as required under Section 134 of the Motor Vehicles Act
In the first 5 minutes: safety and scene
The immediate priority after any accident is safety, for the people in the car, for anyone else involved, and for other road users.
Move to safety
If the car is driveable and it is safe to do so, move it to the side of the road and out of the flow of traffic. Switch on hazard lights immediately. If the car cannot be moved, leave the hazard lights on and exit the vehicle safely. Place warning triangles if available.
Check for injuries
Check yourself and every passenger in the car for injuries. If anyone is injured, in your car or in another vehicle, call the emergency services immediately. The police can be reached at 100 and ambulance services at 108 in most Indian states.
Do not move an injured person unless they are in immediate danger, from fire, from a vehicle about to hit them, or from another imminent threat. Moving an injured person without medical training can worsen spinal or internal injuries.
Check the other vehicle
If another vehicle is involved, check whether the other driver and passengers are injured. This is not only a humanitarian response, under Section 134 of the Motor Vehicles Act, it is a legal duty.
Section 134 of the Motor Vehicles ActTurn off the ignition
After ensuring safety, turn off the car's ignition to reduce the risk of fire, particularly if there is any fuel leak or smoke.
In the first 15 minutes: document the scene
Once immediate safety is addressed, the next priority is documentation. The photographs, details, and information collected in the first 15 minutes form the evidentiary basis of the insurance claim.
Photograph the scene
Take clear photos of your car, other vehicles, their positions, the road, signs, signals and surrounding area before anything is moved.
Photograph the number plates
Capture the registration number of every vehicle involved.
Collect the other driver's details
In any multi-vehicle accident, collect and verify:
- Full name of the other driver
- Vehicle registration number
- Name of the other driver's insurance company and policy number if available
- Contact phone number
Collect witness details
If anyone saw the accident, note their name and contact number. Witness accounts can help if there is a dispute.
Record the time and location
Note the date, exact location, nearby landmark or road name, and time of the accident for the claim and FIR.
Your legal duties at the scene under the Motor Vehicles Act
Several post-accident actions are not discretionary, they are legal obligations under the Motor Vehicles Act.
Section 134 of the Motor Vehicles Act sets out the duties of the driver of a motor vehicle involved in an accident causing injury or death to a person. These duties are:
Stop the vehicle
Leaving the scene of an accident without stopping, particularly when a person has been injured, is an offence under Section 134. Stopping is mandatory.
Render assistance to the injured
The driver must take all reasonable steps to secure medical attention for any injured person. This includes calling the emergency services and, if necessary, transporting the injured person to the nearest hospital. A driver who leaves an injured person without assistance is in breach of Section 134.
Report to the police
The driver must report the accident to the nearest police station as soon as reasonably possible after the incident. This report is the basis for the FIR and is required for any insurance claim that involves a third party.
Good Samaritan protection
Under the Motor Vehicles (Amendment) Act 2019, bystanders who assist accident victims in good faith are protected from civil and criminal liability. This protection applies to both the driver and any third party who chooses to assist.
Motor Vehicles (Amendment) Act 2019
Deciding whether to call the police and file an FIR
A First Information Report (FIR) is not required for every car accident. Whether to file one depends on the circumstances.
An FIR is generally required when:
- Someone is injured or killed
- Another person's vehicle or property is damaged and there is a dispute
- The car is stolen
- The circumstances or fault are disputed
An FIR is generally not required when:
- Only your car is involved
- The damage is minor and there is no dispute
- No third party is involved
How to file an FIR
Report the accident at the nearest police station with the time, location, vehicle registration numbers and details of what happened. Keep a copy of the FIR for your records. Some states also allow online reporting through their police portals.
If you do not file an FIR
An OD claim involving only your car can generally be processed without one. Third-Party claims may require an FIR, and not reporting an incident when required can affect the claim.
In the first hour: notifying the insurer
Notification must happen as soon as possible after the incident, ideally within 24 hours. Delayed notification is one of the most common factors of how a claim is assessed.
When to notify
In the first hour after the accident, or as soon as it is safe and practical to do so. Do not wait until the car is repaired, until the other party has responded, or until the end of the day.
How to notify at Kiwi Insurance
Register the claim at kiwiinsurance.com/claims/. The process takes a few minutes and requires the basic details of the incident, the policy number, the date, time, and location, a description of what happened, and confirmation of whether a third party is involved.
kiwiinsurance.com/claims/
What information to have ready:
- Policy number
- Date, time, and exact location of the incident
- Description of the incident and the damage
- The registration numbers of all vehicles involved
- Whether a third party is involved and whether there are injuries
- Whether an FIR has been or will be filed
- The photographs taken at the scene
What IRDAI requires
Under IRDAI regulations, the insurer must acknowledge the claim within 3 working days of receipt. Once all required documents are received, the insurer must settle the claim within 30 days.
IRDAI regulationsDo not authorise repairs before the surveyor visit
After registering the claim, the insurer will arrange a surveyor inspection. The surveyor's assessment of the damage is the basis on which the repair estimate is approved. Repairing the car before the surveyor visits removes the insurer's ability to verify the damage independently, which is grounds for the claim to be reduced or not approved.
What not to do in the first hour
As important as the actions to take are the actions to avoid. These are the mistakes made most frequently in the first hour after an accident, each one capable of affecting the claim outcome.
Do not admit fault
Avoid accepting responsibility at the scene. Let the insurer and authorities assess what happened.
Do not agree to an informal settlement
Avoid settling privately with cash, as there may be no record or protection if further costs arise later.
Do not sign documents at the scene
Do not sign documents presented by another driver or any other party without understanding what they contain.
Do not leave if someone is injured
Stay at the scene, arrange medical help and assist the injured person as required under the Motor Vehicles Act.
Do not start a flooded car
If the car has been exposed to floodwater, do not start the engine. Arrange a tow and notify the insurer before attempting to restart it.
Do not repair the car before inspection
Wait for the required surveyor inspection before authorising repairs so the damage can be assessed for the claim.
If a third party is injured, what the law requires
When a third party, another driver, a passenger, a pedestrian, is injured or killed in an accident, the legal and insurance obligations are more specific.
Immediate duties
The duties under Section 134 of the Motor Vehicles Act apply, stop, assist, and report. There is no discretion here.
Section 134 of the Motor Vehicles ActThird-Party liability
Under Section 147 of the Motor Vehicles Act, your compulsory Third-Party cover responds to the injured party's claim. The Third-Party liability for injury and death is unlimited. A Third-Party property damage claim is covered up to ₹1 lakh per incident.
Section 147 of the Motor Vehicles ActFIR is mandatory
For any accident involving injury or death to a third party, an FIR is mandatory. File it at the nearest police station as soon as possible.
Notify the insurer immediately
A Third-Party injury or death claim carries significantly higher financial exposure than an OD repair claim. Notify the insurer at kiwiinsurance.com/claims/ immediately after attending to the injured party and contacting the police.
kiwiinsurance.com/claims/Motor Accident Claims Tribunal
If the injured third party raises a formal compensation claim, it is heard by the Motor Accident Claims Tribunal (MACT). The MACT process is governed by Section 165 of the Motor Vehicles Act. Details of the Third-Party claims process are at kiwiinsurance.com/motor-third-party-claims/.
Section 165 of the Motor Vehicles ActHit-and-run situations
If the other vehicle involved in the accident leaves the scene and the driver cannot be traced, the injured party may claim under the Solatium Scheme under Section 161 of the Motor Vehicles Act, a government-administered hit-and-run compensation scheme.
Solatium Scheme under Section 161 of the Motor Vehicles Act
What Kiwi Insurance does differently
The first hour after an accident can involve several things at once, from documenting the scene to reporting the incident and understanding what happens next. Kiwi Insurance gives you a dedicated point of contact to help you navigate the claims process from the start.
Dedicated Claims Specialist
Once you register your claim, Kiwi assigns a dedicated specialist who explains the next steps, required documents and what to expect during the surveyor inspection.
Support throughout the claim
Your specialist stays reachable through the Kiwi app and remains familiar with your claim as it moves from registration to settlement.
Help with Third-Party claims
If someone else is injured, the specialist can explain the relevant claim process, including the MACT process where applicable, and how your policy responds.
The Claims Specialist is assigned after you register a claim, not when you buy the policy.
Conclusion
The first hour after a car accident determines the quality of the claim that follows. Photographs taken at the scene, details exchanged with the other driver, the FIR filed where required, and the insurer notified promptly, these 4 actions set the claim up correctly. The mistakes to avoid, admitting fault, agreeing to informal settlements, repairing the car before the surveyor, and failing to assist an injured third party, each carry specific consequences for the claim or under the law.
Just had an accident and not sure what to do next?
Head to Kiwi Insurance to register your claim and get a dedicated Claims Specialist to guide you through every step.
Frequently asked questions
Check for injuries and move to a safe place first. Then photograph the scene, exchange details with the other driver and notify your insurer. If someone is injured or third-party property is damaged, you also have legal duties to assist and report the incident as required.