Hit and Run Case in India – Legal Steps, FIR & Compensation Process (2025)

 Hit and Run Case in India – Legal Steps, FIR & Compensation Process. ous types of road accidents in India. It not only causes injury or loss of life but also often leaves the victim helpless, especially when the responsible driver flees the scene. If you (2025)

A hit-and-run case is one of the most serious if you or someone you know has ever faced such a situation. It’s important to understand the legal steps, the FIR process, and how to claim compensation in a hit-and-run case in India.

In this article, we will guide you through everything you need to know about handling a hit-and-run accident legally in 2025.


 What Is a Hit-and-Run Case?

A hit-and-run case occurs when a driver involved in a vehicle accident leaves the scene without stopping to fulfill their legal obligations, which typically include remaining at the accident location, providing contact and insurance information to other parties, rendering reasonable assistance to anyone injured, and reporting the incident to police when required by law. These cases can involve collisions with other vehicles, pedestrians, cyclists, or stationary objects like parked cars or property, with the severity of charges depending on whether the incident resulted in property damage only, injuries, or fatalities. Hit and run is considered a serious offense in most jurisdictions, with penalties ranging from fines and license suspension for property damage cases to felony charges with potential prison time when injuries or deaths are involved. People may leave the scene for various reasons, including panic, driving under the influence, lack of insurance, outstanding warrants, or simply not realizing an accident occurred. The exact legal requirements and penalties vary significantly by jurisdiction, making it important to understand specific local laws. Regardless of circumstances, the safest and legally required course of action when involved in any accident is to stop, ensure everyone's safety, exchange necessary information, and follow proper reporting procedures as mandated by local law.

Legal Provisions for Hit-and-Run Cases in India

Hit-and-run cases fall under Section 279 and Section 304A of the Indian Penal Code (IPC). The updated Motor Vehicles Act, 2019, and recent Section 338 amendments in 2025 have made the punishments stricter.

 Legal Charges:

  • Section 279 IPC – Rash or negligent driving: Imprisonment up to 6 months and/or fine
  • Section 304A IPC – Causing death by negligence: Up to 2 years of imprisonment and/or fine
  • Section 338 IPC – Causing grievous hurt: Up to 2 years of imprisonment and/or fine

New Rule Update (2025):

As per the new Motor Vehicles (Amendment) Rules 2025, the government has increased the compensation amount for hit-and-run victims and also simplified the claim process through the Solatium Scheme.

Step-by-Step Legal Process After a Hit and Run

If you are a victim or a witness of a hit-and-run, here’s what you should do immediately:

1. Call the Police

Dial 100 or 112 to report the accident. Mention all details you can recall, such as:

  • Vehicle type, color, or number (if visible)
  • Location and time of accident
  • The direction in which the vehicle fled

2. File an FIR at the Nearest Police Station

  • Visit the local police station and file a First Information Report (FIR).
  • Mention that it is a hit-and-run case.
  • Attach any evidence you may have (CCTV footage, photos, witness details).

Having a copy of the FIR is mandatory for claiming any compensation later.

3. Seek Medical Help

  • Go to the nearest hospital for immediate treatment.
  • Keep all medical records, bills, and doctor’s reports safely.

4. Inform the Insurance Company

  • If your vehicle is insured, inform
  • even in hit-and-run cases.
  • The insurer might help you with towing or emergency your motor insurance provider.
  • Some policies may provide personal accident coverage.

Compensation in Hit-and-Run Case in India (2025 Update)

The Government of India provides compensation to victims of hit-and-run accidents through the Motor Vehicle Accident Fund (MVAF) and the Solatium Scheme.

Updated Compensation Amounts (2025):

Type of Injury

Compensation Amount (2025)

Death

₹2,00,000

Grievous Injury

₹50,000

These amounts have been revised in 2025 from the earlier ₹25,000 (injury) and ₹50,000 (death).

How to Claim Compensation in and Run Case

Step-by-Step Claim Process:

1.    File an FIR with the police

2.    Get a copy of the post-mortem report (in case of death) or injury certificate (in case of injuries)

3.    Visit the Claims Enquiry Officer appointed by the District Magistrate

4.    Submit the claim form along with:

o   Copy of FIR

o   Medical or post-mortem report

o   Identity proof of the victim or legal heir

o   Bank account details

5.    The Claims Officer will verify and forward it to the Claims Settlement Commissioner

6.    Once approved, compensation is directly transferred to the victim's or nominee’s bank account

Time Frame:

Compensation is generally paid within 60 days of application, provided all documents are in order.

Role of CCTV and Witnesses

In most hit-and-run cases, the offender flees quickly. Hence, collecting CCTV footage from nearby areas or witness accounts can help:

  • Track the offending vehicle
  • Strengthen your FIR and legal case
  • Speed up the investigation and compensation claim

Penalties for Offenders (2025 Update)

With stricter rules introduced in 2025, penalties for hit-and-run drivers have become more severe.

Offence

Punishment

Causing death and fleeing

Jail up to 10 years + ₹7 lakh fine

Causing injury and fleeing

Jail up to 2 years + ₹1 lakh fine

Repeated offence

Longer imprisonment and license cancellation

The government is also pushing for mandatory installation of dashcams and GPS tracking in commercial vehicles to reduce such incidents.

What If the Hit-and-Run Driver Is Caught?

If the offender is identified and caught:

  • A criminal case will be filed
  • You can claim insurance compensation from the offender’s insurer
  • The offender may face civil liability and criminal charges under the IPC and MV Act

In some cases, if the vehicle is found but the driver is not, legal action can still be taken against the registered owner.

Final Words

A hit-and-run case in India is not just a legal matter but an emotional and financial crisis for the victim’s family. While the new rules in 2025 have brought faster compensation and stricter punishments, awareness and timely action are key.

If you ever become a victim or a witness, remember to:

  • Call the police immediately
  • File an FIR
  • Get medical help
  • Claim compensation through the official process

For more such guides on road safety, driving rules, and motor insurance in India, you can visit the Square Insurance Blog.

 

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