Who is liable after a minor road accident?

In a minor road accident where both parties blame each other, liability is determined by assessing whose negligence caused or contributed to the collision. This is decided based on evidence such as traffic violations, eyewitness accounts, vehicle damage patterns, and police investigation. Neither party's word alone is sufficient — facts and documentation matter most.

Key points

• Negligence is central: The party who failed to follow traffic rules, was driving rashly, or ignored road signs is generally held liable.
• Contributory or composite negligence: Indian courts often recognise that both parties may share partial fault, and compensation can be apportioned accordingly.
• FIR or police report: Filing a report at your local police station (in Patna, under the Bihar Police) creates an official record of the incident and helps establish facts.
• Insurance plays a key role: Third-party motor insurance is mandatory; your insurer investigates the claim and may negotiate or contest liability on your behalf.
• Photographs and witnesses: Immediate documentation — photos of damage, road position, and contact details of witnesses — significantly strengthens your position.

Relevant law

Liability in road accidents is primarily governed by the Motor Vehicles Act, 1988 (including 2019 amendments), particularly Sections 134, 140, and 166, which deal with accident reporting duties, no-fault liability, and claims before Motor Accidents Claims Tribunals (MACTs). Rash or negligent driving may also attract Section 281 of the Bharatiya Nyaya Sanhita (BNS), 2023, which replaced the earlier provision under the Indian Penal Code.

What you can do

• File a report at your nearest Patna police station and obtain a copy of the First Information Report or Daily Diary entry.
• Notify your motor insurance company immediately and submit a formal claim with photographs, the police report, and witness details.
• If compensation is disputed, file a petition before the Motor Accidents Claims Tribunal (MACT), Patna, which handles such disputes efficiently.
• Consult a local road accident lawyer for guidance tailored to your specific facts and evidence.