What to Do If You Are Involved in a Car Accident

Car accidents can be traumatic and stressful experiences that can have serious consequences for your health, finances, and well-being. By following these steps, you can minimize the negative impact of a car accident and recover from it as soon as possible.

Car accidents are one of the leading causes of death and injury in Nepal.

According to the Nepal Police Mirror 2022, a total of 2,883 individuals died and 7,282 others were severely injured in around 24,526 road accidents across the country during the last fiscal year 2021/22.

The causes of the accidents were mainly negligence of driver, road condition, vehicle condition, and overload.

If you are involved in a car accident in Nepal, you may be confused, scared, or injured. However, it is important to know what to do in such a situation to protect yourself and your rights. Here are some steps you should follow if you are involved in a car accident:

• Stop your vehicle and check for injuries. If you are able to move your vehicle, pull over to a safe place and turn on your hazard lights. If you or anyone else is injured, call for medical help immediately. Do not move anyone who is seriously injured unless they are in danger of further harm.
• Call the police and report the accident. The police will come to the scene and investigate the accident. They will also prepare an accident report that will contain important information such as the date, time, location, cause, and parties involved in the accident. You should cooperate with the police and provide them with your name, address, license number, vehicle registration number, and insurance details. Do not admit fault or blame anyone for the accident.
• Exchange information with the other driver and witnesses. You should get the name, address, phone number, license number, vehicle registration number, and insurance details of the other driver involved in the accident. You should also get the names and contact details of any witnesses who saw the accident. This information will help you later if you need to file a claim or a lawsuit.
• Take pictures and notes of the accident scene. If you have a camera or a smartphone, you should take pictures of the damage to your vehicle and the other vehicle, the position of the vehicles, the road condition, the traffic signs and signals, and any other relevant details. You should also write down your own account of what happened before, during, and after the accident. This will help you remember the facts and avoid any discrepancies later.
• Contact your insurance company and file a claim. You should notify your insurance company as soon as possible after the accident and provide them with all the information they need. You should also file a claim for any damages or injuries you suffered as a result of the accident. Your insurance company will assign an adjuster to handle your claim and determine your compensation.
• Seek legal advice if necessary. If you are not satisfied with your insurance company's settlement offer or if you face any legal issues related to the accident, you may need to consult a lawyer who specializes in car accident cases. A lawyer can help you protect your rights and interests and negotiate a fair settlement or represent you in court if needed.

Know your legal rights and obligations under Nepalese law.According to the Motor Vehicles and Transport Management Act 1993, if you are involved in a car accident that causes death or injury to any person or damage to any property, you have certain duties and liabilities under Nepalese law:

• You must stop your vehicle at or near the scene of the accident and remain there until you have fulfilled your obligations under this Act
• You must render reasonable assistance to any person who is injured or endangered by the accident
• You must report the accident to the nearest police station within 24 hours
• You must produce your license, registration certificate, insurance certificate, and any other documents required by law to any police officer or authorized person who asks for them
• You must not remove or tamper with any evidence related to the accident
• You must not drive away from the scene of the accident unless it is necessary for medical or safety reasons
• If you fail to comply with these duties, you may be liable for imprisonment up to six months or fine up to ten thousand rupees or both
• Moreover, if you are found guilty of causing death or injury by negligence or rash driving, you may be liable for imprisonment up to three years or fine up to thirty thousand rupees or both

On the other hand, if you are a victim of a car accident caused by someone else's negligence or rash driving, you have certain rights and remedies under Nepalese law:

• You have the right to claim compensation from the offender for any physical, mental, or financial loss or damage you suffered as a result of the accident.
• You have the right to file a civil suit against the offender for compensation within one year from the date of the accident.
• You have the right to file a criminal case against the offender for causing death or injury by negligence or rash driving within six months from the date of the accident.
• You have the right to receive interim compensation from the Fund established under Section 28 of the Act if you need immediate medical treatment or relief.
• You have the right to receive compensation from your insurance company if you have a valid insurance policy that covers your vehicle and yourself.

Car accidents can be traumatic and stressful experiences that can have serious consequences for your health, finances, and well-being. By following these steps, you can minimize the negative impact of a car accident and recover from it as soon as possible.