Families in the US can claim compensation before the Motor Accident Claims Tribunal in India for death or injury in a road accident, mainly against the insurer of the offending vehicle. Claimants sign the petition and affidavits before a US notary with a state apostille. Where the deceased earned in the US, properly proved American income can significantly increase the award. File within six months of the accident.
- Document route
- US notary, then apostille from the state Secretary of State
- Time difference
- IST is 9h30 (US Eastern, summer) to 13h30 (US Pacific, winter) ahead
- Law
- Motor Vehicles Act 1988, as amended in 2019
- Forum
- Motor Accident Claims Tribunal (MACT)
Accident Compensation Claims from the USA: how it works
We obtain the FIR, site plan, post-mortem report and vehicle insurance details in India, and prepare the claim with every legal heir named, including those in the US. Income proof is critical where the deceased worked in America: IRS transcripts or Form 1040 copies, W-2 statements, payslips and an employer letter. These must be certified or notarised and apostilled to be proved in an Indian tribunal. The Supreme Court in Patricia Jean Mahajan (2002) accepted US earnings as the basis of compensation while adjusting the multiplier, and we build the claim with that guidance in mind.
The claim is filed where the accident occurred or where the driver or owner lives. Hearings proceed in India; claimants in the US can be examined by video where the tribunal permits, or a family member in India can give evidence on matters within their knowledge. Insurers often make offers at Lok Adalat once evidence is in. The award is deposited by the insurer and released to each claimant, normally into an NRO account, from which it can be remitted to the US.
What clients in the USA should know
- Collect US income documents early; obtaining IRS transcripts and employer letters after a death can take weeks.
- Interest awarded on compensation is taxable in India; the compensation itself is not income.
- If the driver is prosecuted, the criminal case and the compensation claim proceed separately and one does not wait for the other.
Step by step from the USA
Video consultation
A call at a time that suits the USA, after we have read your documents.
Documents signed in the USA
US notary, then apostille from the state Secretary of State
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in the USA where needed.
The full guide
This page covers what changes when you are in the USA. For the law, the documents and the step-by-step procedure, read our main page on Accident Compensation Claims, or see all services for clients in the USA and the Disputes & Enforcement practice area.
Questions from clients in the USA
My father was killed in Punjab and we all live in the US. Can we claim?
Yes. All legal heirs can claim from abroad, signing documents before a US notary with an apostille.
Will his US income be accepted?
If properly proved with tax and employment records, tribunals and the Supreme Court have accepted foreign income as the basis of compensation.
What is the deadline?
Section 166(3) requires the claim to be filed within six months of the accident. File within that period to be safe.