Confused about FIR for motor insurance claims? Learn when FIR is mandatory, when it’s optional, and how to avoid claim rejection in India.
Picture this: You’re standing next to your damaged car after an accident, shaken but unhurt. Your friend says, “File an FIR immediately, or insurance won’t pay!” But is that really true for every situation?
If you’ve ever been confused about whether you need an FIR (First Information Report) to claim motor insurance in India, you’re not alone. Thousands of vehicle owners face claim rejections simply because they didn’t understand the FIR requirements.
This guide clears up all the confusion and tells you exactly when an FIR is mandatory for your motor insurance claim and when it isn’t.
Quick Answer: Is FIR Mandatory for Motor Insurance Claims?
No, an FIR is not mandatory for all motor insurance claims in India.
However, it becomes compulsory in specific situations. Filing an FIR when required is critical because skipping it can lead to outright claim rejection or months of delays.
The key is knowing which situations demand an FIR and which don’t.
When Is FIR Mandatory for Motor Insurance Claims?
Insurance companies and the Motor Vehicles Act make FIR compulsory in these scenarios:
- Vehicle Theft
If your vehicle is stolen, an FIR is absolutely mandatory. The insurance company needs a police record to verify the theft and rule out fraud. Without an FIR, no insurer will process a theft claim.
What to do: File an FIR immediately at the nearest police station, ideally within 24 hours of discovering the theft.
Any accident involving injury or death of a third party (pedestrian, another driver, passenger) requires an FIR. This is a legal requirement under the Motor Vehicles Act, not just an insurance formality.
Why it matters: Third-party liability claims often involve legal proceedings, and the FIR serves as primary evidence.
- Major Accidents Involving Public Property
Damage to public property like traffic signals, streetlights, dividers, or government vehicles requires police documentation through an FIR.
- Hit-and-Run Cases
Whether you’re the victim or involved party, hit-and-run incidents need immediate police reporting. The FIR helps establish facts and protect you legally.
- Fire, Riot, or Malicious Damage
If your vehicle is damaged due to fire (not engine-related), riots, vandalism, or terrorism, an FIR becomes necessary to prove the cause wasn’t accidental negligence.
- When Court or Legal Action Is Expected
If there’s any possibility of legal action, criminal proceedings, or if the accident happened under suspicious circumstances, file an FIR to protect yourself.
When Is FIR NOT Mandatory?
For minor own-damage claims where there’s no third-party involvement or legal implications, insurers typically don’t require an FIR.
Examples include:
- Parking lot scratches or dents
- Minor bumper damage in low-speed collisions
- Accidental damage while reversing
- Door dents from opening too wide
- Weather-related damage (falling branches, hailstones)
- Self-inflicted damage without other vehicles involved
Important note: Even for minor claims, some insurers may ask for a police complaint or General Diary (GD) entry for their records. Always check with your insurer first rather than assuming.
FIR vs Police Complaint vs General Diary – What's the Difference?
Many people use these terms interchangeably, but they’re different:
Type | Legal Status | When Used | Insurer Acceptance |
FIR (First Information Report) | Legal document under CrPC Section 154 | Cognizable offenses (theft, accident with injury, etc.) | Mandatory for serious cases |
Police Complaint | Informal record | Minor incidents for documentation | Sometimes accepted |
General Diary (GD) Entry | Non-cognizable record | Minor incidents, informational purposes | Accepted by some insurers for small claims |
Key difference: An FIR can lead to police investigation and legal action, while a GD entry is simply a record that something was reported.
For motor insurance purposes, serious incidents always need an FIR. For minor own-damage, insurers may accept a GD entry or complaint, but policies vary.
Step-by-Step: How to File an FIR for Insurance Claims
If your situation requires an FIR, here’s exactly what to do:
Step 1: File Immediately (Within 24 Hours)
Report the incident to the nearest police station as soon as possible. Delayed FIR filing can raise red flags and may be questioned during claim processing.
Step 2: Go to the Right Police Station
File the FIR at the station having jurisdiction over the area where the incident occurred. If you’re unsure, the police will guide you to the correct station.
Step 3: Provide Accurate Details
Include:
- Date, time, and exact location of incident
- Your vehicle registration number
- Description of what happened
- Names of witnesses if any
- Estimated damage or loss
Critical tip: Be truthful and precise. Any discrepancy between your FIR and insurance claim can lead to rejection.
Step 4: Get the FIR Number and Copy
Once filed, you’ll receive an FIR number. Request a copy of the FIR—you’ll need it for your insurance claim.
Step 5: Inform Your Insurer Immediately
Most insurance policies require intimation within 24-48 hours of the incident. Call your insurer’s helpline and inform them about the accident and FIR filing.
Step 6: Don’t Move the Vehicle (If Possible)
For serious accidents, avoid moving your vehicle until police inspection is complete, unless it’s causing traffic disruption or safety concerns.
What Happens If FIR Is Required But Not Filed?
Skipping FIR when it’s mandatory can have serious consequences:
- Claim Delay Your claim will be put on hold while the insurer investigates why no FIR was filed.
- Request for Written Explanation You’ll need to provide a detailed explanation, which may or may not be accepted.
- Claim Rejection If the insurer cannot verify the incident authentically, they have legal grounds to reject your claim entirely.
- Legal Complications In third-party injury cases, not filing an FIR can expose you to legal liability and accusations of fleeing the scene.
Court precedent: Multiple Indian court judgments have stated that while minor delays in FIR filing can be explained, complete absence of FIR in serious cases makes verification impossible and justifies claim rejection.
Common Mistakes to Avoid
- Filing FIR Too Late
Many people delay thinking they can file later. File within 24 hours for best results.
- Providing Incorrect Information
Exaggerating damage or giving wrong details in FIR will mismatch with your insurance claim and raise fraud suspicions.
- Not Informing Insurer Promptly
Even after filing FIR, if you don’t inform your insurer within the policy’s intimation period (usually 24-48 hours), you risk rejection.
- Relying on Garage Advice
Garages may give verbal assurances like “no need for FIR, we’ll handle it.” Always verify with your insurer directly.
- Moving the Vehicle Before Inspection
In serious accidents, moving your vehicle before police and insurer inspection can complicate verification.
Insurer-Specific Variations
While general principles apply across insurers, some have specific requirements:
- ICICI Lombard, HDFC Ergo, Bajaj Allianz: Clearly specify FIR requirements in policy documents
- Public Sector Insurers (National, United India): Tend to be stricter about FIR for claims above certain amounts
- Online-Only Insurers: May have digital complaint processes but still require FIR for serious cases
Always check: Your specific policy document or call customer care before making assumptions.
Can You File FIR Online?
Many states in India now allow e-FIR filing for certain types of incidents:
States with e-FIR facilities:
- Delhi, Mumbai, Bengaluru, Hyderabad, Chennai (among others)
For insurance purposes:
- Most insurers accept e-FIR if it’s officially registered in the police system
- Ensure you get an official acknowledgment with FIR number
- Some insurers may still ask for a physical copy or station verification
Check: Your state police website for e-FIR eligibility and process.
Practical Checklist: Your Action Plan
✅ Before the Incident (Preparation):
- Keep insurer helpline number saved
- Know your policy’s intimation period
- Understand what’s covered in your policy
✅ Immediately After an Incident:
- Ensure everyone’s safety first
- Take photos/videos of damage and scene
- Note down details while memory is fresh
- Call your insurer within 24 hours
✅ Assess If FIR Is Needed:
- Theft? → FIR mandatory
- Third-party injury/death? → FIR mandatory
- Major accident? → FIR mandatory
- Minor own damage? → Check with insurer
✅ If Filing FIR:
- File within 24 hours
- Get FIR copy and number
- Inform insurer immediately
- Don’t move vehicle until inspected
✅ If Not Filing FIR:
- Still inform insurer within 24-48 hours
- Ask if police complaint/GD is needed
- Get written confirmation from insurer
Follow their claim process
Final Thoughts
The whole FIR question for motor insurance claims isn’t as complicated as it seems once you understand the basic principle: FIR is mandatory when the incident is serious, involves others, or has legal implications. For minor, self-only damage, it’s usually not required.
However, insurance is full of grey areas and specific policy terms. When in doubt, a quick call to your insurer can save you from claim rejection and months of frustration.
Remember, filing an FIR when required isn’t just about insurance—it’s about creating an official record that protects you legally. And when FIR isn’t required, don’t file one unnecessarily as it can complicate simple matters.
Understanding documentation requirements is often the difference between a smooth claim settlement and a rejected one. Now that you know exactly when FIR is mandatory, you’re better prepared to handle any unfortunate incident with your vehicle.
Have you faced confusion about FIR requirements during a claim? Share your experience in the comments below.
Disclaimer: This article is for informational purposes only. Always refer to your specific policy document and consult with your insurance provider for your unique situation.
Frequently Asked Questions
Q1: What if police refuse to file an FIR?
If police refuse, insist on it being your legal right under Section 154 of CrPC. If they still refuse, you can:
- Approach the Station House Officer (SHO)
- File a written complaint and get it stamped
- Approach higher authorities or file online
- Inform your insurer about the refusal
Q2: How long is an FIR valid for insurance claims?
There’s no expiry on FIR validity, but you must file your insurance claim within the policy’s time limit (usually 30 days for own damage, immediately for theft).
Q3: Can I file FIR after submitting my insurance claim?
It’s not recommended. If FIR is required, file it before or immediately after informing your insurer. Filing FIR much later raises suspicion.
Q4: What if details in FIR don’t match my claim?
Significant mismatches can lead to claim rejection. Minor discrepancies may be clarified through investigation, but it’s best to ensure accuracy from the start.
Q5: Is FIR needed for cashless claims?
FIR requirements are the same whether you’re claiming cashless or reimbursement. The type of claim doesn’t change FIR necessity—the incident type does.
Q6: Do I need FIR for claims under Rs. 50,000?
There’s no blanket exemption based on claim amount. The nature of incident determines FIR requirement, not the claim value.
Q7: Can I withdraw FIR after insurance claim is settled?
Technically yes, but it’s complicated and may require court permission. Also, withdrawing FIR after claim settlement can invite fraud allegations. Consult a lawyer before attempting this.
- You might also be intrested in reading these articles as well
- Comprehensive Guide: Understanding Compensation in a Motor Accident
- Understanding the Complexities: Who Pays for Car Damage in a No-Fault State?
- Vehicle Damage Lawyer: Navigating the Legal Maze After an Accident
