- Report the matter with the nearest police station within 24 hours of the occurrence of such an incident.
- Note down the names, addresses and phone numbers of witnesses and the registration number of the vehicle involved in the accident. Also jot down the name and number of the policeman who arrives at the site of the accident.
- Notify the nearest insurance branch about the accident, its time, date, and place and obtain your claim form.Fill the claim form with details and submit it to the office along with the estimate of repairs, a copy of the Registration Certificate, and the driving license of the driver of the vehicle at the time of accident.
- In case of any notice from the third party, Motor Vehicle Claims Tribunal, or a court of law, make no promises to settle the matter out of court. Send all notices, summons etc. you receive to the car insurance company for further action.
- you have to obtain a FIR to claim car insurance in any of the following cases. The FIR needs to be given to the insurance company to process the claim. Any third party personal injury or death due to an accident involving your vehicle Any personal injury or death of a paid driver Any personal injury or death of an owner-driver Any personal injury or death of a passenger Any third party property damage Theft of the entire vehicle Theft of accessories Any loss or damage to the vehicle by miscreants, rioters, terrorists, arsonists, etc
If some one else is driving your car / vehicle what is owner's liability?
If you have purchased a Comprehensive car insurance policy and added the personal accident cover for passengers and drivers, you can make a claim. but as the owner you have to ensure that:
Only those with a valid driving license for that category of vehicle are given control of your vehicle.The person driving your vehicle is not under the influence of liquor or any other intoxicant The insurance company will not be liable for either damage to the vehicle or any third party legal liability, if the driver is intoxicated with liquor or any other substance.
What is Malus?
Suppose you have an accident and make a claim on your car insurance policy. At the time of renewing your policy, the insurance company loads an extra charge on to your premium (on the Own Damage part of the premium). This extra charge is called Malus. The Malus is charged considering that you are a riskier customer to insure because of your accident and subsequent claim. Malus amounts vary - a two-year old vehicle attracts a 10% Malus of the Own Damage while a four-year old vehicle attracts 50% Malus for insurance.
Do I need to keep my insurance papers in my vehicle?
According to Section 158 of the Motor Vehicles Act, any person driving a motor vehicle, on request from a police officer in uniform, must produce:
The insurance certificate, The Certificate of Registration or RC Book ,The driving license The certificate of fitness and the permit in the case of commercial Therefore, it is advised to keep the insurance papers in the vehicle.
What do you mean by Hit and run case?
Hit and run accidents, since the vehicle is not traced, no liability can be imposed on any car insurance company and the victims have to suffer. The only compensation possible is under the Solatium Fund Scheme. The Solatium Fund has been established by the Central Government - 70 per cent of it is contributed by the General Insurance Corporation of India and the balance by the Central and State Governments.If a person dies from a hit and run motor accident, a sum of Rs. 25,000 is payable; for grievous injury, a sum of Rs. 12,500 is payable.
What should I do if I receive a Court notice from a third party claimant? I
In the event of a third party claim, notify the insurance company in writing along with a copy of the notice and your insurance certificate. DO NOT offer to make an out-of-court settlement or promise payment to any party without the written consent of the insurance company. The insurance company has a right to refuse liabilities arising out of such promises. The insurance company will issue a claim form that has to be filled and submitted along with: Copy of the Registration CertificateDriving license,First information report (FIR)After verification, the insurance company will appoint a lawyer in your defense. You are expected cooperate with the insurance company, providing evidence during court proceedings. If the court orders compensation on your part, the insurance company will then do it directly.
How do I make a claim in case of theft of vehicle?
In the event of theft of vehicle, lodge the First Information Report (FIR) with a police station immediately. Inform your insurance company and provide them with a copy of the FIR. Submit the Final Police Report to the insurance company as soon as it is received.
Extend full cooperation to the surveyor or investigator appointed by the company.
After the claim is approved, the Registration Certificate of the stolen vehicle has to be transferred in the name of the company. You also need to submit the duplicate keys of the vehicle along with a letter of subrogation and an indemnity on stamp paper (duly notarized) to the insurance company.
What if I have an accident with an uninsured vehicle?
It does not matter whether the vehicle on the other side has insurance or not. If you have a comprehensive policy for your vehicle, you are fully insured against liabilities, subject to your policy specifics.
If there is a dispute regarding the claim settlement between the insured and the insurer, how is the dispute resolved?
The most common form of dispute that arises between the insured and the insurer is about admission of liability or the size of the claim. Disputes regarding claim amounts, where the insurer has agreed to cover the claim under the policy, are referred to an arbitrator. If the decision of the arbitrator is disputed by either party, the Consumer Forum or the Civil Court could be approached.
The author is a practicing advocate in Bangalore , Karanataka if you need more details or help you can mail him at btkoller@yahoo.co.in
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