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Third Party Property Damage

In these cases, normally the insurance company and the claimant (that is the third party) arrive at the amount of settlement together after taking various aspects into consideration.

Third Party Personal Injury

Most of the injured parties do not agree for compromise settlements and prefer to go to the Motor Accidents Claim Tribunal (MACT). The auto insurance company has to settle the court award plus a rate of interest of 120 percent per annum from the date of filing the case.

The amount will be deposited in the court and the court will pay the compensation money to the legal heirs of the dead.

Driver's Death Or Injury

In case the driver is dead or injured, the driver's legal heirs will make a claim to the Workmen Compensation Commission and the concerned authorities will allot the award in accordance with the Workmen's Compensation Act and the Insurance Company has to pay that award.

Own Damage

Along with the claim, if the vehicle sustained any damage due to the accident, the insured policyholder will submit an estimate for repairs from a reputed motor repairer.

Generally, the insurance company will send a Surveyor to assess the damage in accordance with the Break Inspector's Report and he will put forward his recommendations.

Finally, the vehicle will be repaired and the insurance company will get a declaration from the insured policyholder to the effect "that the vehicle has been repaired to the satisfaction of the Insured" and then the claim cheque is issued.

THEFT

Needless to say but only the registered owner of the vehicle can make a claim. If anything happens to the motor vehicle which may merit a claim from the insurance company, the insured policyholder should necessarily take the following steps:

In case of theft

The insured policyholder should report the theft to the insurance company, immediately in writing. The report should include

  • A clear description of the incident
  • The date and time

The insured policyholder should report the theft to the concerned police station as well. He must obtain a First Information Report (FIR) from the police.

If your vehicle is non-traceable then he must produce a certificate from the police to the effect that the thief has not been found and the vehicle cannot be found.

If the policyholder is able to produce such a certificate, then the insurance company will have to settle the claim in cash - to the latest market value or the "estimated value" mentioned in the policy whichever is less.

The insurance company may appoint an investigator to examine the genuineness of the theft (in case of theft). The insurance company may also appoint an independent surveyor to assess the cause and extent of loss (in the case of accident).

These appointments are at the option of the insurance company.

ACCIDENT

Needless to say but only the registered owner of the vehicle can make a claim. If anything happens to the motor vehicle which may merit a claim from the insurance company, the insured policyholder should necessarily take the following steps:

In case of accident

The insured policyholder should report the matter to the insurance company immediately in writing. He must obtain a claim form as quickly as possible from them.

He must submit the completed form to the insurance company with the following supporting documents:

  • An estimate from reputed repairers, in case your own vehicle is damaged
  • A copy of the FIR with the police sketch of the accident
  • Driving license
  • RC Book
  • Fitness certificate
  • Permit
  • FIR
  • Final bill from repairers
  • Satisfaction note from the insured policyholder himself

Important details within the Claim Form

  • Name of the driver with his address and some other particulars regarding the driver
  • Driving License of the driver has to be enclosed (original is preferred)
  • Details of damage to the vehicle - a detailed estimate from a reputed repairer
  • Sketch showing the accident spot (police sketch of the incident)
  • Number of persons injured and damaged property if any

Aspects that the insurance company will look into while scrutinising the claim.

R C Book

  • Are tax payments up to date?
  • Is the fitness certificate up to date in case of commercial vehicles?
Insurance
  • Was the insurance policy in force when the accident occurred?
  • What is the type of cover you have availed?
  • Are there any limitations on their liability in respect of such claim?

Driver

  • Did the driver have a valid driving license at the time of accident?
  • Was the driver intoxicated while driving? (This would be checked with the FIR. If it is so, it would have been mentioned in the charge sheet and a fine would have been levied for the same)
  • Have the police issued a charge sheet against the driver? If yes, what is the amount of fine?

Two Wheelers

Claims involving Damage to the vehicle
Claims involving Injury/ Death/ Damage to any third party or their property
Claims involving Theft

Note: Only the registered owner of the vehicle can make a claim.

Claims involving Damage to the vehicle

  • Inform the nearest office of the insurance company immediately so that they can arrange a spot survey.
  • Inform the nearest Police Station about the accident without delay
  • Arrange for the vehicle to be photographed at the site of the accident itself
  • In case of a fire accident, inform the nearest fire brigade
  • Get yourself a claim form as soon as possible and ensure that it is filled completely and correctly
  • Submit an 'Estimate of Repairs' to the insurance company as soon as possible

Do not allow the repairers to commence the repairs until the insurance company has approved the "Estimate" and cost of replacement of parts. (you can authorise the repair of the vehicle, only to the extent of Rs.150/-)

Submit the following documents to the insurance company:

  • RC Book (including taxation book)
  • Driving License of the person who was riding the vehicle at the time of the accident
  • FIR or Police Report, Motor Vehicle Inspector's Report, Fire Brigade Report (if applicable)
  • In case of successive accident, the CFX Revoke Form must be submitted

Claims involving Injury/ Death/ Damage to any Third Party or Property

  • If any third person is injured in an accident, then move the injured person immediately to the hospital for treatment
  • After ensuring that the person is receiving medical treatment, report the matter to the police without delay
  • If any property (belonging to a third person) has been damaged as a result of the accident, inform the police immediately

Do Not accept any responsibility for the accident and Do Not promise any compensation to any third person involved in the accident.

Do Not plead guilty voluntarily.

If you receive any Notice of Claim from the third party, Motor Accidents Claim Tribunal or any Court, send it directly to the insurance company. Do Not Respond to it on your own (the insurance company will handle it for you provided your papers are in order).

Get hold of and preserve written statements from eyewitnesses of the accident.

Submit these documents to the insurance company:

  • RC Book (including taxation book)
  • Driving License of the person who was riding the vehicle at the time of the accident.
  • FIR or Police Report, Motor Vehicle Inspector's Report, Fire Brigade Report (if applicable)

In case of successive accident, the CFX Revoke Form must be submitted.

Claims involving Theft

  • Inform the Police at once
  • If your RC Book is also lost along with the vehicle, then obtain a duplicate copy
  • Keep in touch with the Police to find out how the investigation is progressing.
  • If the vehicle is not traced, obtain a certified copy of the Order passed by the Court accepting the Police Report that the vehicle is not traceable and forward this to the insurance company.
 
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