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Old 8th August 2016, 12:18   #1
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Default Met with an Accident, but name not transferred in insurance

Dear folks, need your advice on my situation. I have recently adopted a pre-worshipped skoda superb and yesterday evening an idiot pedestrian jumped off the divider to avoid taking the overhead bridge right on top of his head, hitting my car. I was merely at 70+ and he fell scrapped my right side door completely breaking my right side view mirror. Thankfully, i saw him get up and run before I could stop, but my mirror is broken beyond repair.

The insurance is with United India and I had not yet initiated the formalities of name transfer. But I have done the name transfer in my RC.

Skoda is asking close to 40k for the replacement and the insurance advisor says, it will not be covered by insurance as the RC and the insurance are in different names now.

Please advice on what to do. Its been 2 weeks since I got the RC name transferred.
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Old 8th August 2016, 13:08   #2
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Red face re: Met with an Accident, but name not transferred in insurance

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Originally Posted by razorBlades View Post
Skoda is asking close to 40k for the replacement and the insurance advisor says, it will not be covered by insurance as the RC and the insurance are in different names now.
That's a lesson learnt in a hard way.

The best way forward now is to get the Insurance ownership transferred. If it would have been a private insurer you could have expedited but since you are stuck with a Public Insurer that is bound to take time. If you can live with a broken OVRM till the ownership transfer or else replace it.

Surprising that you were doing 70+ speeds in the city limits. I am trying to imagine the impact on the pedestrian even if he ran off. Surely he must have been bruised too.
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Old 8th August 2016, 13:12   #3
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Default re: Met with an Accident, but name not transferred in insurance

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Originally Posted by ghodlur View Post
That's a lesson learnt in a hard way.

The best way forward now is to get the Insurance ownership transferred. If it would have been a private insurer you could have expedited but since you are stuck with a Public Insurer that is bound to take time. If you can live with a broken OVRM till the ownership transfer or else replace it.

Surprising that you were doing 70+ speeds in the city limits. I am trying to imagine the impact on the pedestrian even if he ran off. Surely he must have been bruised too.
The insurance advisor says, he wants to survey the vehicle for the name transfer, click pics and then process it.

Last edited by GTO : 9th August 2016 at 10:38. Reason: Quoted post deleted
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Old 8th August 2016, 15:12   #4
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Default re: Met with an Accident, but name not transferred in insurance

My insurer (united), clearly told me I have to transfer the insurance within 15 days of getting the RC with my name on it from the RTO. Anything that happens within those 15 days will be covered by them. I cant recall if its 15 calendar or working days though!
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Old 8th August 2016, 21:30   #5
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Default re: Met with an Accident, but name not transferred in insurance

Search for that spare parts after market or at a chor bazar, that will save you a lot of heart-burn.

Yup, lesson learnt the hard way.
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Old 8th August 2016, 23:01   #6
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Default re: Met with an Accident, but name not transferred in insurance

I second Sheel's advice. This seems the most economical way out. Insurance obviously won't pay if names on RC and the policy are different. You need to transfer the insurance within 15 days of change of name in RC. Also, any new policy will warrant a survey of the vehicle by the new insurer/ underwriter; which means the broken mirror gets mentioned in the report and hence will not be covered in the claim.
Scout for the part in the flee market or scrap market.

Regards.
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Old 9th August 2016, 10:30   #7
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Default re: Met with an Accident, but name not transferred in insurance

Exactly same incident was replayed on me when I bought a pre-worshipped car and hit another vehicle before insurance could be transferred to my name.

I claimed the insurance through my previous owner and submitted all documents with his signature. The payment came to him and he paid me back. It was with United India.
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Old 9th August 2016, 10:47   #8
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Default Re: Met with an Accident, but name not transferred in insurance

Since it's just an ORVM, I'd suggest you to buy one cheap from the after-market.

However, if the damage was bigger or if the vehicle was stolen, the new owner does have a 14 day window. BHPian James is spot on:

Quote:
Background: When a second-hand vehicle is purchased, the law provides a time-limit for completion of the transfer formalities. What happens if a claim arises during the interim period that is after purchase of the vehicle but before completion of transfer formalities?

Case Study: Farhad Sattha sold his 2007-make Bajaj Pulsar motorcycle to Farzad Mithaiwalla on June 30, 2009, for Rs 45,000.

Under the Motor Vehicles Act (MVA), when a vehicle is sold, the buyer has to apply to the RTO for transfer of the registration within 30 days of purchase. Thereafter, the purchaser has to apply within 14 days to the insurance company for transfer of insurance certificate. The insurance policy cannot be transferred till the RTO's transfer formalities are completed.
Quote:
The forum considered Section 157 of the MVA which provides that a policy is deemed to be transferred in favour of the vehicle purchaser. The forum relied on a national commission judgment in the case of Narayan Singh v/s New India Assurance [IV (2007) CPJ 289 (NC)], where it was observed that it was highly deplorable on the part of the insurance company to take undue advantage of the consumers' ignorance in respect of a circular issued by the General Insurance Company stating that on transfer of a vehicle, the insurance automatically gets transferred in favour of the purchaser.
Quote:
Similarly, in National Insurance v/s Mohan Singh [I (2013) CPJ 664 (NC)] and Bajaj Allianz General Insurance v/s Lalita Devi [2013 (2) CCC 56 (NC)], the national commission has observed that the insurance policy cannot be transferred till the RTO transfers the vehicle's registration certificate. If a claim arises during the intervening period, it cannot be rejected on the pretext that the policy has not been transferred, because the time limit available for such transfer has not yet expired. The same view has been taken by the Maharashtra state commission in the case of United India Insurance v/s Kasturi J Patil.
Source & Full Article
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Old 9th August 2016, 11:05   #9
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Default Re: Met with an Accident, but name not transferred in insurance

Thanks guys for your suggestion. I will try and scout out for spares, best bet is scavengers at pudhupet. I had initiated the process for name transfer now and the surveyor is yet to come.

cheers.
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Old 13th August 2016, 17:26   #10
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Default Re: Met with an Accident, but name not transferred in insurance

Just a query guys, the side mirror is covered under insurance only for bumper to bumper? My insurance agent says since the car is more than 5 years old it will not be covered.
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