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Old 18th August 2008, 14:27   #1
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Question Third party insurance claims

I want to know if anyone has successfully (or not) claimed insurance from the third part cover? Here is some background.

My car met with an accident couple of weeks ago when it was parked on the main road. A transport auto (fully loaded) was driving very fast and he didnt see the speed breaker (was around 9:15PM). The auto toppled on its left side, skid all the way towards my car (Accent 2003 GLS) and impacted my car on the right side. I had to replace the door and the quarter panel. My insurance paid around 20K and I has to shell out 10K.What got me really going was when the police told me that claiming third party from the auto insurance will take 9-12 months and I would have to leave my car at the station .

So I want to know if anyone has successfully done this? and If so then what is the exact procedure and lessons learnt?
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Old 30th August 2008, 16:20   #2
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You should have seeked the help of a motor vehicle lawyer.

It may take about 6-8 months depending on the number of cases plied up at the respective office or sometime more than that.

You don't need to leave the car at the police station for long. But make sure that you had registered a case.
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Old 30th August 2008, 17:38   #3
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Claiming insurance from another vehicle which has damaged yours is what we are discussing here. Right?

Step 1 - quantify your loss. (Estimate, actual repair, etc.)
Step 2 - document your loss. (file a police report, obtain its copy FROM THE COURT, get repair bills)
Step 3 - Raise a claim with the other vehicle's owner and keep his insurer in the loop (send a copy of the notice to the insurer.
Step 4 - File a case in the motor accident claim tribunal (NOT the ordinary court). (Insurance companies will not pay up just coz. you asked.)
You can skip step 3 - you may loose at worst - "costs" of the proceedings from the court - your expenses in litigation.

You can use the survey report from your own insurer as part of step 1.

Problem - what happens if your vehicle is also insured by the same insurer as the other vehicles'?
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Old 1st September 2008, 10:48   #4
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Thanks BSD and Mithun. So basically I first get all repairs done at my own cost (after registering case with police etc) and then claim this full amount from the other guy's provider?
In my case the assessment was around Rs30K so paying it upfront and then risking it with the other guy would not have been possible.
I wish the whole process would have been much simpler!!
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Old 9th October 2008, 12:05   #5
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Default How to claim third party insurance from the vehicle that hit us?

My friend was traveling to Cochin from Tvm in his Esteem. Near Pallipuram the truck ahead of him slowed down and he to slowed down his vehicle. But unfortunately a LCV, carrying vegetables, which was following him couldn't stop in time and rammed into the Esteem from behind and sandwiched the car between the vegetable LCV and the truck in front.

Fortunately nothing happened to him and he was the only person in the car.

Three vehicles were taken tot he nearest police station and a GD entry was made in the book. It was told that FIR is not required as no one was injured in the accident.

The Esteem is lying in the garage awaiting repair. My friend has the registration number of the LCV that hit him and the copy of the GD entry made at the police station. He forgot to get the insurance details of the LCV at that moment. We would like to know how the accident damage can be claimed from the insurance of the LCV which hit us? Is there any hope?
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Old 9th October 2008, 12:16   #6
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I think, Maruti Insurance company people will help your friend. they have own procedure to claim Third party insurance. Just visit any maruti , body workshop. Your friend will be waived for all charges.
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Old 9th October 2008, 12:17   #7
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Unfortunately, you will have send notices to the owner of the LCV, and also his insurance company. Details of the insurance company are not required - just ask the LCV owner to pay up, and he will throw up insurance details.

I doubt the insurance co will pay up anyway - unless you sue them.
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Old 9th October 2008, 12:39   #8
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While I ditto on this bit, but this is really ridiculous. You need a dogged persistence to get this out of it and some whiff of an institution called the Consumer Court..

Quote:
Originally Posted by BaCkSeAtDrIVeR View Post
Unfortunately, you will have send notices to the owner of the LCV, and also his insurance company. Details of the insurance company are not required - just ask the LCV owner to pay up, and he will throw up insurance details.

I doubt the insurance co will pay up anyway - unless you sue them.
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Old 9th October 2008, 13:03   #9
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Quote:
While I ditto on this bit, but this is really ridiculous. You need a dogged persistence to get this out of it and some whiff of an institution called the Consumer Court..
You are not the consumer of the insurance company which covers the vehicle that hit you. Unless both of you have insurance from same company.
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Old 9th October 2008, 13:48   #10
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Quote:
Originally Posted by gogo_gogo View Post
I think, Maruti Insurance company people will help your friend. they have own procedure to claim Third party insurance. Just visit any maruti , body workshop. Your friend will be waived for all charges.
I don't think they will follow up with the insurance of the other party involved.

Quote:
Originally Posted by BaCkSeAtDrIVeR View Post
Unfortunately, you will have send notices to the owner of the LCV, and also his insurance company. Details of the insurance company are not required - just ask the LCV owner to pay up, and he will throw up insurance details.

I doubt the insurance co will pay up anyway - unless you sue them.
Quote:
Originally Posted by gd1418 View Post
While I ditto on this bit, but this is really ridiculous. You need a dogged persistence to get this out of it and some whiff of an institution called the Consumer Court..
Why doesn't his insurance company pay up. It's their duty to pay up, isn't it? Well it's very likely that his insurance company would challenge if asked to pay up.

Quote:
Originally Posted by BaCkSeAtDrIVeR View Post
You are not the consumer of the insurance company which covers the vehicle that hit you. Unless both of you have insurance from same company.
The insurance company of the other party is not known to us. But chances are that it might be different.

I shall ask my friend to call the owner of the LCV owner and ask him to pay for the damages. If the LCV owner gives their insurance details how should we proceed? Should we call contact a lawyer and send a notice to the LCV owner and the insurance company?

Here are the photos of the damage.
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Seat backrest which snapped back during the impact.
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Tomato from the vegetable LCV came flying and got stuck in the spoiler
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Old 9th October 2008, 14:24   #11
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I think you have to register a case at the Motor vehicles Accident tribunal and send the owner and the insurance company a notice as 1st and 2nd respondents respectively. I guess you must have a lawyer now.
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Old 18th December 2014, 15:28   #12
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Default Re: Third party insurance claims

Bumping up an old thread.

I got rear-ended by a tailgating car and it broke the rear bumper of my car. The driver of the other car has admitted that he was following too close and have suggested that I claim the insurance from his provider. He has assured co-operation to file the claim.

My question is, has things improved now, or is it still a pain to get third party insurance paid by the company? Service center guys have quoted 11K as repair estimate and have asked for insurance approval notice to go with this kind of claim.

I do have bumper to bumper insurance myself, but I don't want to put an accident claim record on my car for no fault of mine, and neither do I want to lose my NCB.
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Old 19th December 2014, 15:00   #13
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Angry Re: Third party insurance claims

Quote:
Originally Posted by Horizon81 View Post
has things improved now, or is it still a pain to get third party insurance paid by the company?
Unfortunately no. The process is still a big pain as it involves the court to decide on the third party compensation. It may be very easy for the driver of the other car to propose that his Insurance co pick up the tab for the repairs but in reality, the insurance co cannot compensate on a mere claim. the process is quite tedious with an FIR being filed, matter to heard in court and judgement to be passed. Post which Insurance co will initiate the claim settlement after the surveyor report. Till such time the car cannot be repaired and will be impounded by the cops. They will not handover the car even for repairs. People get frustrated with this time consuming process and many a times agree for out of court on the road settlement. Till the time fast track courts are introduced to speed up the process, the experience will continue to be a frustrating and painful one.
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Old 19th December 2014, 16:21   #14
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Default Re: Third party insurance claims

This process would be an ideal candidate for revamp in the latest motor vehicle act that is being proposed.
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Old 18th August 2015, 20:27   #15
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Till such time the car cannot be repaired and will be impounded by the cops. They will not handover the car even for repairs.

This is not true, at least in Tamil Nadu. The police will send a requisition to the concerned Motor Vehicles Inspector of the RTO who will inspect the vehicle and is usually handed back within 3 days. But of course, after that we need to file a Third party property damage claim before the Motor Accidents Tribunal and even assuming that the insurer is willing to settle the matter at the Lok Adalat it will take not less than 6 months in most of the cases. If the case is contested, 2 to 3 years. But the award amount will be with 8% interest in all cases.
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