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Old 10th December 2009, 18:20   #106
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Quote:
Originally Posted by amit_mechengg View Post
the legal dept will reject on the basis of contradiction
True

Unfortunate part of the hole thing is that this will happen if you don't give anything in writing to them now.

I will advice you again PLEASE take a legal advice before handing over anything to insurance company. As we all (Including my self) are not legally literate people here. We are not the people who will make any payment to you if insurance company reject's the claim.
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Old 10th December 2009, 18:26   #107
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Amit,

Get a good lawyer. Let him/her advise you on the way forward with ICICI Lombard and the police.
At this rate, you are apt to get confused. It is clear that you have been very unlucky and that you are being treated very badly by the insurer.
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Old 10th December 2009, 18:41   #108
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Dude for gods sake dont give any statement that your driver has taken money for that. That will be the end of your claim[if the commercial thingy they telling is valid].

Last edited by Unknownsatan : 10th December 2009 at 18:45.
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Old 10th December 2009, 18:48   #109
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Lawyer please.

Standby this' As a owner I did not use this for any commercial purpose. It is being alleged that the driver received money, which I am unaware of. If proven that the driver received money, then he needs to be penalised for misusing my vehicle. The driver could be part of the whole theft game'

Silly question, will the claim be completely rejected or a portion of it will be rejected, any idea?

Do we have a lawyer in our community?
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Old 10th December 2009, 19:39   #110
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Quote:
Originally Posted by amit_mechengg View Post
the FIR copy is with me. its mentioned that the driver agreed to let in the people after they agreed to pay him 800 rs. the drivers statement was also written in front of me , by the surveyor.

icici has contract with a 3rd party for survey. the surveyor was not from lombard. the driver wrote the statement as he was asked by the surveyor.
in the drivers statement its written that i let in those people as their mother was not well and they requested him a lot. he has not given a statement saying that he took 800 rs.

the driver can very well say alter his statement that what i wrote in FIR was wrong and i was in shock. i dint take any money and i dint ask for the same.
Amit,
Another twist could be that the driver can make an addition to the FIR, stating that his fuel was low and he had asked the pax to fill in fuel worth 800 to make it to the destination.

This can change things to a large extent. He can add that you had given him money, it fell out of his pocket (to keep things simple) and that he could not find the money, so he "requested" the fellow pax to fill in fuel, so that the car could go ahead.

Additionally if he corroborates to this, it will help you and the case, and obviously take the moral responsibility for this whole mess.
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Old 10th December 2009, 19:59   #111
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In any car / vehicle insurance, there are components to the premium.

First is the preminum for third party claims. This is different for commercial vehicles and non-commercial vehicles. (transport and non-transport is the correct term, but what the heck, when I travel in my own car, I transport myself).

The second component of the premium is that for damage to the vehicle due to theft, fire, etc. I believe that this is same for both transport and non-transport vehicles. But I am not sure. Can somebody here please confirm this?


Edit:- what ever you say, do not cook up a cock and bull story. As advised, take legal advise. Phrase your written statements properly. THere is a hell lot of difference between "my driver took money" and "I am told that my driver took passengers for money".
If premium for :own damage" is same for commercial and non-commercial use, the insurance company cannot shirk their liability. But, I also suggest you go through the insurance policy with a fine comb. If the policy does not cover commercial use, I am afraid that you cannot be saved, even if the premium is same.

Last edited by BaCkSeAtDrIVeR : 10th December 2009 at 20:01.
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Old 10th December 2009, 21:33   #112
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what he said was that there is different policy for commercial and personal use. people save on premium by taking personal policy for commercial.
and my car has been used for commercial so the claim can be rejected.
i spoke to a icici bank person.
he said that lombard is the most 3rd class branch of their. he said that if he mails you then only respond. if he is asking over phone dont. they always harrass people
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Old 10th December 2009, 21:51   #113
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Quote:
Originally Posted by amit_mechengg View Post
what he said was that there is different policy for commercial and personal use.
True; confirms my hunch.

Quote:
people save on premium by taking personal policy for commercial.
and my car has been used for commercial so the claim can be rejected.
The "claim can be rejected" part is somewhat true.

The point is, you have to take a commercial use policy for a yellow board car.

Please do not make up stories. Put yourselves in the position you where about 10 seconds before your driver called you up reporting the theft. What you knew at that point of time is what is relevant and important.
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Old 11th December 2009, 08:32   #114
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Quote:
Originally Posted by amit_mechengg View Post
what he said was that there is different policy for commercial and personal use. people save on premium by taking personal policy for commercial.
Quote:
Originally Posted by BaCkSeAtDrIVeR View Post
The point is, you have to take a commercial use policy for a yellow board car.
That's what he is saying sirji, people buy Pvt. car's (Which is cheaper) insure them for Pvt. car's rate which is lower then commercial rates and use it as commercial car's.

Quote:
Originally Posted by amit_mechengg View Post
he said that lombard is the most 3rd class branch of their. he said that if he mails you then only respond. if he is asking over phone dont. they always harrass people
This one is very true please don't give them anything in writing unless you receive anything in writing from them.
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Old 11th December 2009, 12:16   #115
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i consulted a lawyer. he said that do no give anything in writing as such. its not your duty. the surveyor interrogated the driver, he had the fir with him he wrote what he wanted.

he said even if the police have written that driver took 800rs its not valid. if the driver tells police that he was smuggling drugs in the car that doesnt mean the owner is a smuggler.

he said is they reject the claim on basis of FIR we can stand a case against them.
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Old 11th December 2009, 14:39   #116
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Quote:
Originally Posted by amit_mechengg View Post
he said is they reject the claim on basis of FIR we can stand a case against them.
Thank God, This would have atleast given some hope of getting the Insured amount back else i was thinking that your claim might get rejected.
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Old 11th December 2009, 14:48   #117
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now i am firm , i will fight against icici till eternity. i also have links to so many consumer complaints against ICICI. will document everything and present to the court that ICICI is well known for its bullshit antics and harrassment with the customers
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Old 11th December 2009, 14:57   #118
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Quote:
Originally Posted by esteem_lover View Post
It is better not to commit anything as of now. There must be some hazzles in straightaway declining your claim based only on the FIR which is why the insurance company wants something written from you.
Quote:
Originally Posted by esteem_lover View Post
I doubt if they have asked anything in writing.
Quote:
Originally Posted by amit_mechengg View Post
i consulted a lawyer. he said that do no give anything in writing as such.
DO NOT GIVE ANYTHING IN WRITING. LET THEM WRITE TO YOU FIRST. Telephonic conversations mean nothing.
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Old 11th December 2009, 23:27   #119
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@amit - if at all the damage has already been done beyond repair that the driver has collected money, you've to have a good lawyer present your case. There is no way anybody can prove that the driver collected money for offering a ride in the car. It could be that he helped them with something else and they tipped him. At least clutch at that point - after a consultation with a legal service provider. The best is NEVER bring any money exchange in this episode.
OT - ICICI and its services have always been a pain to me!
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Old 12th December 2009, 11:05   #120
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good to see the advice given by the lawyer. seems perfect. good that you didnt gave anything in writing till that time.

Never believed in ICICI, dont have any type of relationship with them, banks, homeloan, car loan, health insurance, life insurance, car insurance. Was never comfortable with them. Apna sarkari companies seem far better than them.
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