[funkykar]

I am a bit confused here. Occasionally if someone forgot, can it be termed negligence? Not supporting the car owner nor insurance company here. But occasionally, it can happen to anyone and if not lucky can get into such situations. How does one prove he wasn't negligent in such cases?

I also ask this because many leave behind the keys on 2 wheelers especially on bikes like Activa when they open the seat to keep the helmet back. Its happened to many people whom I have known and on couple occasions, I have taken keys left behind by some one and handed over to shop/hotel asking them to give it to owner if they returned.

What happens to such cases? I ALWAYS felt these 2 wheelers should have designed the lock in such a way that merely dropping the seat shouldn't lock, but the key has to be used to lock, like in the Bajaj scooters.

Coming back to this case, it can even be possible that the owner may have locked his car and lost the key/accidentally dropped key while pocketing. Some one found the key, stole the car?

[Jeroen]

Originally Posted by funkykar

I am a bit confused here. Occasionally if someone forgot, can it be termed negligence? Not supporting the car owner nor insurance company here. But occasionally, it can happen to anyone and if not lucky can get into such situations. How does one prove he wasn't negligent in such cases?

Look at it from a different angle. If you forget to take your keys out of your car and the car gets stolen why should the insurance company pay for that? Its not their fault, you are forgetful and it might get your stuff stolen.

Being negligent, means you failed to take proper care. And yes, I would think simply forgetting stuff, which Im sure happens to all of us, does come onto that header.

There might be a more elaborate formal legal definition, but its all about taking proper and due care.

Jeroen

[Rubbertramps]

In case of theft of the vehicle, lodge an F.I.R. with the police immediately. Inform the policy issuing office with a copy of FIR and submit the final Police Report as soon as it is received. Extend your full cooperation to the surveyor and/or investigator appointed by the company. After approval of the claim by the company, get the Registration Certificate transferred in the name of the company, hand over the keys of the vehicle, submit a letter of Subrogation and Indemnity on stamp paper duly notarized.

I was about to buy insurance for my 2010 Punto and i opted for Zero Dep. The terms and conditions of the insurance stated the above text in the case of theft. We are supposed to hand over the keys. Assuming they will ask for both the keys including the spare key. !!


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[charanreddy]

Posting a recent supreme court judgement in this regard. It also answers some questions on what happens if the valet steals the car and so on.. Bottom line , other than for owner negligence, the owner is not liable..



https://m.timesofindia.com/india/hot...ive_share_tray