Re: Death to 3rd party in accident, but car still not transferred by new owner. Now what? Quote:
Originally Posted by Rahul Rao I had discussed this with a insurance co lawyer some years ago, and he had said that only the comprehensive part of the insurance becomes invalid. The third party part continues to remain valid. There is no provision for cancellation of TP part once policy is issued.
Rahul |
Correct. In the absence of a transfer of the insurance policy to the new owner, the own damage component of the insurance is not valid anymore, but the third party component continues to remain valid. In fact, the insurance companies earlier used to reject third party damage claims if the transfer had not happened, but this has been removed now and they do not have that recourse. They need to honour the third party liability claims. In some cases, the Supreme Court has held that the insurance company can recover (not sure if it's full or partial) the claim amount from the owner of the vehicle.
I consulted a reputed lawyer about my particular case, i.e. RC transferred to new owner but insurance not transferred and provided all the supporting documentation:
1] Documents from dealership confirming receipt of old vehicle
2] Invoice for new vehicle which shows the deduction in lieu of exchange
3] RC extract confirming ownership transfer of old vehicle
The legal opinion is that the above supporting documents are sufficient to ensure that the previous owner does not have a liability in this situation.
Lesson learnt : Research more thoroughly on team-bhp about procedures involved in vehicle purchase/transfer/resale and follow them diligently ! |