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Old 23rd August 2018, 11:39   #16
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Default Re: The tale of a Total Loss Claim

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Originally Posted by manipal View Post
I begin my story from the time I posted, couple of years back
Quote:
Originally Posted by samaspire View Post
Major part of the delay was because he claimed the RTO money and cancelled his registration.
Thanks Manipal for sharing your experience man! Hats off to your perseverance to see it through

In such total loss situations, is it not possible to initiate a refund with RTO without informing the insurance company, when we are being that it is a total loss case? Would there be legal implications?
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Old 23rd August 2018, 11:52   #17
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Default Re: The tale of a Total Loss Claim

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Originally Posted by manipal View Post
Thanks ...yes I did get the amount credited, to my account. about a month back, through the consumer courts mediation.
Start to end how many months did it take?

I don't really understand zero dep policy and IDV. If it's zero dep then claim amount has to be the IDV which is usually ex showroom price. Am I right?

Last edited by bharatbits : 23rd August 2018 at 11:55.
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Old 23rd August 2018, 12:00   #18
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Originally Posted by shipnil View Post
Thanks Manipal for sharing your experience man! Hats off to your perseverance to see it through

In such total loss situations, is it not possible to initiate a refund with RTO without informing the insurance company, when we are being that it is a total loss case? Would there be legal implications?
RTO does not require any letter from the insurance company. in my request as well, I wrote that I am unable to get the repairs done.
Further insurance is issued to a new car based on engine & chassis number. We as an owner are asked by the insurance company to comply with the MVC act, So there is no way the insurance company can ask about payments, made by us, to the RTO, for complying with MVC act. However, if we don't comply with MVC act, of vehicle registration at RTO, within 30 days, the contract is null and void.

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Originally Posted by bharatbits View Post
Start to end how many months did it take?

I don't really understand zero dep policy and IDV. If it's zero dep then claim amount has to be the IDV which is usually ex showroom price. Am I right?
Accident on 22nd July 2016, claim form submission 10th August 2016, the case filed at consumer forum January 2017, verdict awarded March 2018, payment received July 2018.

That's the point these companies initiate a policy at the ex-showroom price of the car. Nowadays we do have options of availing an insurance for on road price of the car.

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Originally Posted by gkveda View Post
The photo in the last (Pasting just for reference) is NOT ABOUT XUV - How it WAS and How it IS.

It is a symbol of the Indian POLICE, INSURANCE COMPANIES, and SYSTEMS in India - How they behave in the begining and at the time when we need their support.

For Instance, First Picture represents how Insurance companies fall behind you when they want you to buy a policy and second picture depicts the way they act when you claim the insurance. Our Entire System is like this.

Really glad that you fought till the end against the system and WON it.

My only sincere suggestion is, Forget the past. By the way, which car have you planned now ? New car is already in Garage ?
Thanks a lot, sir..... I was helped by 3 friends of mine, one of them Bhpian sashas, who lent their cars to me. I did buy a Renault KWID AMT, this January. Will buy an XUV, hopefully by the year-end

Mod Note: Please use the EDIT or MULTI-QUOTE buttons instead of typing one post after another on the SAME THREAD!

To know how to multi-quote, click here.

Last edited by Samurai : 24th August 2018 at 08:54. Reason: back to back posts merged. and first part edited. Fixed typo.
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Old 23rd August 2018, 12:21   #19
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Default Re: The tale of a Total Loss Claim

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Originally Posted by manipal View Post
only Oriental Insurance company, has a policy of cancelation of registration, of a vehicle rendered for a total loss.
Off topic: How is it when the vehicle is stolen? Do they have a policy for cancellation of registration? Or they take signatures on blank forms? Thanks in advance.
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Old 23rd August 2018, 12:21   #20
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Default Re: The tale of a Total Loss Claim

That's a lot of trouble you had to go through. One thing I wanted to ask was, that you said that the car is in your uncle's parking lot. And the last picture shows the same. And you cancelled the registration. Does this mean that you still have the car? Can you sell it for parts?I'm a noob in these matters and hence can't understand.
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Old 23rd August 2018, 12:22   #21
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Originally Posted by NetfreakBombay View Post
Did Insurance company pay IDV (minus some deductibles like 2k compulsory)?
Ha ha, they even could not cut the compulsory deductible of Rs 2000, thanks to the court verdict.

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Originally Posted by Hudson View Post
Off topic: How is it when the vehicle is stolen? Do they have a policy for cancellation of registration? Or they take signatures on blank forms? Thanks in advance.
When a car is stolen, then they do take the forms 29 & 30. But here we have to submit after probably taking the signature of the insurance company official, on an affidavit, from the insurance company, stating they are not eligible for the road tax refund. If they refuse, then hire a good lawyer.

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Originally Posted by drmohitg View Post
What a read. Thanks for such a detailed chronicle of your experience and many congratulations for being able to emerge victorious.

What was the final compensation offered by the court or is there a non-disclosure at play here too? More than the amount, I am interested in knowing if there is any public shaming or monetary loss that the insurance company suffered since they tried all the tricks to cheat you.

Second what did the court make out of the false claim by the insurance chairman/manager about crediting the said amount to your account and conveying the same to MoF.

Lastly just from a financial point of view, you gained approx. 2L of road tax amount by going through this hassle that lasted for almost a year. And that too with help of such wonderful well placed friends. I shiver to think what would a normal person have done without the connections and the goodwill of your medical degree. Such a person might still be waiting for the SI to show up at the police station!

Compensation awarded IDV Rs9,85,714 plus 10 percent interest , Rs 50000 as incidental expenses, rs 10000 legal fee.

UIIC is corrupt at all levels, so even god would not try to deal with such officials

This battle was more than money, I had called my insurance agent, a month prior to the renewal of my policy, to keep the IDV at Rs 12,00,000, offering to pay a higher premium.

No one messes with Zohan

Last edited by Gannu_1 : 23rd August 2018 at 12:33. Reason: Back to back posts merged. Please use the multi-quote option (QUOTE+) while quoting and responding to multiple posts. Thanks.
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Old 23rd August 2018, 12:36   #22
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Default Re: The tale of a Total Loss Claim

Wow, appreciate your endurance in following through and getting what is your due.
But what strikes me in this whole story is, you had to use your contacts from within the system to get things going at various stages. For most of us who have no contacts, I don't see things going anywhere in such situations. These are the times it is frustrating to be a citizen of this great country.
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Old 23rd August 2018, 12:46   #23
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Default Re: The tale of a Total Loss Claim

The lax attitude of those involved is clear in this one document.
Attached Images
 

Last edited by swissknife : 23rd August 2018 at 12:48. Reason: increased the bottom of the image to accomodate the watermark
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Old 23rd August 2018, 12:54   #24
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Originally Posted by swissknife View Post
The lax attitude of those involved is clear in this one document.
True. a copy pasting error, But RTO Ramanagra was very considerate to me.
That cost me an additional 15days, fortunately, could get away without going back to Ramanagara, for rectification. You can guess how I did it

Quote:
Originally Posted by pratik1992 View Post
. Does this mean that you still have the car? Can you sell it for parts?I'm a noob in these matters and hence can't understand.
No the insurance company owns the scrap.
In between they mislead me to opt for salvage loss, (though the survey report form their surveyor was for a total loss)
They made some scrap dealer call, who offered me to buy it for Rs 3,00,000. But the catch here is, once I accept the offer and sign the papers, the insurance company officials would inform the scrap dealers not to buy it from me or the scrap dealer to pay may be Rs 50000, as these guys are best buddies, and my efforts would have been defeated and no other scrap dealer would buy it for any price (I would have been forced to keep the junk). These insurance companies and scrap dealers function as a cartel.

Last edited by Gannu_1 : 23rd August 2018 at 13:11. Reason: Back to back posts merged. Please use the multi-quote option (QUOTE+) while quoting and responding to multiple posts. Thanks.
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Old 23rd August 2018, 13:17   #25
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Default Re: The tale of a Total Loss Claim

Firstly my deep sympathies for what you had to go through and secondly thanks so much for sharing your experience. It just helps us car owners to be aware of what to expect when and if God forbid we face this situation and are perforce to begin our rounds of the Couldn't-Care-Less trio of Insurers, Cops and the dealer.

There are systemic things in this country that have just not changed:

a) Cops asking for bribes, and ducking their responsibility
b) Insurers & the RTO ducking claims, being bureaucratic, minimising and delaying payouts
c) The road side public, dealers and tow trucks operators stealing parts and accessories from total loss vehicles.

Looks like there continues to be a shortfall of honesty and personal or professional ethics in these people. I am at a loss for words and very disappointed.
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Old 23rd August 2018, 14:42   #26
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Default Re: The tale of a Total Loss Claim

The account he has given here, does not mention any of the bribes that he had to give to get things moving. Just high level influence did not work.

The only people who gained from this, are the guys who loaned him their cars. They would have got back their cars in brand new condition - inside and outside. He is crazy about detailing his cars and would not have spared these cars either. There is running legend at his hospital - "If Dr. Arun's car is in the parking lot during lunch time, then you can be sure that it's raining outside."
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Old 23rd August 2018, 16:03   #27
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Default Re: The tale of a Total Loss Claim

Bravo Dr.!

Deeply appreciate your perseverance in this regard.
More so, for taking the pains to share your experience with the community! You sure have educated us about the tricks of these professional cartels/thugs.

Hope nobody else has to go through such an ordeal. If it comes to that, here's a summary of the steps to undertake based on your experience. Please correct me if my understanding is correct.

  1. After ensuring the safety of the people involved in the accident, get the local police to register an FIR with the correct narrative of the incident.
  2. The FIR can be prepared only after the local RTO officer performs an inspection and gives a report. Ensure that this happens quickly.
  3. Beware of burglaries while your vehicle awaits the FIR at the police station.
  4. Move your vehicle to the garage only after you have the FIR.
  5. Beware of the theft by towing company workers. Tips don't always work.
  6. Raise an insurance claim with the insurance company preferably with the FIR, but at the earliest after the accident.
  7. If the insurer decides to go for total loss settlement, ask the insurer to pay you IDV + LTT (pro-rata as per RTO website). Without these, do not handover the RC book or give Form 29, 30 to the insurer.
  8. Also, if you decide to go for total loss settlement, get your vehicle moved out of the garage to a safer place which is cheaper than the parking charges at the garage.
  9. If the insurer doesn't agree to pay IDV + LTT (pro-rata), file a consumer court case against the insurer to let you get the vehicle de-registered and LTT refunded (pro-rata) from the RTO or to compensate you for the same before handing over the vehicle to the insurer.
  10. Last and most important, take acknowledgements for everything that you submit anywhere!

Does this summarize the high level steps correctly?

As your vehicle was just 3 years old, the IDV itself was not in dispute. Else, insurer may dispute the IDV itself (esp. for vehicles beyond 5 years) and force one to settle for a much lesser claim as per the current market price of the vehicle. If my memory serves me right, there have been such threads here on this forum!

As someone already said, you had the enormous good will from your profession & contacts who helped you get RTO files back. God help us lesser mortals!
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Old 23rd August 2018, 17:57   #28
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Default Re: The tale of a Total Loss Claim

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Originally Posted by naut View Post
  • If the insurer decides to go for total loss settlement, ask the insurer to pay you IDV + LTT (pro-rata as per RTO website). Without these, do not handover the RC book or give Form 29, 30 to the insurer.
I don't think insurance companies will agree to refund LTT, its against their business model! I realize now why insurance companies used to declare cars total loss at drop of a hat. The pay off is really good for all parties involved.
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Old 23rd August 2018, 18:01   #29
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Default Re: The tale of a Total Loss Claim

Your patience and documentation skills are certainly commendable Dr. Thank you for sharing your ordeal!

I had a similar experience 15yrs ago when I wanted to get my passport done. I was twice given negative address verification report by the local police constable as I had refused to pay him when he visited my home. I then had to go to the monthly "Passport Adalat" for 8+ months to repeatedly put up my case to the regional passport officer and explain my situation. Finally, when the verification was initiated for the third time, it was approved and I got my passport, only to later find that my Father had paid up the constable when he visited my home According to my Father, he could not see me reject any more on-site opportunities that were coming my way.
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Old 23rd August 2018, 18:19   #30
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Default Re: The tale of a Total Loss Claim

You had done such a commendable Job Sir. Your determination and patience is just phenomenal and a lesson to many like me.

I was wondering even after you have good contacts, you have to go through so much of pain. What would happen with a common man, police and RTO will go hand in hand to take benefit in any such situation without having any empathy to the victim.

Recently friend of mine went through a similar situation, where he has to bribe police and RTO to get necessary certificates, so that he can move the car from local police station to Bangalore.
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