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Old 25th August 2018, 08:55   #46
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Default Re: The tale of a Total Loss Claim

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Originally Posted by manipal View Post
My uncle lodged a complaint that I was driving fast and negligent and hit the truck in front.
I could not understand what made you agree to such statement.

But, that's really a great fight for the sake of getting what exactly is deserved!
Honesty at its best.
I really wonder how I could have managed if I were in such situation because I don't have contacts like RTO, SP, DCP etc. Inspite of having such a bigger circle, you struggled a lot to come out of it.
You have proved that common man can get anything done from government in most ethical way and not adopting any corrupt practices. All it takes is patience and time. You deserve a big laud of applause.
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Old 27th August 2018, 09:31   #47
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Default Re: The tale of a Total Loss Claim

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Originally Posted by bharatbits View Post
What did you do finally - did you get it repaired or sold it to a salvage buyer?
I sold my car to a salvage buyer. A restored car would have been difficult to sell off later.

Sincerely,
Rahul Rao
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Old 27th August 2018, 10:25   #48
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Default Re: The tale of a Total Loss Claim

I am pained to see what a genuine consumer is made to go through. Hats off to you @manipal for your perseverance in pursuing your case and teaching the crooks at UIICL.
Not many including me would have the means, the courage or the patience to do this.

I am wondering aloud what can we as genuine consumers & the majority do to tackle rouges in the Car Insurance industry where everyone from the agents to the ombudsman seems to be hand-in-glove. Once immediate action is of course to boycott UIICL, which I have put into practice immediately by not buying any policy from them ever.
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Old 27th August 2018, 12:35   #49
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Default Re: The tale of a Total Loss Claim

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Originally Posted by manipal View Post
A scrap dealer, sent by them, who was ready to buy the vehicle (condition as present) for Rs 6.5 lakhs, he visited my uncle’s house thrice to see the XUV, and I have spoken to him on an occasion too. I have paid close to Rs 1.2 lakhs as insurance premium (bumper to bumper, nil depreciation), over a period of 3 years. So the liability for the company was just around Rs 2 lakhs (No previous claims) and still they slept on the deal, as it did not satisfactorily answer their question …. What do I get from this deal?
Sorry to hear about the ordeal. At the same time "Thank you" for enlightening us about the corrupt practices in these Insurance companies and what to look out for when dealing with these people. I do have a few questions.

In the above scenario, would you be getting the refund of LTT? Or would you be getting any additional benefit/amount other than the IDV if you had gone for this method?

Can the Insurance company legally force you to settle for 'Net of Salvage' and methods other than Total Loss in cases involving totaled vehicles?

You also mentioned about the missing file from RTO and the help from your friend running transport business. Could you give some inputs on how to deal with it if we as a common man without such friends faces this issue at the RTO? What can we do to make them retrieve/recreate the missing file?
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Old 28th August 2018, 09:38   #50
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Default Re: The tale of a Total Loss Claim

@manipal – OOOOh!!!!

1. Extremely Sorry to hear about the hardships you had gone through.
2. Appreciate you in sharing this information for the benefit of others.

Going through such a situation – Hats Off to you for your perseverance and attitude of “don’t quit till you try all options”. Desperation, stress, anger, spending lot of invaluable personal time …. Managing all these, is very difficult and good that you did not stop believing yourself and finally became successful.

Thanks for sharing this information and it is indeed an eye opener about the nexus between insurance companies and RTO officials. It is real learning to know the processes – on what are things need to be done for dealing with claims with insurance companies. All the information you have mentioned are definitely helpful for us when we have to deal with claims with insurance companies.
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Old 28th August 2018, 14:48   #51
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Default Re: The tale of a Total Loss Claim

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Originally Posted by manipal View Post

He convinced me that it was sufficient for the insurance claim as there was no personal injury and a FIR would require an inspection from RTO, Ramnagara.
Hi Manipal

Sorry to hear what happened with you.

Similar incident happened with me around 9 months back, where in my XUV was involved in major accident. The police were hesitant to register the FIR on the facts, told me that they would issue me the FIR stating that i had hit an animal on the highway or lost control and rammed into the divider. For which i simply denied and even the police were not ready to register a complaint on Facts. Again i had to intervene some high profile people to get that sorted out and they issued me an FIR copy stating the facts and there was no injury on both the parties and allowed me to take the vehicle on the next day.

But i had to wait for 2 months for the insurance company to approve my claim since they wanted me to accept the total loss case and i submit Original RC along with form 29 & 30 Signed. I simply denied it stating that i can give my vehicle for total loss case but would not submit the RC as it was 9 months old vehicle and i would be claiming the Road Tax as refund which was paid. There were several high designation people who kept on calling me to accept the total loss which i simply denied.

The overall bill came close to 70% of the IDV hence i was on my stands.

Now the vehicle is back i am happy with the work which was carried out.
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Old 29th August 2018, 20:23   #52
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Default Re: The tale of a Total Loss Claim

I can read the angst through the posts! I cannot imagine months of painful running up and down to get something completed with the bureaucracy stopping you at every turn. Though you had to gift (for want of a better term) a lot of people a lot of money, I am glad you finally came out through in the end, wiser. I can imagine the frustration of going through this situation.

I have a smaller experience - A tempo jumped the divider on Mysore Road and hit our car (we were going towards Mysore). Can you imagine who filed the FIR in the end? The tempo driver! Sadly, it was an office car so we had no choice but to give in in a lot of ways but thankfully that was a one night ordeal at the police station in Mandya. We had women in our group. The cops at the station would come out and try to talk to them reeking of alcohol. Ah, what a horrendous experience that was. But ours is nothing compared to what happened for you. Glad you came out on top of Insurance agencies and the bureaucracy. In this country too, you don't come out on top of Insurance agencies. But the good thing is that the cops will help and the courts will help. But you might still have to shell out a lot of money.

Quote:
Originally Posted by BlackPanda View Post
Awesome read and a very learning experience. I wonder if you didn't know so many people (RTO/Police/Friend in truck business etc.), what happens to a common man? How does he get justice in the system?
The common man will go through the wringer, get pushed by cops, Insurance agents and everyone. Might end up shelling up a LOT of money, lose his mind. He might even decide to leave the car as is in the station and bribe someone to just leave him alone and get on with his life!

But there is another view to this - if the cops and the bureaucracy realise that the person doesn't have any money, they will just let it slide, because they know they cannot squeeze him for something he doesn't have.
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Old 5th September 2018, 13:33   #53
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Default Re: The tale of a Total Loss Claim

That sure was an eye opener. The police, the insurance firm and all associated trouble is unfathomable. I cannot imagine what would have happened to someone who is less informed or has less contacts to reach out to. Phew... Scary!

Just curious, did the accident report having the wrong brand of vehicle create any issues? or is the registration number enough to take things forward.

It says 'Maruthi' XUV 500 instead of Mahindra.
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Old 9th September 2018, 01:46   #54
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Default Re: The tale of a Total Loss Claim

Quote:
Originally Posted by k88k View Post

My car was damaged a lot and was declared a total loss. The insurance company to compensate my IDV, sold the wreckage to a salvage buyer through Car Trade auctioning. Within a span of 15~20 days, the total loss case became "constructive" total loss and the car was planned for repairing and selling. I was immensely shocked by the fact that a severely damaged vehicle with a seriously questionable body & chassis condition, is again plying on Indian roads, and the laughable point here is that the final user (not the salvage buyer) saw the car when he had decided to repair it and use.

Jai Ho!
A vehicle is treated as Total Loss mainly when it is considered that economical repairs are not possible. When ever a Surveyor finds that a vehicle is either beyond repair or the cost of repair exceeds 75% of IDV, he assesses the claim on a 'Constructive Total Loss' (CTL) basis. However, before releasing the actual payment to the insured, the insurers collect
1. RC book and Taxation receipt
2. Ignition keys in duplicate.
3. Black T.O and TTO efforts duly signed by the insured.

If the vehicle is declared a Constructive Total loss and is beyond repairs, it will be scrapped and the RC book and keys will have to be returned to RTO for cancellation.

The salvage is collected by the insurer and disposed off later to reduce the claim outgo.

The CTL vehicle is sold as Scrap to the salvage buyers, who remove the usable parts from the vehicle to sell them to some garages as used parts resale. Seldom a total loss vehicle is repaired and resold as it cannot be insured again (being declared as a total loss by previous insurer) and also the legal liability to surrender the RC and keys to RTO.

I do agree about the refund of the road tax for non used years is a grey issue here. But again that matter is between the vehicle owner and the RTO and the Insurance company is not a party to it. The Insurance claim settlement procedure requires surrendering of RC and TO to the insurance office in lieu of the settlement of claim. This is principal of subrogation which means the company says 'I will settle your claim by paying your Insured's Declared Value (IDV) and that ends your ownership of the vehicle and in return the subject matter insured is my property now and I shall dispose it off as I deemed fit to reduce my payout.' But I doubt if a CTL declared vehicle will be restored back to running condition and sold. The law of economics doesn't work there as if it was economically repairable, then the Surveyor wouldn't declare it as a total loss.

By the way, I am a Marine Hull Insurance Surveyor (boat Surveyor) and not a motor Surveyor. Even in Marine Hull Total loss claims, cancellation of registration is a primary document that we ask before we submit even our survey report to the company as we Surveyors make a remark on that aspect in our final report.
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Old 25th February 2019, 13:41   #55
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Default Re: The tale of a Total Loss Claim

My friend's XUV has become total loss in the fire that happened in the airshow parking. His vehicle was just 9 months old and he has started working on the Insurance claim & road tax refund part.

Meanwhile, I was wondering if there is way to get a refund of some part of the sales tax, considering the purchase to be only 9 months old.
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Old 26th February 2019, 14:18   #56
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Default Re: The tale of a Total Loss Claim

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Originally Posted by gadadhar View Post
My friend's XUV has become total loss in the fire that happened in the airshow parking. His vehicle was just 9 months old and he has started working on the Insurance claim & road tax refund part.

Meanwhile, I was wondering if there is way to get a refund of some part of the sales tax, considering the purchase to be only 9 months old.
Hi,

Sorry I am not sure about this part. I think a charted accountant would be the best person to consult here.
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Old 5th May 2019, 11:42   #57
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Default Re: The tale of a Total Loss Claim

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Originally Posted by manipal View Post
Hi,

Sorry I am not sure about this part. I think a charted accountant would be the best person to consult here.
My vehicle was stolen and the rc and vehicle sale papers were sent to the insurer who has now settled the claim as a total loss and cancelled the policy.

The vehicle should be considered sold if the rc and sale papers are handed over - as the RTO will anyway ask for the rc to be surrendered before admitting any claim related to the registration.
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Old 30th December 2019, 17:08   #58
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Default Re: The tale of a Total Loss Claim

The ordeal of virtue is to resist all temptation to evil………Thomas Malthus, Well the auto insurance companies in India don’t believe in the same.

I continue my story from where I left earlier. After the settlement of my case at the District consumer redressal forum, Udupi, I was directed by the court to hand over the salvage to the Insurance company (United India Insurance Company Ltd, UIIC). I was called by the divisional manager (DM, UIIC) to hand over the salvage to a person, whom he would send. I did inform him that, I would do so, if the UIIC would provide a letter to me, directing to handover the salvage to the person, whom they would mention on the letter and in addition, the person who would receive the salvage would have a copy of driving license, which he would hand over to me as he takes possession of the salvage. The DM, UIIC did request me to hand over the key of the salvage to the person taking possession. I did agree. Things moved as told to me prior, a person contacted me with the letter from UIIC dated 7th September 2018. I did write the engine, chassis. VIN and registration number of the vehicle got for towing, on the same letter and took the signature for receivable by the person sent. With this, I thought the matter was over.

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On 19th December 2019, to my surprise, I did get an insurance cover note (Reliance General Insurance) for the same vehicle KA 20 Z 4889, whose registration was surrendered by me. This is when I realized the vehicle is being used by someone, in my name. I did check the registration details on the RTO Vehicle Information app, available at playstore. I was astonished to see it was still reflecting my name against the registration number, though it was surrendered by me, to the RTO.

The tale of a Total Loss Claim-9999-1.jpg

This set some alarm bells ringing in me, as the vehicle is being used by someone and if it is involved in any illegal activities; I would be the first person to be arrested. I did visit the RTO authorities who outrightly denied that such a thing could ever happen, in spite of me showing them the insurance cover note and the information reported by the app. On taking a legal opinion for the same from my lawyer, I was asked to send a letter to the insurance company.

The tale of a Total Loss Claim-999999.jpg

This is indeed an eye-opener as to how far insurance companies and their officials stoop to lawlessness, for their illicit personal gain. There is absolutely no accountability in these companies and till date, I don’t see any action being taken against them, by the company, in spite of their ignorance/arrogance, leading to losses amounting in lakhs, as in my case. I am awaiting a reply from Reliance General Insurance for the same, will update it later.
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Old 30th December 2019, 18:34   #59
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Default Re: The tale of a Total Loss Claim

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Originally Posted by manipal View Post
On 19th December 2019, to my surprise, I did get an insurance cover note (Reliance General Insurance) for the same vehicle KA 20 Z 4889, whose registration was surrendered by me. This is when I realized the vehicle is being used by someone, in my name. I did check the registration details on the RTO Vehicle Information app, available at playstore. I was astonished to see it was still reflecting my name against the registration number, though it was surrendered by me, to the RTO.
Wow, absolutely anything can happen in this country! I think you were pretty lucky to have received the insurance letter, otherwise you would not even have realized this was going on.

The Vahan website shows that the RTO issued an NOC for your car on 21st Dec 2019. The road tax still says Lifetime Tax, and even the new insurance policy from Reliance General is updated on that page!

Please use the NOC number in this snapshot to follow up with the RTO and find out who forged documents in order to get the NOC.
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