[tp_dominator]

I would suggest writing a mail to their CEO's office. Generally when the claims are stuck, its usually the surveyor's fault or even the customer's in not providing the right document on time. But in your case, as you have mentioned that you had provided all the necessary documents, its clearly not your fault and the insurance company is just playing delay tactics since the claim amount is huge.

I assume you have a Hyundai Assurance Program policy and your vehicle is kept at the dealer from where it was purchased. I would suggest you to pressurize the dealership to help your case since you bought your insurance policy from them. Generally, from a business point of view, insurance companies take an exceptional call for such cases where they have a working relationship with the dealership. Alternatively, you can also drop a mail to Hyundai customer care citing your concerns since it is an OEM tie-up insurance policy.

I would suggest you to follow these steps before knocking the court's door since the matter would anyways drag on for longer before you get a resolution and I think they might help you out.

[sandeepmohan]

I do not have a solution to your problem with Liberty Insurance.

What I will say is use a better insurance company next time such as Allianz, Lombard, etc. Even New India Insurance is safe bet.

You should inform your car dealer of what you are going through. Hopefully; they cut their ties with these guys.

[manipal]

Originally Posted by agyash2

Hello All,

If your FIR mentions your driver, who had a valid licence was driving, it should be sufficient. 30 days is the time frame for the company to honour/dishonour your claim. If they have chosen to dishonour, please email them asking for the reason, as to why they have chosen to dishonour.
If it has taken 5 months, do not wait any further, approach the consumer forum immediately, approaching a right lawyer, who is not on the legal pannel of any insurance companies, making sure you have all the documents of communication with the insurance company, till date.

[Malyaj]

This is a rather peculiar case. If the insurance company is not willing to accept the FIR as a valid document (on the grounds that it is manipulated) then have they said this in writing? Is there a formal denial of claim? If yes what does it say? I would think that the onus lies on them to prove that the FIR is manipulated and that it was indeed your brother who was driving.

[tejas2323]

5 months is too much time. Don't be late ask them everything in writing.If they don't respond in writing just use the RTI (Right to information).
Approach consumer court. File a case asking additional compensation for inconvenience and mental harassement.
This should surely help you, my cousin went through this situation few years back but it was surveyor who was at fault that time.

[behaln]

Saddened to hear about your ordeal. Do not expect much help from Insurance Ombudsman. They are generally hand in hand with the lawyers of the insurance company. I can say this with my personal experience.
Best is to approach the consumer court, they will help you and get the things in the right perspective.

[Quoter]

While I do feel bad for your case, I am not sure it is the insurance companies fault here. If the other driver has clearly mentioned that it was your brother driving the car, who does not have a valid license for India, then the Insurance company is right in rejecting the claim.
Police does not have the authority to overrule the other driver, only a judge can do that. Unless you can prove in a court of law that it was your driver and not your brother who was driving the vehicle, the insurer has no liability to pay since there is reasonable doubt to the contrary.

Team BHP is also not the right forum to name and shame a company which is probably just following the law. Any other insurance company would have done the same.

PS: Videocon group is no longer part of the insurance company in question

[2000rpm]

Originally Posted by Quoter

Team BHP is also not the right forum to name and shame a company which is probably just following the law. Any other insurance company would have done the same.

Assuming a fellow BHPian is in trouble, I think he has just seeked our opinions here. I can empathize completely with him as insurance agencies are the worst gundas. I have had horrible encounters with LIC for a much more unfortunate incident. The kind of allegations these agencies make to refuse a proof are shameful. The consumer is completely helpless. No normal customer can do anything if these companies take the stance of "Nahi denge, jo karna hai karlo"

[King_pin09]

Sorry to learn about your ordeal with the Insurance Company.

Can you confirm as whether you have followed the exact same procedure of claim reporting as mentioned in your policy? It would be great if you could share extracts of correspondences as it would bring more clarity on the issue.

[funkykar]

Just trying to view this from neutral perspective.
1. How old is your brother?
2. Does he have a valid driving license?
3. Were anyone injured from the other car?(my guess: no one injured or no one injured badly)
4. What really prompted your driver to run away?
5. If it is fear of mob justice, did your brother not worry about such concequences as he would br deemed driver?

Hope a driver story wasnt cooked to claim insurance. Police could be easily be bought by few 100s to state driver was driving. Its could be the classic way of introducing a driver in such cases. Havent we seen 1000s of movies use this concept?

[KL01toKA03]

Have you tried looking for CCTV visuals from shops/other sources near to the accident site. Even if it doesn't show the accident, if a camera shows your driver driving the car before the accident, or going away from the scene after the accident, it should help your case.