[clix22]

Update :
I spoke to person A to get more information. He has renewed the insurance in my name from policy bazaar and paid the premium himself.
They have raised a claim post accident, surveyor is person B's friend and is handling it. On asking him who signed the claim form , he said form has not been filled and will need id proof also.
Have told him that I have sold the car to him and its his responsibility now. Not interested in getting involved in this.
I will call / email bajaj allianz to tell them that car has been sold by me and I have no stake or claim on it.

[audioholic]

So today I learnt that this(renewing insurance in my name after I sold the car) is also possible. Shows how flawed our system is. We associate government bodies to be highly corrupt, but looks like our entire system is. Surveyor being known to this middle man is the main culprit here to even pass a claim where the ownership is not even in the persons name who caused the accident and not even related in any way to the original owner.

So if this claim is processed, how will the incident be described? Normally we have to document this in the claim form and explain who drove the car, how they were related to the owner and so on. So a fake story has to be made up where the current driver of the car who caused the accident was the owners friend and he had used the car with the approval of the owner. This along with the id proof of the current owner and hopefully not his DL to also fake that the owner drove the car(usually if its a high amount claim, then insurance co will scrutinize every bit and find chances to reject the claim). All this will just be risky like others mentioned since it will prove that the original owner is the claimant.

Just ask them to scrap the car and take whatever they get and the rest being the price they paid for all the negligence, malpractices they wanted to indulge in.

[Raghu M]

DO NOT sign up for this. You sold the car. Even if the other person is genuine, I would recommend staying out of this. Let the insurance company call you, you need to tell them exactly what happened. If this backfires (at a later stage), you will be liable to a lot of action. If this specific person did not have time to transfer the car to his name, how did he find the time to sell it to person B? This looks fishy. Even if there is an FIR, I would not process this request if I were you. Do not let those funds get to your bank account. Get this sorted properly, in writing (on a stamp paper) preferably. I would stay out of this completely.

[HighRevving]

Originally Posted by clix22

Dear friends,
Let me put forward my situation to you. Any advice will be appreciated.

Did you manage to get a delivery note signed with an ID proof? If yes, you should immediately contact the police and inform them of this incident by providing the proof. If there is any loss of life/third party property damage, you may get into a legal soup. Also, the first thing the police expect you to do is it report such an incident, even if there is no loss of life etc. If the insurance claim amount is substantial, the police complaint will also help you just in case A or B threaten you.

What I don't understand is point #3, why do they want to transfer the car to B, now?

Whenever I sell a car to an unknown person, I take the delivery note and signatures from the transferee on the forms before I hand over the car. I then bear whatever 3-5k in expenses and have my agent transfer ownership from my end. Never let the buyer take the transfer forms signed by you, as you have no control if and when they will have it transferred.

Originally Posted by clix22

Update :
I will call / email bajaj allianz to tell them that car has been sold by me and I have no stake or claim on it.

You should, just like they track your NCB, it is very much possible that this incident goes in your name and your future premiums go up in future, owing to higher risk. I would suggest attach the delivery note and police complaint along with your note. Like others have suggested, prove it to everyone that you are not associated with this car from 2021.

[Raghu M]

Originally Posted by clix22

Update :
I spoke to person A to get more information. He has renewed the insurance in my name from policy bazaar and paid the premium himself.
They have raised a claim post accident, surveyor is person B's friend and is handling it. On asking him who signed the claim form , he said form has not been filled and will need id proof also.
Have told him that I have sold the car to him and its his responsibility now. Not interested in getting involved in this.
I will call / email bajaj allianz to tell them that car has been sold by me and I have no stake or claim on it.

Need of the hour. Send an email to Bajaj mentioning all details and clearly write that you are out of this and have nothing to do with the car/person/policy. This is a clear case of fraud that has been committed. If possible mention the surveyor's name and explain the situation clearly. I would walk a hundred miles away from such issues.

[frewper]

Originally Posted by clix22

5. Has shared police report which states from what i can understand, that car skiddded from road onto field and right side is damaged. Also shared contact details of surveyor.

I dont know what to make of this. Can this be a type of Insurance scam? I dont want any unnecessary trouble. What would you suggest I do?

Are you sure the car has been totaled? Have you seen it ? Photos or something? Or are you again going by his word. Someone who has lied to you before.

If FIR is filed then who is the owner mentioned? Who filed the FIR ? How did the police file the FIR without the owner? Normally they should. Once they know that the car is in someone elses name they will want to know if it was stolen and will insist on the owner. FIR too seems fishy. File an RTI to get a copy of the FIR and verify first.

If you are calming insurance for someone else who crashed the car and which you had earlier sold. You sir, are yourself taking part in insurance fraud.

You better not sign anything.

Someone renewed insurance in your name, that itself is criminal intent. I am guessing your email id and phone no was changed in the records. Most probably its with the same same insurer.

Make sure no money is transferred to your account and if it by any chance money is transferred, under no circumstances transfer the money to someone else.

My honest advice is to talk a good lawyer immediately. There are many ways this can go horribly wrong for you.

[tud]

Originally Posted by frewper

Are you sure the car has been totaled? Have you seen it ? Photos or something? Or are you again going by his word. Someone who has lied to you before.

These are very valid points.

Originally Posted by clix22

Update : I will call / email bajaj allianz to tell them that car has been sold by me and I have no stake or claim on it.

Email/call will not help you. Use India Posts registered post service along with acknowledgement due. The letter should also mention who else is receiving a copy of this (in this case the RTO concerned or the police station concerned).

BTW, can you share the car make and model year and how much you sold it for. Want to understand the cost reason why insurance company would consider it a total loss against repairing it.

[clix22]

Originally Posted by tud

BTW, can you share the car make and model year and how much you sold it for. Want to understand the cost reason why insurance company would consider it a total loss against repairing it.

Its was a VW Jetta AT Highline 2011, sold for 3.8. He has kept IDV as 8.xx. Seems more and more like insurance fraud.

[KPR]

This is scary. Any lawyer in the forum help us? Many buyers don't re register to their name. What I have left with is delivery note. That's all. Is a delivery note sufficient in such cases? Or can we make a sale agreement during transaction and will it be helpful over and above delivery note?

[clix22]

Can somebody please take a look at this and translate?

[HighRevving]

Originally Posted by KPR

This is scary. Any lawyer in the forum help us? Many buyers don't re register to their name. What I have left with is delivery note. That's all. Is a delivery note sufficient in such cases? Or can we make a sale agreement during transaction and will it be helpful over and above delivery note?

There is nothing you can do. From my understanding, the delivery note doesn't necessarily suffice legally. I once had the same experience of the buyer not transferring the car for months together. And then one day he said he wants to sell the car and it may be better that it logs fewer owners, so asked me to wait.

From then on, I do what I mentioned in my previous post. The only other thing you can do is make it a pre-condition that the car will be delivered only after it is transferred if they insist they will take care of the transfer process, but I prefer my approach because most buyers want to take possession once the full payment is made and won't be comfortable waiting for a month or so until the transfer is complete.

Whenever I sell a car to an unknown person, I take the delivery note and signatures from the transferee on the forms before I hand over the car. I then bear whatever 3-5k in expenses and have my agent transfer ownership from my end. Never let the buyer take the transfer forms signed by you, as you have no control if and when they will have it transferred.

[ruzbehxyz]

Dear clix22
First of all when you sold your car, it was your responsibility to get the car transferred to the new owner. I know the responsibility is also of the buyer but there are many so called buyers who do not transfer the ownership for the simple reason that the ownership will become no.2 on the RC and they will get a lesser price when they resell the car. This happens many times when you sell on online forums, garages etc. So the first mistake and negligence is by you as the first owner.

You can do many things but signing any paper now can get you into more trouble later than not signing it.

[frewper]

Originally Posted by clix22

Its was a vw Jetta At highline 2011. sold for 3.8. He has kept idv as 8. something. Seems more and more like insurance fraud.

8 Lakhs for a 2011 car? What was the IDV when you sold it? There slim chance of someone increasing their IDV value this much for a car this old. Everyone looks for cheap insurance once the car gets old.

You cant even get 100% coverage on accidental damage. If someone is concerned of the car they try to get increased coverage for parts. This is exactly opposite.

[m8002?]

Originally Posted by clix22

[b]

Its was a vw Jetta At highline 2011. sold for 3.8. He has kept idv as 8. something. Seems more and more like insurance fraud.

This very much seems like fraud. They get a car at a lower price, take a high IDV, then do a mild crash, use the "friendly" surveyor to writeoff and pocket the money.
On top of that, I am sure they will be selling the spares separately.

You did the right thing staying away from this.

[thanixravindran]

My suggestion is to get a lawyer and an affidavit prepared in good faith about your apprehension of insurance fraud and send to insurance company with entire sequence of events and request an inquiry. It can be served by lawyer or registered post. Tomorrow this will act as proof that you are not involved in this attempt to fraud. Now insurance companies have algorithm based audits which will flag a 12 year old total loss with a payout of 8L.

I am really glad government has made KYC mandatory for non life insurance as well starting this Jan.A good step indeed.