[amit_mechengg]

Originally Posted by rjvora_2000

They are harassing you. What they are doing is they are asking you to give you a statement in which

1. If you say he has taken money then they will reject the claim.
2. If you say he has not taken any money then they will say FIR and your statement is contradicting then also they will reject your claim.

Please get some legal advice before giving them this thing in writing.

shall i write a statement saying that the driver agreed to drop those people for an amount of 800, which was his personal decision out of greediness and the owner has nothing to do with it. however the driver dint get any money at all. nor the money stuff was official nor there are any receipts of the same

[rjvora_2000]

Originally Posted by amit_mechengg

shall i write a statement saying that the driver agreed to drop those people for an amount of 800, which was his personal decision out of greediness and the owner has nothing to do with it. however the driver dint get any money at all. nor the money stuff was official nor there are any receipts of the same

No No No Mallik!!!

You can't do that. Once you say "he agreed to drop for money" the commercial intentions comes in to picture. I will sincerely advice you get some legal advice on this matter as I my self is also not understanding how to help you in this matter.

[esteem_lover]

It is better not to commit anything as of now. There must be some hazzles in straightaway declining your claim based only on the FIR which is why the insurance company wants something written from you.

[rjvora_2000]

Originally Posted by esteem_lover

It is better not to commit anything as of now. There must be some hazzles in straightaway declining your claim based only on the FIR which is why the insurance company wants something written from you.

But!!! he will have to give the reply since insurance company has asked him to do so.

[amit_mechengg]

thats what. he was saying that once the file goes to legal department they can reject it based on only the FIR as its a legal document.

he was saying that the driver has taken money and not you. thats why you write in the statement that it was drivers greed that made him to take the money and not the owners.

currently in drivers statement taken by the surveyor its nowhere mentioned that he has taken 800 rs which contradicts the original FIR where he says he asked for 800 rs.

there are 100s of cases against icici lombard

ICICI Lombord - Page 5

now i am fearing that they are twisting my case to reject it

[hemanthisgreat]

I seriously doubt that they can just reject your claim based on a statement. The driver can also change his statement later on and say, he did not ask for money. Also no actual transaction did take place. Do not come under pressure and change any statement. If they try any more of these tricks with you, tell them you will approach the ombudsman and the media regarding this.

[rjvora_2000]

Originally Posted by amit_mechengg

he was saying that the driver has taken money and not you. thats why you write in the statement that it was drivers greed that made him to take the money and not the owners.

This statement makes a sense to me But...

Originally Posted by amit_mechengg

now i am fearing that they are twisting my case to reject it

The same fear in my mind too since this is Icici.

[rjvora_2000]

Originally Posted by amit_mechengg

thats what. he was saying that once the file goes to legal department they can reject it based on only the FIR as its a legal document.

Originally Posted by hemanthisgreat

I seriously doubt that they can just reject your claim based on a statement.

The surveyor himself is saying that the legal department will reject the claim.

[Car&me]

Amit, first thing

1. Consult a lawyer
2. Ask ICICI Lombard a copy of the FIR they have received from police station
3. Ask the police station a copy of driver's statement and FIR registered.
4. If there is descraepancy go to the Police station and ask reasons for descrepancy (lawyer will become handy here).
5. If the driver has aked for money, tell that you dont know about it and suggest that it could be an act with driver playing a role (the driver should not have asked for it). Explore a legal action on the driver to strengthen your case
5. If the driver has not asked for the money, but if the FIR states so you can dispute this with driver ready to stand up in the court and say that.

Dont panic, check through different channels within Lombard to see the procedures for a theft claim.

[esteem_lover]

Originally Posted by rjvora_2000

But!!! he will have to give the reply since insurance company has asked him to do so.

Originally Posted by amit_mechengg

thats what. he was saying that once the file goes to legal department they can reject it based on only the FIR as its a legal document.

he was saying that the driver has taken money and not you. thats why you write in the statement that it was drivers greed that made him to take the money and not the owners.

I doubt if they have asked anything in writing.

[Car&me]

if driver is peforming the illegal activities without owner knowing it, will the owner be reponsible for the act? Logic says the owner should not be responsible, but with law you will never know how it will change. Any lawyers here?

[rjvora_2000]

Originally Posted by amit_mechengg

now they have asked me to submit a new drivers statement

Originally Posted by esteem_lover

I doubt if they have asked anything in writing.

Sorry Buddy!!!

But he has been told by insurance company.

[hemanthisgreat]

They cant prove a thing that the car was used for commercial purposes. Your driver can simply change his statement that "he did not ask for any money". Moreover, no transaction ever took place. Do not voluntarily give a statement that, your driver asked for money. Like others have mentioned, do get the copy of the FIR, where it is allegedly mentioned that, he asked for money.

[rjvora_2000]

Originally Posted by hemanthisgreat

They cant prove a thing that the car was used for commercial purposes. Your driver can simply change his statement that "he did not ask for any money". Moreover, no transaction ever took place. Do not voluntarily give a statement that, your driver asked for money. Like others have mentioned, do get the copy of the FIR, where it is allegedly mentioned that, he asked for money.

Sirji thing's are not that simple.

Then insurance guy's will ask how a gun men came to car?
What were they doing in the car with the driver?

Changing the statement is not a easy task otherwise every claim which is rejected by insurance company, people will keep on changing the statement.

[amit_mechengg]

the FIR copy is with me. its mentioned that the driver agreed to let in the people after they agreed to pay him 800 rs. the drivers statement was also written in front of me , by the surveyor.

icici has contract with a 3rd party for survey. the surveyor was not from lombard. the driver wrote the statement as he was asked by the surveyor.
in the drivers statement its written that i let in those people as their mother was not well and they requested him a lot. he has not given a statement saying that he took 800 rs.

icici has not asked anything via the mail. i just received one call from them. i dint record the call. over the phone he was saying that most indiacs are used for commercial purpose and icici bank knows it. i told him to hold on and said its not an indicab its a top end model with music system, amplifiers woofers screens worth 40-50k. he said however the driver did something commercial. i said what shall i do if he agrees for a bottle of wine or 5rs or 5 lac rs.
then he said that but the legal dept will reject on the basis of contradiction between the FIR and Drivers statement.

the driver can very well say alter his statement that what i wrote in FIR was wrong and i was in shock. i dint take any money and i dint ask for the same.

i am very much hesitant to give anything in writing to ICICI