Is It Possible To File 3rd Party Insurance Claim To Pay For New Car?

[PondyPierre]

My daughter's Renault Pulse was involved in an accident and got totalled. The car was only 3 weeks old.

After overtaking a car just before a bend (not on the bend), as she merged back in the lane, the lorry in front if the car she overtook stopped suddenly after the bend. The lorry's brake lights did not work. She hit the back of the lorry as it stopped right after coming into the lane and the front end of her car went under the lorry sort of like this and its beyond repair.

(She's fine as we are used to wearing seat belts always unlike many in India)


What is the procedure to file a 3rd party insurance claim from other driver's insurance? Can the claim be used to pay for a new car as she's considering getting one? Is it generally worth claiming and would they respond and compensate quickly or will it be a hassle? Will they force purchase if same model car or will another model be possible?

 

[draneeshpm]

Hi Pondypierre,
There is no way you can get a claim from the other driver,its your car that rammed into the lorry.Its always the vehicle from behind which has to keep the safe distance.You can claim your insurance though.If the car is a total write off you can buy any new car of your choice.
Regards,
Aneesh.

 

[PondyPierre]

Hi Pondypierre,
There is no way you can get a claim from the other driver,its your car that rammed into the lorry.Its always the vehicle from behind which has to keep the safe distance.You can claim your insurance though.If the car is a total write off you can buy any new car of your choice.
Regards,
Aneesh.

Are you sure, as the lorry stopped suddenly and stopped after a turn as he noticed the traffic stop late. My daughter didn't see the traffic ahead and saw the lorry late due to the bend. His brake lights were not working. It was in her lane not head on.

A policeman told the lorry driver he should have working lights, he of course said they broke because of collision.

 

[PondyPierre]

The police didn't tell her she was at fault but told her to be more careful. They implied that it was more the lorry's fault for stopping suddenly after a turn.

Anyway, if she claims on her insurance can she have trouble getting covered in the future because of accident record?

Edit: Her insurance is 3rd party only

 

[Rajvel]

Really sad to hear ! That a 3 weeks old pulse ! Anyhow your daughter is fine. Which place your pulse meet with the accident ?

 

[PondyPierre]

Really sad to hear ! That a 3 weeks old pulse ! Anyhow your daughter is fine. Which place your pulse meet with the accident ?

She was overtaking a car while turning from Goubert avenue onto a street and hit the lorry on the street.

Not the best idea to overtake on a junction.

 

[tai_newbie]

Are you sure, as the lorry stopped suddenly and stopped after a turn as he noticed the traffic stop late. My daughter didn't see the traffic ahead and saw the lorry late due to the bend. His brake lights were not working. It was in her lane not head on.

A policeman told the lorry driver he should have working lights, he of course said they broke because of collision.

I am afraid, as its the responsibility of the tailgater to keep a safe distance. that is the reason to increase the distance between you and the car you are following especially in case you are following a bigger vehicle that might block you visibility of the traffic ahead and the traffic lights.

 

[ramG]

The police didn't tell her she was at fault but told her to be more careful. They implied that it was more the lorry's fault for stopping suddenly after a turn.

Anyway, if she claims on her insurance can she have trouble getting covered in the future because of accident record?

Edit: Her insurance is 3rd party only

If you have a 3rd party only insurance, you cannot claim anything from your insurance company - unfortunately. I am still wondering how you managed to get only third party insurance for a new car. Dealers generally do not encourage such stuff.

The best option you have is to try and claim from the truck's insurance company (only if it has one). Suggest you lodge a FIR against the truck at the nearest police station, discuss the matter 'amicably' with the truck owner and try to get something from his insurance company.

 

[draneeshpm]

The police didn't tell her she was at fault but told her to be more careful. They implied that it was more the lorry's fault for stopping suddenly after a turn.

Anyway, if she claims on her insurance can she have trouble getting covered in the future because of accident record?

Edit: Her insurance is 3rd party only

Hi Pondypierre,
How on earth did she only take a 3rd party insurance,beats me.I'm using cars for 2 decades and I have never bought third party insurance only.Did she do it to save some money?You can request the truck owner to file for third party claim if you give him some money,otherwise its a lost case.
Regards,
Aneesh.

 

[anshuman8]

If you have a 3rd party only insurance, you cannot claim anything from your insurance company - unfortunately. I am still wondering how you managed to get only third party insurance for a new car. Dealers generally do not encourage such stuff.

The best option you have is to try and claim from the truck's insurance company (only if it has one). Suggest you lodge a FIR against the truck at the nearest police station, discuss the matter 'amicably' with the truck owner and try to get something from his insurance company.

Hi Pondypierre,
How on earth did she only take a 3rd party insurance,beats me.I'm using cars for 2 decades and I have never bought third party insurance only.Did she do it to save some money?You can request the truck owner to file for third party claim if you give him some money,otherwise its a lost case.
Regards,
Aneesh.

Correct me if I am wrong what I understood is

1. Pulse had a proper insurance.

2. Here Pondypierre wants to claim from the trucker's TP insurance.

3. In India the TP insurance is used to cover any other(third) person's bodily injury/death.

4. Since the Pulse has been totalled Pondypierre will get the IDV of the car as per the policy.

 

[draneeshpm]

Correct me if I am wrong what I understood is

1. Pulse had a proper insurance.

2. Here Pondypierre wants to claim from the trucker's TP insurance.

3. In India the TP insurance is used to cover any other(third) person's bodily injury/death.

4. Since the Pulse has been totalled Pondypierre will get the IDV of the car as per the policy.

Hi anshuman8,
It seems Pulse only had third party insurance.
Regards,
Aneesh.

 

[PondyPierre]

Correct me if I am wrong what I understood is

1. Pulse had a proper insurance.

2. Here Pondypierre wants to claim from the trucker's TP insurance.

3. In India the TP insurance is used to cover any other(third) person's bodily injury/death.

4. Since the Pulse has been totalled Pondypierre will get the IDV of the car as per the policy.

Hi Pondypierre,
How on earth did she only take a 3rd party insurance,beats me.I'm using cars for 2 decades and I have never bought third party insurance only.Did she do it to save some money?You can request the truck owner to file for third party claim if you give him some money,otherwise its a lost case.
Regards,
Aneesh.

Hi anshuman8,
It seems Pulse only had third party insurance.
Regards,
Aneesh.

She asked for 3rd party insurance only as she didn't think she'd need full coverage as she never had to claim insurance in the past. She's only had one other accident in India and damage was minor.

Its not a huge issue if she can't get compensated and it wasn't a very expensive car but if possible she'd prefer to.

I don't think the truck driver will cooperate. He was saying that his lights worked but broke after the accident. But the police told my daughter he was at fault.

If I am not mistaken the situation was like this in attachment.

 

[freakdude]

If the lorry stopped suddenly AFTER THE TURN, then your sis was definitely speeding as the car has got totaled, cos, at turns we usually slow down. I really doubt you can get a 3rd party claim to pay up in this case.

 

[anshuman8]

I misread the OP.

It is very surprising you got the new car insured with a TP insurance. As both parties have TP insurance none of the vehicles will be covered with it.

TP insurance covers for any injury/death of any third party involved in the accident/insurance.

 

[ramG]

TP insurance covers for any injury/death of any third party involved in the accident/insurance.

Does third-party insurance cover only injury/death of a third party? I was under the impression that damage to third-party property is also covered to some extent - not sure about the vehicle but other forms of property like a house.