The Automotive India

The Automotive India (http://www.theautomotiveindia.com/forums/)
-   Loan, Insurance, RTO (http://www.theautomotiveindia.com/forums/loan-insurance-rto/)
-   -   How To: Accident Third Party Claims & Insurance etc. (http://www.theautomotiveindia.com/forums/loan-insurance-rto/28705-how-accident-third-party-claims-insurance-etc.html)

harishankar 1st March 2017 09:48 PM

How To: Accident Third Party Claims & Insurance etc.
 
This is an article I wrote long back, when I was still a law student. Though I have now revised many sections of the article based on present knowledge. Still scope for improvements etc. :)
This article covers what you should do in an emergency road accident situation - especially when death/injuries are involved.

I also work in the insurance industry in legal department though I am not in motor third-party claims. So feel free to ask questions and I will try to answer to the best of my ability and knowledge, though I cannot guarantee the correctness and validity of answers and I don't want to answer anything specific to any particular incident. Please take your lawyer's help in all accident situations.

Above all, it is mandatory to inform the police and your insurance company ASAP whenever third party injury / death or property damage is involved.

Any suggestions/corrections always welcome!

Full article here:
Hari's Corner - Road accident cases - how to deal with emergencies

krishna6239 12th April 2017 12:23 PM

Re: How To: Accident Third Party Claims & Insurance etc.
 
Let's me input a scenario.

An SUV "X" hits an sedan "Y" with turning in a road. Y was in a main road and X was coming in a cross road. Since X had crash guard, nothing was damaged except few scratches on crash guard. Where Y had a ruptured bumper, broken headlight and dent in fender. X's driver agrees that it's his fault.

In the above scenario, Is it possible to claim via 3rd party insurance for Y ?
Is it compulsory to get an FIR for claiming 3rd party ?
Since X's driver is agreeing it's his mistake, Can't we just take written statement and X's insurance details from X's driver and submit to Y's insurance ?

vijay_968 12th April 2017 07:38 PM

Re: How To: Accident Third Party Claims & Insurance etc.
 
@ harishankar
Your write up made thinngs clear. Though I wanted to summarize the salient points here I decided against it to get more footfalls on your blog. I also thank krishna6239 for posting and bringing the thread under "Today's Post", without which I would have missed this. Was reading it and a friend joined. He told me of his experience of getting involved in an accident. His experiences on that day (and later) are exactly in tune with THIS thread. I am writing this below stuff as told by my friend. Words are mine, BTW.

-------------------------------------------------------------------------------------------------------------

My friend and his family were going to Mysore in his Swift, via "Bangalore - Kanakapura - Mysore" route. After crossing Bangalore limits, and while on a straight stretch doing 60 kph, he realized that a biker on the opposite lane started aiming for wrong side of the road and would end up smack in front of the car. My friend veered to right but the car still hit the rear wheel of the bike (semi T-boned). Friend stopped the car, ran back to the biker. The driver was a 65 year old man with his 14-16 year old grandson on pillion. Both were sitting and a crowd of 10-15 people had already gathered. The old man was bleeding from a cut on his forehead (known later) and the boy had bleeding on his left leg (direct hit). My friend gave water and washed their faces. The crowd started accusing him of rash driving. My friend meanwhile had called the 108 Emergency Number, but was asked to go to the nearest Govt Hospital at Harohalli (within 6-8 km).

As he took them in his car to the hospital, he was followed by some bikers. The old man's daughter was also in the Hospital. My friend admitted both bikers in the hospital, giving correct details. Treatment started and it was found that except few cuts here and there, both the 65 and 15 year olds were fine. But, every 5 minutes, a small group of people would come, would quiz around, would look at the bikers, would try talking to my friend, talked angrily among themselves and would go out.

My friend said, he remained calm and never gave a wrong reply. As soon as the Dr declared both bikers "as ready for discharge" the locals started shouting at the Doc (Yeeeyyyy Doctor). Doc didn't bother and went for rounds. Friend then ensured that the Bills were in the names of the Bikers, cleared the Bills and kept the Bills with him. Then friend was called outside Hospital for settlement. Friend didn't agree but wanted to file a Police case, as the Swift was damaged due to biker's mistake. They demanded and he didn't agree. At times, a local would make a call to a someone and triumphantly declare, that "Police is coming now". Friend kept insisting on FIR. The locals told him, "you have to leave it at the Police Stn and nothing will be left in your car". This frightened my friend and he was leaning towards a settlement.

After about 30 minutes, my friend asked them how much they expected. They demanded Rs 1,50,000/- and my friend offered Rs 5,000/-. as both patients were discharged (with medicine for a week) and both were comfortably standing on the Hospital portico. This led to more heat. The daughter shouted at the old man to go and lie down inside and the Hospital nurses shouting back at the daughter.

As locals were debating with him on the settlement money, my friend prepared a "settlement-statement" and asked parties concerned and witnesses to sign with their mobile numbers and bike numbers. He was clear, everyone who held him and his family hostage for nearly 2 hours should sign on the paper and then only he would agree for higher amount. Or else it would be FIR. This reduced the crowd to only 3. Friend demanded the old man's driving license, but they were stalling him without showing it. My friend had a clear picture by now. The thin crowd now agreed for Rs 20,000/-

All these happened during the DeMo where-is-cash time and friend had only Rs 7,000 with him and the nearby ATMs were bone dry. They accepted Rs 5,000 as advance settlement (he needed Rs 2K to return to Bangalore, he reasoned with them) and the rest was to be paid later. The document was signed by the old man, his daughter, son-in-law, G_Son, and the three witnesses. He showed me a photo of the so called document. He had written in English, "illegal confinement of family and harassment" and all these people signed below it [lol]

With the help of a local mechanic, he patched up the front of Swift and drove it back to Bangalore. They called him next day and he demanded the old man's driving license. This continued for two weeks and finally they admitted that the oldie did not have a valid DL. My friend demanded Rs 65,000 from them for repair cost plus the 5K he gave them earlier. After few more calls, he "blacklisted" their numbers. A few days later someone claiming to be a Cop called and shouted at my friend. When he was not given a land-line number, my friend asked the Cop's ID so that it would be useful the next day when he went to "BLR Commissioner’s Office". The call got cut and friend received NO MORE CALLS on this regard. The insurance Co eventually covered the Swift's repair charges.

Some Doubts from my side:
  • This is interesting : when friend was giving water to the old man, the old man's phone rang; his daughter called, (as per my friend) within three minutes of the accident. Coincidence !!!
  • Was the entire episode a set-up, to grab money ? Did the 65 year old man dive in, thinking that the car was coming at so slow that it would only glance the bike ?? Obviously he underestimated the car's speed and got T-boned :-(
  • Any TAIger having similar experience in Bangalore - Kanakapura - Mysore Route ???
Footnotes:
  1. The Govt Hosp Dr advised my friend to stay calm and not to use bad words.
  2. When he realised he had hit a bike, friend said, "The feeling was too horrific. Later, I was very glad to see the oldie standing on his feet and using his mobile".
  3. He didn't know that the Police Stn was nearby. Had he known, he said, "I would have called #100. It was too much pressure - one man Vs 10-15 men". I asked him, "what if the Police asked you to leave the car there for a week or so" ? My friend didn't have an answer, when he left.


@ Mods --- Please move this post to relevant thread, if it not suitable here. Thanks.

krishna6239 12th April 2017 08:45 PM

Re: How To: Accident Third Party Claims & Insurance etc.
 
@vijay_968, Glad your friend is okay. I am not sure I would have handled that situation as maturely as your friend especially the "illegal confinement of family and harassment" part.

I have heard several stories from other people and my boss that in some villages people will scout for a speeding car and will purposely throw a hen or a goat or sheep. Then an woman/man will come and start crying near it's body say that its being raised as a sacrifice for a god/goddess and they'll demand hefty price for it.

My ex-boss has a mercedes glc. Which travelling through a village, suddenly a goat came in front of car, goat died. Then a woman appeared out of nowhere and started to cry near goat's body and state it as a sacrificial animal. Initially she demanded 10K as a compensation or she'll go to police. My ex-boss was ready to pay it and get away from this ruckus as far as possible. Then my ex-boss heard someone mentioning word "mercedes benz" and the demand was raised to 25K. My ex-boss identified it as an obvious extorsion and said he'll only pay 10K, gave that amount. Next morning in office my ex-boss told me this story and in the end he mentioned "I'm not sorry for hitting that goat. What I feel sorry is for that goat which I paid 10K and still didn't get to taste it"

harishankar 12th April 2017 11:33 PM

Re: How To: Accident Third Party Claims & Insurance etc.
 
Quote:

Originally Posted by krishna6239 (Post 533450)
Let's me input a scenario.

An SUV "X" hits an sedan "Y" with turning in a road. Y was in a main road and X was coming in a cross road. Since X had crash guard, nothing was damaged except few scratches on crash guard. Where Y had a ruptured bumper, broken headlight and dent in fender. X's driver agrees that it's his fault.

In the above scenario, Is it possible to claim via 3rd party insurance for Y ?
Is it compulsory to get an FIR for claiming 3rd party ?
Since X's driver is agreeing it's his mistake, Can't we just take written statement and X's insurance details from X's driver and submit to Y's insurance ?

Though TPPD (third party property damage) can be claimed from other insurer, you will need an FIR (At least a GD entry) and then you need to institute a claim against the other party and their insurer in an MACT. The other insurer may also contest the matter in the court. Besides in TPPD the liability of the insurer is limited as per law: only up to Rs. 6000/- (See Indian Motor Tariff IMT 20) for basic cover or up to Rs. 7.5 lakhs if additional premium is paid for TPPD as per GR 39.

Indian insurers generally have a knock-for-knock agreement, meaning each party claims from their own comprehensive cover if both are comprehensively insured. For vehicles without own damage cover, i.e. liability only, then you can claim from other insurer, subject to the limit mentioned above.


All times are GMT +5.5. The time now is 11:14 PM.

Powered by vBulletin®
Copyright ©2000 - 2017, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO ©2011, Crawlability, Inc.
©2008 - 2017, The Automotive India. All Rights Reserved.