Steps for Easy Settlement of Motor Claims
As the owner of a motor vehicle you must know that it is mandatory to take out a policy of insurance to cover your legal liability for the damage caused to third party – bodily injury, death and damage to third party while using your vehicle. The Section 192 of M.V. Act 1988 stipulates penal provision in this regard for non-compliance. Apart from monetary penalty, the imprisonment of 3 months is also prescribed.
Now in case you want to cover loss/damage to the vehicle itself you have to go in for comprehensive insurance of vehicle also called OD+TP policy designed and floated by insurance companies in the market.
This wider cover enables you to claim the repair cost in case the vehicle is damaged due to accident or the cost of the vehicle in case it is stolen.
Though apparently it looks simple to get claim from the insurance company under the OD+TP policy the reality poses many impediments so you must follow certain steps carefully to have you claim processed smoothly for fast claim settlement.
Step I: The first and foremost step in case a claim arises due to accident or theft is to inform the insurance company immediately, without any delay. At present, claims are being rejected on the ground of delay in intimation taking advantage of a judgement delivered by the National Commission (FA 321 of 2005 New India vs. Trilochan delivered on 9 th December 2009). So please keep the contact no. of the key person of the claim department of the insurance company, his email ID, address of the offices which issued the policy. The intimation of loss has got to be delivered in physical form i.e. through letter or email and the acknowledged copy has to be retained. It has to be done as early as possible and in any case within 24 hours. Please further note that intimation to Agent/Broker does not serve any purpose. You have to inform the office and the officer concerned with the claims department and collect the acknowledged copy of intimation.
Step II: As per the recent trend, the insurance company maintains a panel of garage/motor workshops where cashless settlements are arranged. It means that you do not have to first pay the repair cost and then claim it from the insurance company. The maximum you have to bear is the depreciation factor and Excess. Hence please obtain the list of garage/workshop in the panel and keep it in the vehicle itself. In case of accident, you have to simply inform the garage to arrange its towing and repair of the damaged parts. It will also save you from haggling with the surveyor over the assessment of loss since the garage owner has to receiver money directly from the insurance company. He has stepped in your shoes. You are required to meet the depreciation factor and Excess. Now policies are available to take care of the depreciation cost with a nominal amount of premium. In case you opt for it at the time of taking insurance, it will save you the depreciation cost as well. As per the IRDA Directives, the surveyor has got to be deputed within 72 hours. Please ensure that you are present at the time of discussion with the surveyor so that you know which parts are going to be replaced and which parts are being repaired. Once the vehicle is repaired, the garage will ask you to sign satisfaction voucher to have your confirmation that it has been repaired to satisfaction. At this point, you have got an upper hand and you must satisfy yourself about the quality of repairs and replacements of parts.
Step III: Now the most important aspect of the claims comes. It is the verification of vehicular documents like D/L, RC, etc. If you have obtained D/L through a middleman please ensure its verification directly from Transport Authorities to determine its genuineness. If you fail to do so, please note that the insurance company will get it verified through its investigator and if found fake or invalid, the claim shall be necessarily rejected. D/L is the most vital document and you must ensure it is genuine and valid. In case you have engaged a driver to drive your vehicle please get his D/L verified. No relaxation in this regard is acceptable. As regards RC, i.e. owner book if you have purchased the new vehicle from a dealer there is no problem but if you have purchased the vehicle second-hand, please get the RC verified. It is a common malady that stolen cars are being sold with fake RC. Your motor claim is sure to be rejected in such cases. Though the PUC certificate is not mandatory for processing of the claim, it becomes important in theft cases as it establishes the existence of vehicle and in running condition. It comes as a collateral evidence to support your claim.
Step IV: In case of a major accident or theft of the vehicle, the FIR is necessary to be lodged with the police station under whose jurisdiction the unfortunate accident has taken place. Either you visit the police station and lodge the FIR or you may file it online. The Police Authorities have now allowed the filing of FIRs online. The list of email ID (police station wise) is published in the newspaper as advertisement. It should be kept safely so that it comes handy in emergency. Similarly, the final police report confirming the investigation and findings of the policy may also be obtained.
Step V: Last but not the least is the requirement of keys, in case of theft claims. Some insurance companies insist on submission of both the ignition keys delivered by the dealer at the time of sale of the new vehicle. You are using one key and the other key is kept safely. Please note that both the keys are submitted at the time of theft claim.
The main problem of insurance officials is their attitude. That is why as regards to claim settlement the image of Indian insurance companies is not good. On flimsy grounds, the claims are stalled.
That is why the insured claimant is expected to be more attentive and follow the steps as detailed above.
Even after following the requirements if he does not get claim, he may approach the office of the Ombudsman for the redressal of grievance. The address of the local ombudsman is available on its site. Moreover the insurance company is under bounden duty to let you know the address of the local Ombudsman.
M. K. Sinha
Regional Manager (Retd.)
United India Insurance Co. Ltd.
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