Motor Accident
Pawan Mittal
(Querist) 12 February 2009
This query is : Resolved
Hi friends,
I just want to know about third party claim procedure from general insurance company.
my question is:
1. Mr.A is having comprehensive insurance policy of his car.
2. Mr.B is having third party insurance policy of his car.
3. Mr.B's car hits to Mr.A's car.
4. Mr.B is admitting his mistake.
5. Can Mr.A take the claim from the insurance company of Mr.B for the damages of his car ?
6. What will be the complete procedure ?
ARVIND JAIN
(Expert) 12 February 2009
let him a file a claim against b and ins company in court.
MANISH
(Expert) 14 February 2009
Dear friend Pawan,
Here in your case, Mr. A can claim for the damages of his car from his own insurance company rather than from the insurance company of Mr. B.
If there could have been any injury to Mr. A or any other person in the accident, then Mr. B's insurance company may be made a party to the suit and damages could have been claimed from the driver, owner as well as the insurance company of the offending vehicle, wherein the insurance company may be liable to pay the third party claims.
But in your case, it seems that there is no physical injury, etc. the only claim is for the damages to the car, so the damages could be claimed from the insurance company of Mr. A by Mr. A. however, the intimation has to be given to the insurance company as soon as possible, otherwise the ins. co. repudiates the claim only on this ground alone.
In case, the ins. Co. repudiates the cliam, then a complaint may be filed before the district consumer disputes redressal forum.
K.C.Suresh
(Expert) 15 February 2009
Dear Manish you can advoise the party to file a complaint befoe the police ir make a general diary entry in the Police station to substantiate the accident. Other part you are answered.
B.B.R.Goud.
(Expert) 23 February 2009
i do agree with our learned councel-friends
RAKHI BUDHIRAJA ADVOCATE
(Expert) 16 February 2009
