I had a car accident while I was in India last year albeit a
minor one. You might be in a similar situation now or in future. So I’m
documenting the procedure for how to make a car insurance claim or procedure
after accident in India.
In contrast to what happens abroad, the driver of the other
was furious and wanted to get into a fight. Thankfully it was near a busy
signal and a policeman was available nearby to resolve the issue. This is in
stark contrast to what happens abroad. We just park the car on the side and
wait for a policeman to come and issue a report to both parties. We make our
claims based on that and that is reason we have car insurance. There is no need
to get too emotional if there is no physical injury.
Putting that aside, in a country like India, owning a car is
no longer an ‘owner’s pride’ kind of thing. It has become or is becoming a
necessity in life. As banks are willing to lend money to help you buy your
dream car, more and more people are queuing up for car loans.
But your dream vehicle can meet an unfortunate accident at
any point of time. To cover these risks you need to take out a car insurance
which is also known as motor insurance or auto insurance.
Nobody wants to get involved in a car accident. It not only
ruins your entire day, it can cause multiple injuries and even deaths in some
serious cases. There is hardly any driver in India who has never got involved
in a car accident throughout his life. It is true you cannot stop accidents
from happening but you can be well prepared to meet the financial losses that
results from an accident by buying a proper Motor Insurance.
But before you can use that insurance money to recover your
loss and back to normal as it was before the accident, there are a few dos and
don’ts which should kept in mind in the process of making a car insurance claim
after an accident in India.
What you should do after an accident?
Car_Accident_Insurance_Claim_Procedure An individual is full
of anger and varying emotions immediately after an accident. These negative
emotions will try to take control of your self.
In these trying times, you must keep your calm and try to do
the following with the best of your abilities.
You should make an attempt to prevent further accidents by
keeping the flashers/emergency lights on. If the lights are not working then
you should have a flashlight with you for your own safety while you wait by the
side of the road. If possible place a glowing tape hazard triangle 10-20 ft
behind your car.
Even if there are no serious injuries, it is always prudent
to call the police. You may need a police report to file a car insurance claim
even if you are just claiming for the damage to your vehicle. The vehicles
involved in the accident must remain where they are unless they are proving to
be a hindrance to the traffic. If so, take pictures from all possible angles
before moving vehicle to the side of the road.
When the police arrive at the scene, make sure you tell the
investigating officer exactly what happened. Do not speculate or guess; just
tell it to the officer what you really know. Also ensure that the statements
given by the other people involved in the accident are accurate as well. Try to
make sure your story is heard first by the officer. Also do not admit it is
your mistake openly if there is even small doubt. This can be used against you
in some cases during your claim procedure.
If there is visible damage to your car, then you use at
least your cell phone camera to take a picture of those damaged areas. If you
have visible injuries, photograph them also. But you should never interfere
with the police investigation. If you are unable to take pictures at the
accident scene, do click pictures as soon as possible before police arrives.
Typically an investigating officer should take the name,
address and telephone number of all the persons involved in the accident but if
he fails to do that then it is your duty to take down the details from the
people involved in the accident.
The motor insurance company needs to be notified as soon as
possible. There are many policies which require immediate reporting; so you
must co-operate fully in this regard. If there are medical benefits in the
insurance coverage then you must submit the accident related medical bills to
the insurance company. Even better, ask for guidance on how to proceed from
your insurance agent/company itself.
Always maintain a file and keep all documents related to the
accident together. The information should include all original bills, the claim
number, the details of the adjuster who is handling the claim made by you, the
names and contact information of all the persons, receipts of all expenses
incurred due to the accident.
The most important thing to do after having a car accident
is to consult your attorney, if you have one. He will be able to protect your
rights and ensure that no valuable evidences are destroyed. Since some motor
insurance companies ask for a statement immediately after an accident, make
sure that you speak to your attorney before making any statement.
Type of Motor Insurance policies in India
What you should not do after an accident?
Here are the few things that you should not do after a car
or an auto accident.
Running away from the scene of the accident – This is very
common in India but this is one thing you should never do. Irrespective of the
severity of the damages, one should always stop the car and check on the other
persons who are involved in the accident. If anyone is found injured then make
all efforts to provide medical assistance. This is a kind act and may help you
later on.
Not informing the police – All kinds of accidents need to be
reported to the police. This is actually lawful and will help you at the time
of insurance claim. The driver of the other car may try to reach a settlement
with you and request you not to inform the police; do not fall for it. There is
a huge chance that his auto insurance policy is either fake or outdated. The
police report that you file will help you in filing an insurance claim.
Getting unnecessarily aggressive – Many people make the
cardinal mistake of losing the temper after an accident. On the contrary, the
first thing you should do is to enquire about the condition of the other
driver. Take a deep breath and try to analyze the situation. Always be polite
but never take the blame on yourself. This would mean that you are accepting
the legal liability of the accident.
Forgetting to document the accident site – After you have
called the police, you need to document the wreck. Note down the other driver’s
name, address, name of the insurance company and policy number. It is mandatory
for every car owner to have a 3rd party insurance; so these little information
will help you in getting a financial compensation for the insurance company.
Ignoring the post accident formalities – It is very
important to file an insurance claim in the shortest time possible. Most of the
insurance companies in India have a time limit for filing an auto insurance
claim.
Filing a claim with the auto insurance company
There are basically 2 types of auto insurance –
comprehensive motor insurance and third party motor insurance. The
comprehensive car insurance cover any losses that arises due to damage or theft
of the vehicle or death of anyone in the car during an accident.
The third party insurance or Act only Risk type covers the
damage inflicted by your car on the other vehicle. It does not cover theft,
damage to your vehicle during accidents. Always go for the comprehensive
car/motor insurance.
When you file a claim with the insurance company, the
company will not cover its depreciated value or the general wear and tear of
the company. The claim that you will finally receive will be based on the
actual repairs to the vehicle subject to the ceiling created by the Insured
Declared Value on the policy document.
You will also need to call the insurance company within a
set time-frame and you need to check the policy to know what that time-frame
is. The insurance company will also have a preferred garage where you need to
tow your vehicle to get an estimate of the damage and cost of repairs.
The insurance company will also ask for a set of documents
that will include
Copy of the Insurance Policy
First Information Report or FIR
Properly filled up Claim Form
Vehicle Registration Copy
Driving License Copy
Original Estimate of Repairs
You think that you can prove that other driver is at fault
in a court? In that case instead of filing to your car insurance company, you
can make a third party insurance claim in the Motor Accident Claims Tribunal.
So your insurance policy will not be affected.
Car insurance claim procedure – points to remember
Remember that in-house surveyors can only assess damages
upto Rs 20,000. If the damages are above Rs 20,000 it should be assessed by an
individual surveyor. It is illegal for your insurance company’s in-house
surveyor to assess damage more than 20k as they usually will try to rip you
off. The report must be submitted within 30 days of the accident by the
independent surveyor.
If you’re not satisfied with the assessment, you can always
negotiate with proper reasoning.
Remember, all legal cases pertaining to car accident cases
are decided by the Motor Accident Claims Tribunal. You need not be afraid of
anything if no fault of ours. Don’t resort to violence with the guy at other
end.
If you had lost someone in a car or motor accident and able
to prove that other party is at fault, the next of kin will get 50% of the
deceased person’s actual income of his/her remaining life as compensation. The
court will decide the exact amount. If not, the compensation is fixed at flat
Rs. 50,000.The car insurance company can also be included as one of parties in
the claim.
If it is a rented car, immediately inform the rental agency.
They will take care of the insurance claim. You will have to co-pay for some
part of the claim and run-around for a few days to complete procedure.
A car accident is something which we never want to get into.
However, in case it happens, nowadays the car or motor insurance claim
procedure in India is simple compared to the past.
Hope this was useful. Share your experience of car or motor
insurance claim for other readers below. Also point out if any mistake. We’ll
be glad to check and rectify.
Source: [ http://blogs.rediff.com/motorinsurance/2016/06/25/motor-insurance/
]
