Third party insurance
is associated with general insurance, especially motor insurance. According to
the Indian Motor Traffic law it is mandatory to have third party insurance for
those who hold motors. However, many consumers who are taking it are not aware
of its coverage, benefits and claim process. As the name suggests, when the
beneficiary of any insurance policy is someone other than the two parties
involved in the contract (the insurer and the insurance provider), the cover is
known as a third party insurance cover.
The article will
guide you on third party coverage, it functioning and how the liabilities are
settled in general insurance claims.
Third
Party Insurance Cover
Some general
insurance policies cover two distinct parts in their insurance policy i.e. ‘own
damage’ part and ‘third party’ part. A third party cover represents any other
form of damage caused other than the insured person’s motor. The driver of the
vehicle and the passengers in it, or any pedestrians or third party property,
which are likely to get affected by the vehicle are covered by the third party
cover.
Claims
Many people in India
who are not fully aware of the insurance policy structure have a misconception
that it is the insurance companies who are taking care of third party claims. However,
it is not like this. This cover has to be taken by the insured person and not
the insurance companies who look after it.
Some
cases of claims involving third party insurance:
Road
accident
As per the motor
Vehicles Act, 1988, a motor third party claim must be filed by the affected
person in a tribunal at the place of accident.
You’re
a Victim
If you’re a victim of
an accident, you must obtain the insurance details of that vehicle. Make sure a
police complaint is filed for the accident and the first information report
clearly states the facts of the case as to who was in the wrong. Based on
these, a complaint must be filed at an MACT court at the place of the accident
or at a place where the injured resides.
In most cases, the
driver or owner of the car will try to settle the matter out of the court
procedures. But, if the accident involves death of any person then any legal
heir of the deceased can apply for claim under the third party insurance to get
sufficient compensation. The court will summon the owner or driver of the
reported vehicle as well as representatives of both insurance companies before
taking a final decision in the case.
Property
damage
This is very usual
scenario. Whenever there is an accident there is a high chance of property
getting damaged on the road such as building, stalls, etc. So if your property
is damaged by a third party while driving you can either go for an
out-of-the-court settlement or a settlement through MACT. If you feel that the
damage caused and the expenses incurred thereby are more, a proceeding through
MACT can be initiated. Get the details of the vehicle and their insurance.
Third
party laws
As per the Motor
Vehicle Act, 1988, a third party claim can be made under two categories: ‘no
fault liability claims’ or ‘fault liability claims’. In the first case, the
accident or injury happens by chance and not due to anyone’s fault. In such cases, the compensation for the
person who claims will be as per rules of the Motor Vehicles Act, 1988.
However, if the claim is under fault liability, the claimant needs to prove the
negligence on the part of the inflictor i.e. the car on the drive. In such
events, when it is proved, the compensation can be higher, and depends upon the
court judgment based on factors like human asset value or loss of earnings for
the person or his or her family out of the incident or damage.
Options
Although, the basic
coverage is compulsory for certain policies, there are many other options in a
third party cover to choose from. Apart from insuring driver and co-passenger,
you have the option of insuring additional passengers in insurance policy. There
is also a provision to opt for a higher sum assured for the passengers or third
parties. Third party insurance is the minimum
insurance coverage that is mandatory as per law in certain cases like a motor
insurance. Third party fund pooled is not administered by the insurance
company, but mandated by law.