How to claim Insurance-Motor Car theft Insurance claims.

Motor Car theft Insurance claims.

Nothing is more upsetting than getting to know your car is stolen and what is left with you is only your car Key We become upset when our car is stolen. The first thing which struck us is Insurance.

The worst is your car is stolen and u also didn’t receive the insurance money. I will try to explain here the few steps which every car owner should take immediately to have an insurance claim not being rejected.

The main document for car theft claims:

 

·                     Most imp Car keys original-

·                     Original FIR Copy- Download from police website.

·                     Xerox of driving license

·                     Car insurance policy documents

·                     Xerox of RC book

·                     Duly filled car theft claim form

·                     RTO papers/forms like form 28, 29, 30 & 35.

Most Imp steps to claim car insurance in case of theft are as

1-            Inform the insurance company immediately the moment you come to know about your car theft.

2-            Register an FIR keep a copy of it and also inform the insurance about the F.I.R.

3-            Contact the R.T.O and inform them about the theft of your car also apply for duplicate if  needed by insurance company for claim.

4-            submit the following document

·                     Car R.C copy

·                     duly signed claim form

·                     Policy copy, insurance.

·                     Driving License

·                     F.I.R copy

·                     Intimation letter to R.T.O about the theft of your car.

·                     R.T.O Form 28,29,30,35

·                     any other document required by Insurance company

5-            After the claim is settled you have to transfer your car RC to Insurance company and handover the car key along with letter of subrogation. please ensure that the police NTR is required beforehand for approval of the claim

Apply for N.T.R (No Trace Report): No-trace report/untraced car report is given to you by the police, stating that your insured car is untraceable. This report might take a month to be issued. It is a vital document and the chances are high that your claim request would be rejected if this report is found to be missing.

You would need to immediately obtain a duplicate RC book from the road tax officer’s office. and also License in case you lost it with your Vehicle. Ensure that u have all the keys.

The insurance claim approval also depends upon surveyor’s report as to how the car was parked, weather the door was locked window was opened.

Case Laws

Industrial Promotion & Investment Corpn. of Orissa Ltd. v. New India Assurance Co. Ltd. (2016) 15 SCC 315, United India Insurance Co. Ltd. v. Orient Treasures (P) Ltd. (2016) 3 SCC 49, General Assurance Society Ltd. v. Chandumull Jain (1966) 3 SCR 500, which explained the principle.

Where there is ambiguity in the policy the court will apply the contra proferentem rule. It means that ambiguity in the wording of the policy is to be resolved against the party who prepared the contract.The Court quoted from General Assurance Society Ltd. v. Chandumull Jain (1966) 3 SCR 500 as follows :

""in a contract of insurance there is requirement of uberrima fides i.e. good faith on the part of the assured and the contract is likely to be construed contra proferentem, that is, against the company in case of ambiguity or doubt"".

Sushilaben Indravadan Gandhi and another Vs The New India Assurance Co &ors

The S.C Held as Exemption clause in Insurance contracts is to be construed against insurer in case of doubt.

 KAJAL vs. JAGDISH CHAND Case no.: CIVIL APPEAL NO. 735 OF 2020

S.C retreated the Principle for grant of compensation Motor Accident Cases.

Guidelines to Ensure Victims Money Is Not Frittered Away: In this case, the High Court while enhancing the amount of compensation had directed that the enhanced amount be paid to the appellant within 45 days. The Court said that the following guidelines issued in General Manager, Kerala State Road Transport Corporation, Trivandrum v. Susamma Thomas 1994 SCC (2) 176 should be followed by all the tribunals and High Courts to ensure that the money of the victims is not frittered away.

The Apex court in Om prakash v/s. Reliance general Insurance ,2017

 “If the reason for the delay in making a claim is satisfactorily explained, such a claim cannot be rejected on the ground of delay. It is also necessary to state here that it would not be fair and reasonable to reject genuine claims which had already been verified and found to be correct by the investigator.

The Court also reiterated that the Consumer Protection Act aims at providing better protection of the interest of consumers and it is a beneficial legislation that deserves liberal construction. This laudable object should not be forgotten while considering the claims made under the Act,”

 Bishwa Kumar Jain # 9582584584 B com (h). L.L.B. DIP Cyber Law. Member International Arbitration U.K. Practice Advocate Supreme Court and High Court of Delhi.