Third Party Insurance claims on road accidents

To those unfortunate enough to be a victim of another driver’s / rider’s carelessness and negligent driving, my sympathy goes out to you. Having been a victim of one such accident (this is apart from the regular quota of little bumps, dents and innumerable scratches your vehicle collects on your routine outings), third party damage recovery for small damages – by which I mean a visible dent in your car or a head light or tail light cluster breaking – in nearly impossible (as my experience here in Bangalore turned out) as one will most likely not have the time or the courage to go through with this tedious process. The tragedy is even if a very determined soul, with plenty of time in hand is willing to risk adding insult and further injury to their already damaged car or bike, they can never be sure that there will be gold at the end of the rainbow. Let me explain this somewhat confusing statement.

Imagine a situation where you are peacefully driving along following the rules. You stop at an intersection and are waiting for the signal to turn green. Suddenly you hear a big thud, get violently jolted. You look around frantically and realize that someone has hit you from behind. The driver of the car that hit you comes around and says he is sorry etc. Gives you the copy of his comprehensive insurance policy asking you to claim the damages from them and his trouble are over and yours begin.

You call the insurance company. On the N th attempt an indifferent voice tells you to file a police complaint and bring them the order from the court to pay damages. Not losing heart yet, you go to the traffic police station and the policeman man on duty there tells you to give complaint in writing. So far, so good. But here comes the crusher! He also tells you to leave the car behind in the parking outside (there is no parking space in the cop house). You protest you can’t do that, as you need your car and all it needs is for the dents and the bumper to be fixed. He looks at you as some one would at an ignoramus and asks, “ But how will the RTO vehicle inspector inspect the damage to your car? ”. You say sounding hopefull, “ I will bring the vehicle when he is coming here by fixing an appointment”. He gives you a pitying look and says, “ There is no specified time for his visit. In any case, once you have given a written complaint the vehicle cant be driven”. You look helplessly at the row of bikes and cars, parked there out in the street. They seem totally beyond repair and seem to have come to their final resting place. You are losing all hopes of making any claim by the minute. You are not about to leave a perfectly good car to the tender mercies of that roadside parking and leave it unguarded on open season basis. You gather courage and ask the policeman, “ How long does this process take”. He gives you an encouraging smile and says, “not very long from one month three months. The RTO inspector will send the report to the court with his recommendation for the necessary repairs. After that the court will pass the order for the insurance company to pay. Then you can take the car to the garage they specify and get it repaired to the extent they have recommended. Anything over and above this will be to your account. This is apart from the excess waiver of Rs 500 that you have to pay anyway”.  Then in a knowing aside says, “He can be made to come sooner”. The meaning of this would be obvious to any man of the world!

Then very helpfully he suggests that I should get it repaired by myself and claim it from my own insurance company. I thought this was the best advice I could get and did as the wise policeman had suggested. In all fairness I must say I contacted the owner of the car that caused the damage and the gentleman that he was, he paid 50% of the cost of the repairs. But how does one choose a gentleman to have and accident with every time?!

Now I wonder, how many minor third party claims the insurance companies settle or rather not settle. They must make a killing from all the unclaimed minor third party damages from people who give up in sheer frustration. Even when one files a claim to his own insurance firm in a case like the one narrated above, they still make money by cutting off the no claim bonus from the next premium. So its head they win and tails you lose!

Elsewhere abroad where, in the event of an accident the police come to the spot and inspect the scene and adjudicate on the spot. They give their approval to have the vehicle repaired and clearly mention whose fault caused the accident. It is mandatory for that person’s insurance company to pay for the repairs of the vehicle unconditionally. As a matter of fact the better workshops will not accept any vehicle for repair of damages caused by an obvious accident without a police clearance certificate, as there could be third party damages unknown to them. Where justice is fair and swift and one is not harassed in such incidents.

Moral of the Story:

DO NOT HAVE AN ACCIDENT. EVEN A THIRD PARTY ONE!!!