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Vehicle accident

(Querist) 27 October 2012 This query is : Resolved 
Dear Sir,

I had been purchased one vehicle at GUNTUR of ANDHRA PRADESH on 24-10-12. the vehicle was delivered on Delivery Challan without TR & Insurance. Unfortunately the vehicle met a major accident on 25-10-12 at 09:30 AM(nothing happen to us) before insurance policy generation. Immediately we have been taken the vehicle to the Showroom. Nobody was given the response till 3:30 Pm pf the same day. We have met the MD of the company at 3:45 PM then we came to know that TR and Insurance was not been done till that time. We have asked to replace the vehicle but the MD refused to do it. he was agreed to replace the parts with taking money. But today they are saying that please pay the amount then insurance people will release the cheque on behalf of your name.

What action can we taken against the company.

Thanks in advance

Regards
Parveen
Sudhir Kumar, Advocate (Expert) 27 October 2012
Your vehicle was on road and presumed to have beeninsured (unless taken out illegally without cover note). it got accident and you did not approach insuranc ecompany rather the show room who had no role in insurance claim. Now they have repaired vehicle and you hve to pay. You can claim from Insurance company.
PRAVEEN KUMAR (Querist) 27 October 2012
Dear Sir,

We have been asked the Insurance cover note at the time of delivery of the vehicle. But the distributor/ show room people said that the paper will be issued to you in couple of days. They said that if any thing happen to the vehicle we will take the responsibility now they are given a Big Hand.
Sanjeev (Expert) 28 October 2012
Ideally the Vehicle should not be taken on road without a valid Insurance as unless insured the insurance company has no responsibility to pay. This is a mistake on your part taking delivery without vehicle insurance
Sanjay K.Dhar (Expert) 30 October 2012
You should have obtained the receipt of payment of premium in case same was paid by you but without any contract of insurance in existence pertaining to your vehicle, question of liability of insurer does not rise at all.


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