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Santv (telecom engineer)     01 November 2014

3rd party insurance for person met with accident

Hello,

My unlce met with an accident some 2 yrs ago. We have filed a case against the party. Case is going on...recently we came to know about one thing.  The driver who created the accident does not have a valid Driving License or its expired, due to which their Insurance Co. will not give 3rd party insurance amount.  Is is true?

The way case is going I don't believe we will get any money from them. We have already spent close to 20 Lakhs for my uncle treatment. Still he is being treated, lakhs are being for this treatment. We are now short of money. 

Thought of getting money from opposite party ASAP, but seems that it will be too difficult now with 3rd party Insurance being denied. Pls let us know all your suggestions to going further. Need all your inputs. 

Thank you.



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     01 November 2014

If an accident clearly wasn't your fault, paying for your own repairs or medical bills can be frustrating. But this can happen when the other driver disputes fault or when the investigation takes longer than expected and you'd like to get your car into the shop.

In some cases, initial expenses can be reimbursed through subrogation.

If the other insurer denies your claim for any reason (like an unclear police report), you may need to file a claim through your own insurer. Your claims rep from your own insurance company will help and explain what this means for your personal expenses.

If you need immediate repairs or payment for medical bills, let the claims rep from your own insurance company know. You may be able to file a claim with your own insurer, who will then start a process called subrogation against the other driver's insurance provider for all expenses. The downside: you'll initially pay your deductible out of pocket, and there's no guarantee that subrogation will work.

T. Kalaiselvan, Advocate (Advocate)     05 November 2014

The insurance company may turn down the claim but the party will be held liable for payment of compensatory amount award passed by the court.

Sudhir Kumar, Advocate (Advocate)     09 November 2014

The driver and owner are still liable.


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