Motor accident claims

jains (Querist) 09 May 2020 This query is : Resolved
In the insurance there is compulsory PA coverage for driver as well as owner. If the owner fall from a pickup van vehicle an get injure due to rash riving of its driver will owner claim insurance compensation.

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This discussion clarifies motor accident claims for vehicle owners who sustain injuries while in their own vehicle, even if caused by the driver's negligence. It confirms that owners covered by compulsory Personal Accident (PA) insurance should be able to claim compensation. The advice stresses the importance of documenting facts like the driver's licence and the nature of injuries, and suggests that insurers denying claims for owner injuries are acting improperly. Consulting a local lawyer and potentially filing a consumer complaint are recommended if the insurance company refuses reimbursement.

Raj Kumar Makkad (Expert) 09 May 2020
If owner is covered then he should definitely claim in case of sustaining injuries due to accident occurred due to the same vehicle irrespective of the person driving the same.

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Rajendra K Goyal (Expert) 10 May 2020
Can claim provided he is covered.

Rajendra K Goyal (Expert) 13 May 2020
Please state clearly:

Whether the owner was of the same pickup van from which he fell?.
Whether the driver was having valid driving licence?
Whether the pickup van was not playing in illegal / unauthorized activities?.
What type of injury sustained, approximate bill for the treatment?
Whether the insurance company was duly informed after accident occurred?
Whether any action was taken by the insurance company if informed?

Please state clear material facts. With the given facts, more appropriate advice not possible what given already.

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T. Kalaiselvan, Advocate (Expert) 14 May 2020
The owner is already covered in the insurance police.
Hence he can very well claim compensation from insurance company as pr the policy conditions.
Whenever you are in doubt about such clauses, you can go through the policy conditions, which clearly explains the benefits of the policy.

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jains (Querist) 17 May 2020
Answer to Mr Rajenra Goyal:- The owner was in the same vehicle while another person having valid lenience drives the vehicle for hiring legal purpose. some fingers of the owner got fractured due to a fall from the vehicle while he tries to exit from the vehicle when the driver negligently moves the vehicle unexpectedly. The bill may go up as of now it is 25000/- Rs. Though it is informed to the insurance company they took a stand that only death and other serious injuries like loss of eye or limb will be considered for such cover by the owner.
pls reply Sir

jains (Querist) 17 May 2020
Pls reply Sir Thank u for the detailed response.

jains (Querist) 17 May 2020
The cover for owner is state in the policy paper that compulsory PA cover for Owner-driver- 1500000/-

Rajendra K Goyal (Expert) 17 May 2020
Discuss with local lawyer and file claim for the injury.

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Raj Kumar Makkad (Expert) 17 May 2020
In the given facts, the insurance company cannot deny to reimburse the bills of treatment of the owner as he is already covered under the said policy, The stand of the insutance comapny is not tenable before law. File a consumer complaint against the said company.

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