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Anurag (NA)     26 November 2014

Damage claim if insurance is not transferred but reg changed

Insurance company declined the cashless claim in the event of an accident since the name on the insurance is of my deceased brother . RTO took 2 years time to get the car transferred in my mother name and during this time I had no choice but to keep my Late brothers name in the policy, unaware of the fact that if claim will arise it will be a difficult time running from post to pillar of insurance offices. 

Once I got the registration of car transferred in my mothers name dated June 14 , RTO handed over the new Reg in Sept 14 and within a weeks time i informed to Insurance company office via email and by Speedpost AD that the reg has been transferred and asked them to issue a new policy certificate date 26 th Sept 2014. To my luck on 13th Oct 14  I met an accident. Since the name has not been transferred yet, my cashless was not done and I have been asked to furnish all email and mail communication, plus they have asked me to submit in  writing the series of event that happened and want the case to investigated.


Please suggest

  1. is Cashless possible in this situation or I have to pay from my pocket and then claim from Insurance Company?
  2. In the event if RTO has delayed the procedure by 2 years and without insurance I cannot run my car on streets ,am I at fault anywhere keeping my deceased brother name in the insurance policy?
  3. Can the insurance company deny payment just on the bases that Reg was transferred in June14 and I nformed them on 26th Sept14,(Although the date of communication is prior to Accident Date=13th Oct 14)
  4. Who should I contact in case Insurance company denies?
  5. Is there a consumer law in this regard ?

Thanks and regards



 1 Replies

T. Kalaiselvan, Advocate (Advocate)     30 November 2014

This is a fit case for  deficiency of service to the consumer by the Insurance company, contact a local lawyer and send a legal notice to the insurance company demanding the relief, failing to invoke any response to this notice, you may approach the appropriate consumer forum claiming damages and also compensation and costs.

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