Learn Trademark Filing Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Maloji rao ghodkar (civil side )     03 June 2025

Insurance claim for the damage suffered by the motor car

The motor car of Mr A suffered damages due to collision of the lorry which was coming behind the car.  Whether Mr A is required to make claim against the insurance company of the crime vehicle / the lorry or Mr A has to make claim from the insurance company of his motor car only.  Kindly advise. 



 4 Replies

Dr. J C Vashista (Advocate )     04 June 2025

Mr. A has to get FIR registered and claim submitted against the owner, driver and insurance of the offending lorry hit the car from behind 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     04 June 2025

Besides what Dr. J. C. Vashista says, on the spot evidence at the site of the accident will have to be taken by the police. In India only in the case of serious accidents involving heavy damage, injury or death, the police acts to determine who is responsible for the accident, takes panchana etc. If the case is contested it will go to the tribunal. Witnesses also will be required. In India it is dfficult to get witnesses.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     04 June 2025

Mr. A has two possible options for making an insurance claim:

Third-Party Claim: If the lorry driver was at fault, Mr. A can file a claim against the insurance company of the lorry. This falls under third-party insurance, where the insurer of the lorry compensates for damages caused to Mr. A’s vehicle2.

Own Damage Claim: If Mr. A has a comprehensive insurance policy, he can claim damages from his own insurance company. In this case, his insurer will cover the repair costs, and if applicable, later recover the amount from the lorry’s insurer2.

 To proceed, Mr. A should: Report the accident to the police and obtain an FIR. Inform the insurance company immediately. Gather evidence, including photos of the accident and witness statements.

Follow the claim process as per his policy terms2. Would you like guidance on filing the claim step-by-step?

T. Kalaiselvan, Advocate (Advocate)     05 June 2025

Sufficient opinions havce been rendered by experts above, I endorse them instead of repeating the same opinions.

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register