Ramesh Kumar (consultant) 01 December 2011

Motor vehicle accident third party claim

I was involved in an accident where the FIR states me as the fault vehicle ( i was the driver). The other person has filed case against me and my insurance company (oriental insurance) under MV act section 166 for medical claims and injury compensation. The paper which came from the court clearly mentioned that i have to be present in the court on the particular date.

My insurance company says that i dont have to bother, and since i have insurance and drivng license, they will take care of everything.

My question is:

1.do i have to attend court on the date of the hearing and all future dates that come up.

2. can i trust the insurance company when they say that they will take care of everything since i have a policy in effect on the accident date and my driving license too is valid.

Pls let me know anything else i should be aware of..

Thanks,

Ram

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3 Replies

ritu sharma (lawyer) 02 December 2011

you should attend you case and put your defence before the court, although you had insurance and valid driving licence at the time of accident .

rs advocate

kvss.prabhakar rao (Advocate ) 11 December 2011

Ritu Sharma is correct. You must engange advocate and defend your case. You must prove on the date of accident you hold valid driving licence and no neglegence on you part

Devesh A. Bhatia (Advocate) 22 December 2011

You can hire an advocate to represent you and that lawyer shall act in accord with your insurance company's lawyer. You must be clear that in this case you and your insurance company are on the same side and both of your interests are aligned.

I would suggest that you let insurance company take the lead and you (representated by your lawyer) take the back seat.