problem in insurance claim

Hi,

Drunk driving is a serious legal offence and can lead to criminal charges. It can result in rejection of insurance claim in case it is found that the driver was under influence of alcohol and the vehicle was damaged by him. Also, in case of a 3rd party claim the insurer may not cover the expense because of drunk driving issue -- which could be a possibility in your situation.

In case your claim is rejected, you may appeal by making an official complaint to the insurance company following due procedure.

If your complaint still stands rejected, you can complain to the IRDAI. IRDAI has also established an online complaints registering system called the Integrated Grievance Management System (IGMS) at www.igms.irda.gov.in where you can fill and submit a form with your complaint. You still can go to the Insurance Ombudsman or seek other legal remedies if the insurance company’s response is not to your satisfaction.

You should also fight your case in court against the false claim as it will impact the decision made by authorities against the insurance claim.

An application can be filed under section 482 of the code of criminal pro procedure before the high court to seek directions to quash a frivolous FIR against the accused. If the charge sheet has been filed on the basis of a frivolous FIR then the accused can file a discharge application under section 227 of crpc.

You can further file a case against those who are making a false claim against you using section 182 of the Indian penal code whihc states that-

Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing that he is likely will thereby cause, such public servan

(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or

(b) to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either descripttion for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

You can also file a suit under section 211 of the Ipc which states that- -

Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both;

You can also file a defamation case against them under section 499 of the Indian Penal Code.

I hope this answers your question!

Havea. good day!