how can I claim third party insurance when the FIR is already filed

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MOTOR INSURANCE CLAIM:

A claim under a motor insurance policy could be for either of the two injuries:

DAMAGE TO OTHER, which includes injury or damage to property related to someone else. This person is called the “third party”;
DAMAGE TO SELF, which includes damage to a person’s own insured vehicle. This is called “own damage claim” and one is entitled to it if they are holding a package or a comprehensive policy.

THIRD PARTY CLAIM:

In a third party claim where a person’s vehicle is involved, it is imperative to report the accident immediately to the police authorities as well as the insurance company. However, for a third party who has suffered loss because of someone else’s vehicle, the injured party must obtain the insurance details of the vehicle and make an intimation to the insurer of that vehicle.


OWN DAMAGE CLAIM:

In the event of an own damage claim, which is where the persons own vehicle is damaged due to an accident, the person must immediately inform insurance company and police, wherever required, to enable them to depute a surveyor to assess the loss.


THINGS TO DO/NOT DO:

Intimate the insurance company immediately.
The person should not attempt to move the vehicle from the spot of the accident without the permission of police.
Repairs should be done only after permission is received.
In case of cashless service, insurance company will pay the workshop directly.

THEFT CLAIM:

Insurance can be claimed against loss of stolen vehicle.

One must inform the police and the insurance company immediately in case the vehicle is stolen while in insurance.
Transport department should also be informed.
Policy Documents should be read as soon as received and not when need arises. This helps in understanding the documents required and procedure to be followed in case a claim arises.
At the time of making a claim, all requisite documents should be submitted along with the duly filled insurance form.
There may be special requirements for every kind of claim. Care must be taken to follow the instructions property. Eg. Surrendering the keys in case of a stolen car.

PROCEDURE FOR FILING AN APPLICATION FOR COMPENSATION IN MOTOR ACCIDENTS CLAIMS TRIBUNAL

WHO MAY APPLY:

An application for compensation arising out of an accident under Section 166 of Motor Vehicles Act, 1988 may be made:-

By the person who has sustained the injury, or
By the owner of the property, or
Where the death has resulted from the accident, by the legal representative/s of the deceased, or
By any agent duly authorized by the person injured.

WHEN LEGAL REPRESENTATIVES OF THE DECEASED HAVE NOT JOINED IN THE APPLICATION:


The application shall be made on behalf of or for the benefit of all the legal representatives of the deceased;
The legal representatives, who have not so joined, shall be impleaded as respondents to the application.

JURISDICTION:

Every application for compensation arising out of an accident involving death or bodily injury shall be made, at the option of the claimant:

Either to the Claims Tribunal having jurisdiction over the area in which the accident occurred, or
To the claims tribunal within the local limits of whose jurisdiction the defendant resides sand shall be, in such form and contain such particulars as may be prescribed.

LIMITATION:

The application for compensation must be made within six months of the occurrence of the accident. The claims Tribunal may however, entertain the application after the expiry of the said period of six months, but not late than twelve months, if it is satisfied that the application was prevented by sufficient cause from making the application in time.


SUPPLY OF INFORMATION:

Sec. 158 (6) introduced by the Act states that as soon as any information regarding any accident involving death or bodily injury to any person is recorded or report is completed by a police officer, the officer in charge of the police station shall forward a copy of the same within thirty days from the date of recording of information or as the case may be, on completion of such report the Claims Tribunal having jurisdiction and can provide copy thereof to the concerned insurer.

Where a copy is made available to the owner, the owner shall also within thirty days of receipt of such report, forward the same to the claims Tribunal and his insurer.

Advocate Siddhant Sharma LawRato