How to claim insurance

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After an accident, when you want to claim for damages from a third party, you need to file a case in Motor Accidents Case Tribunal. This has to be done within 60 days of the accident, but courts are lenient and accept claims that come even a year or so later, say experts.


When filing the case, you will be asked for the copies of FIR and surveyor’s report (in case of damage to property) and proof of the expenses you are claiming.

KN Murali, Head — Motor Insurance, Royal Sundaram, says that the court will summon the owner/driver of the reported vehicle and also the insurance company.

The insurance company will then check if the driver had a valid licence, insurance policy, etc. before he decides to pay the claim. The support from an insurance company will however come to you here only if you are claiming for bodily injury or loss of life or damage to property.

If you are claiming for damage to your own vehicle on third party insurance despite having a comprehensive motor policy, your insurer will not help you out in the legal battle, he adds.

On the other hand, if you are one who has received the notice from the court stating that a third party has filed a claim against you, you have two options, says, Vijay Kumar, “The customer can either ask the insurance company to take care of the legal proceedings by itself or authorise the insurer to appoint a lawyer who will contest the case.”

But, here again, the insurance company will see if there has been no breach in the policy and only then will it proceed to appoint a lawyer..

Advocate Siddhant Sharma LawRato