Car insurance denied reason being blacklisted driving licence

Hi there, One of my friend was driving my car and he had an accident. The car is non repairable. I approached insurance company to get the insurance but they denied it reason being my friend's driving licence was black listed once in Delhi in drink and drive case. In their policy papers they mentioned to have valid driving licence to claim it. So is there a possibility to get insurance by legal (court) way.

Answers (1)

242 votes

There have been a lot of precedents set by the Consumer Courts which have allowed insurance claims of drivers not having a valid driving licence. I myself have handled such a case and the law set is that if a claim cannot be rejected solely for the reason that the driver did not have a valid driving licence and the Insurance company has to pay 75% of the claim amount. But the process of proof is difficult and it all depends on the discretion of the judge presiding over.
However, it can be pursued after ascertaining the correct facts and analysing that no other loop hole is left in the policy claim.
In my opinion sending a legal notice to the insurance company in the correct manner might also pressurise them to give the claim and settle the matter outside the court.

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