Hello readers,
I wanted to share my recent experience with my comprehensive car insurance claim and how it unfolded. The incident happened while I was traveling with my family. A driving school car abruptly stopped in front of us, and I had to apply sudden brakes. However, a lorry coming from behind couldn't stop in time due to worn-out tyres and ended up hitting the back of our car.
Reporting The Incident
As the responsible driver, I reported the accident to the police and filed a General Diary (GD). I also documented the scene of the accident and gathered witnesses to support my claim. I informed my insurance company, ICICI Lombard (Policy No: 3001/290417455/00/000), about the incident and filed a claim.
The Claim Dispute
The repair estimate given by the service center was INR 55,274. However, my insurance company only approved INR 34,195 under the claim, which was due to the depreciated value of certain car parts. The remaining INR 21,079 was expected to be paid by me out-of-pocket.
Legal Action and Insurance Company's Role
I decided to dispute the claim amount by involving legal consultation. The legal experts advised me that the third party (the lorry driver or owner) should be responsible for the accident as per the Motor Vehicles Act, 1988.
As per the Act, the insurer of the vehicle at fault should compensate for the damages caused by their insured vehicle. However, ICICI Lombard informed me that it is not their responsibility to contact the third party or their insurance company, which is a common practice in India. I was advised to pursue the matter independently or through legal channels.
Contacting The Third Party
I contacted the lorry driver, informing him about his legal liability to pay for the damages or to inform his insurance company about the accident. He said he would discuss the matter with the lorry owner and get back to me.
Current Situation
Currently, my situation can be best described as a "subrogation claim dispute." Subrogation refers to the right of the insurance company to recover the money paid out in a claim from a third party that was actually at fault.
As of now, I have not received any response from the lorry driver or owner, and the service center is waiting for the remaining payment for the repair works. I have decided to escalate the matter by filing a formal written complaint to the police station, asking for assistance in recovering the remaining amount from the third party.
Stay tuned for the next update on how the situation evolves. Remember, understanding your rights and responsibilities is key in navigating such insurance claim disputes.
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