Thank You sir.After seen your video on CTL/TL one Pvt Insurer has correct it's TL decision to repair after put pressure to provide assessment report and estimate details.
मुझे बहुत खुशी हुई कि आपको बीमा पालिसी अनुबंध व आपकी पसंद के अनुसार सही निर्णय की प्राप्ति हुई और मेरी भी इसमें हल्की सी सहयोगी की भूमिका रही। धन्यवाद।
@@kailashray2962 75% of idv से ज्यादा रिपेयर खर्च होने पर क्लेम constructive total loss claim होता है। यदि किसी वाजिव तरीके से रिपेयर खर्च 75% of idv से कम हो तो क्लेम partial loss claim होगा। आप रिपेयर खर्च को, नये पार्ट की जगह रिपेयर कराकर कम कर सकते है। यदि कार वाहन निर्माता डीलर वर्कशाप पर रिपेयर हो रही है तो उसकी जगह लोकर वर्कशाप पर रिपेयर कराकर रिपेयर खर्च कम कर सकते है। आप कुछ IInd hand parts / recondition parts का इस्तेमाल करके रिपेयर कम खर्च कर सकते है, आदि आदि।
यह आप बीमा कंपनी से पता कर सकते है। और यदि total loss basis पर क्लेम सैटल हो रहा तो कायदे से गाड़ी का रजिस्ट्रेशन कैंसिल होना चाहिए, इसके बाद गाड़ी का वजूद खत्म हो जाता है और सिर्फ साल्वेज रह जाती है। बीमा कंपनी यह साल्वेज वेल्यू को क्लेम क्षतिपूर्ति मे इस्तेमाल कर सकती है। बीमा कंपनी यह क्लेम मे जिस value पर साल्वेज को बेच रही हो, उस वेल्यू पर आप यह साल्वेज को बीमा कंपनी से ले सकते है।
Sir mare pass ek track 10month old h jiska accident ho Gaya mere pass int 23 policy h gadi ka reaping exp 27lakh 2nd time 27lakh 3 time 1500000 ka kharch aa raha h karpya mugje rasta baty
Sir 2 jaankari Leni hai 1 - meri accidental car 1.5 month se claim ke liye gai Hui hai vo ab tak clear nahi kar rahe hai ki total loss kar rahe hai ya repair kar rahe hai , kya karna chahiye 2 - 2nd hand car 1-2 years old li jaye to kya return to invoice liya ja sakta hai 2 nd owner ko mil jata hai ya nahi
1, इसके लिए आपको बीमा कंपनी के grievance officer को सही नियमों के सापेक्ष शिकायत दर्ज करनी चाहिए। 2, इसके लिए आप बीमा कंपनी से / बीमा ब्रोकर से / बीमा एजेंट से बात कर सकते है। अलग अलग add on coverage की भाषा व शर्ते, बीमा कंपनी स्वयं तैय करती है, इसीलिए आप इस सवाल के लिए विभिन्न बीमा कंपनी से बात करके जान सकते है। Protection of policy holders interest gazette notification 2017,- 15. CLAIM PROCEDURE IN RESPECT OF A GENERAL INSURANCE POLICY 1. An insured or the claimant shall give notice to the insurer of any loss arising under contract of insurance at the earliest or within such extended time as may be allowed by the insurer. On receipt of such a communication, a general insurer shall respond immediately and give clear information to the insured on the procedures that he should follow. In cases where a surveyor has to be appointed for assessing a loss/claim, it shall do so immediately, in any case within 72 hours of the receipt of intimation from the insured. Insurer shall communicate the details of the appointment of surveyor, """"including the role, duties and responsibilities of the surveyor to the insured by letter, email or any other electronic form immediately after the appointment of the surveyor"""". 2. The insurer / surveyor shall within """"7 days of the claim intimation, inform the insured / claimant of the essential documents and other requirements that the claimant should submit in support of the claim""""". Where documents are available in public domain or with a public authority, the surveyor/insurer shall obtain them. 3. The surveyor shall start the survey immediately unless there is a contingency that delays immediate survey, in any case within 48 hours of his appointment. Interim report of the physical details of the loss shall be recorded and uploaded/forwarded to the insurer within the shortest time but not later than 15 days from the date of first visit of the surveyor. """"A copy of the interim report shall be furnished by the insurer to the insured/claimant, if he so desires"""". 4. Where the insured is unable to furnish all the particulars required by the surveyor or where the surveyor does not receive the full cooperation of the insured, """" the insurer or the surveyor, as the case may be, shall inform in writing to the insured under information to the insurer about the consequent delay that may result in the assessment of the claim""" . """" It shall be the duty equally of the insurer and the surveyor to follow up with the insured for pending information/documents guiding the insured with regard to submissions to be made"""". """" The insurer and/or surveyor shall not call for any information/document that is not relevant for the claim""""". 5. (i) The surveyor shall, subject to sub-regulation 4 above, submit his final report to the insurer within 30 days of his appointment. """"A copy of the surveyor’s report shall be furnished by the insurer "to the insured/claimant", if he so desires"""". Notwithstanding anything mentioned herein, in case of claims made in respect of commercial and large risks the surveyor shall submit the final report to the insurer within 90 days of his appointment. However, such claims shall be settled by the insurer within 30 days of receipt of final survey report and/or the last relevant and necessary document as the case may be. (ii) Where special circumstances exist in respect of a claim either due to its special / complicated nature, or due to difficulties associated with replacement/reinstatement, the surveyor shall, seek an extension from insurer for submission of his report. """"In such an event, the insurer shall give the status to the insured/claimant fortnightly wherever warranted""". The insurer may make provisional/ on account payment based on the admitted claim liability. 6. If an insurer, on the receipt of a survey report, finds that it is incomplete in any respect, he shall require the surveyor, under intimation to the insured/claimant; to furnish an additional report on certain specific issues as may be required by the insurer. Such a request may be made by the insurer within 15 days of the receipt of the final survey report. Provided that the facility of calling for an additional report by the insurer shall not be resorted to more than once in the case of a claim. 7. The surveyor, on receipt of this communication, shall furnish an additional report within three weeks from the date of receipt of communication from the insurer. 8. On receipt of the final survey report or the additional survey report, as the case may be, and on receipt of all required information/documents that are relevant and necessary for the claim, an insurer shall, with in a period of 30 days offer a settlement of the claim to the insured/claimant. If the insurer, for any reasons to be recorded in writing and communicated to the insured/claimant, decides to reject a claim under the policy, it shall do so within a period of 30 days from the receipt of the final survey report and/or additional information/documents or the additional survey report, as the case may be. 9. """" In case, the amount admitted is less than the amount claimed, then the insurer shall inform the insured/claimant in writing about the basis of settlement in particular, where the claim is rejected, the insurer shall give the reasons for the same in writing drawing reference to the specific terms and conditions of the policy document""". 10. """In the event the claim is not settled within 30 days as stipulated above, the insurer shall be liable to pay interest at a rate, which is 2% above the bank rate from the date of receipt of last relevant and necessary document from the insured/claimant by insurer till the date of actual payment""". 19. GENERAL PRINCIPLES: 6. Any breach of the obligations cast on an insurer or distribution channels or surveyors in terms of these regulations may enable the Authority to initiate action against each or all of them, jointly or severally, under the Act and/or the Insurance Regulatory and Development Authority Act, 1999.
Namaskar sir Mari gaadi hai BMW uska accident ho gya hai tha last month mane vo gaadi mane 2hand lee thi 10lac ki uska insurance company usko total loss kr rhi hai or jitne ki gaadi mene lee thi utna amount dene ko kh rhe h but jab mane gaadi lee thi tb uski IDV 15lac thi or gaadi ka insurance ab march tk valid hai ab mai kya kr skta hu usme kyuki gaadi mai 35lac ka estimate banaya hai service centre ne authorise ab mujhe kya Karna chahie taki meri IDV kaa pura amount mujhe mil or insurance company manaa naa kr ske
सबसे पहले तो आपको बीमा कंपनी से इस विषय में प्रोपर शिकायत करनी चाहिए व IDV के अनुसार क्लेम settlement के लिए निवेदन करना चाहिए। यदि फिर भि बीमा कंपनी नहीं मानती है तो आप इस विषय की शिकायत बीमा लोकपाल में कर सकते है या उपयुक्त न्यालय में कर सकते है। Indian motor tariff 2002 के General Regulation 08 के अनुसार 05 वर्ष तक की age वाली कार का बीमा मे IDV को, उस नयी गाड़ी की बिक्री वेल्यू पर तैय depreciation apply करके निर्धारित किया जाता है। और 05 वर्ष से ज्यादा पुरानी कार व जो माडल बंद हो गये है, उन कार की की IDV को आपसी सहमति से तैय किया जाता है। यह IDV का बीमा कंपनी बीमा प्रीमियम लेती है। इसलिए constructive total loss/ total loss claim case में बीमा कंपनी की जिम्मेदारी IDV की होती है। बीमा पालिसी अनुबंध के अनुसार IDV की कवरेज होती है। यदि किसी को गाड़ी मुफ्त मे gift में मिली है या आधे पैसे में मिली है, तो भी इस गाड़ी का बीमा कराने मे IDV तैय करने का नियम Indian motor tariff 2002 के अंतर्गत General Regulation 08 के अनुसार ही होता है।
Hello Sir, dealer ne mujhe total loss car repair karwa kar dhoke se bech di, ab Mai use paise wapas dene ko Kah raha to wo sun hi nahi raha hai, kya legal action le sakta hu?
यदि आपके साथ धोखाधड़ी हुई है। बिना आपको सच्चाई बताये हुए गाड़ी बेची गयी है, जिस गाड़ी को पहले एक बीमा क्लेम के अंतर्गत constructive total loss / total loss घोषित किया गया हो और total loss basis पर settle किया गया हो। यह आपके साथ घोखेबाजी करने, बेईमानी करने का मामला है। आप गाड़ी के पिछ्ले मालिक, जिस बीमा कंपनी के अंतर्गत total loss claim सैटल हुआ है, यदि क्लेम मे बीमा कंपनी द्वारा नियुक्त सर्वेयर जिसने Salvage disposal के लिए सही recommendation नहीं की, इनके विरूद्ध उचित कानूनी धाराओ मे मुकदमा दर्ज कर सकते है।
example from Google -- Cheated by selling total loss vehicle In Criminal Law A guy cheated me by selling a total loss vehicle saying that it hasn't met with any accident, no insurance claim has been done. And he also provided the free service coupon that comes with the vehicle.But once after purchasing and going to the service center, we found that the vehicle is a totalled one. It was completely damaged and he got full amount settled by the insurance company. I don't know how this guy sold me. The RC is in the name of the original owner. What should I do now? Answers (2) 1. Dear client according_to this issue, you should lodge a police complaint , ignorance is not an excuse in law..,. police will file F I R and get back the money . I will help u . Pls contact me through lawrato. From any advocate. 2. Good morning As per your message it would not possible to sell total damage vehicle after getting insurance claimed amount from insurance company However the insurance company would ask to surrender vehicle and rc book before giving total damage claim to the vehicle owner If you are finding any mischief by the seller you can take legal action against the seller If you want further assistance please call me for consultation From any advocate.
As per IRDAI Circular- Circular Ref. No:IRDAI/NL/CIR/MOTOD/118/07/2019 Date:26-07-2019 Misuse of Total Loss Accident Vehicle Documents over Stolen Vehicles To, ALL GENERAL INSURERS (OTHER THAN STAND-ALONE HEALTH INSURERS AND SPECIALISED INSURERS) Re: - Misuse of Total Loss Accident Vehicle Documents over Stolen Vehicles It has come to the notice of Authority that in case of Total Loss (TL) of the vehicle, salvage of the vehicle is being sold to scrap dealers without cancelling Certificate of Registration (RC) of the vehicle. 2. It has been informed by the Law Enforcement Authorities that documents pertaining to such vehicles are being misused like giving new identity to the stolen vehicles by forging engine number and chassis number of destroyed vehicles under TL claims. 3. As per Section 55 of Motor Vehicle Act 1988, (1) If a motor vehicle has been destroyed or has been rendered permanently incapable of use, the owner shall, within fourteen days or as soon as may be, report the fact to the registering authority within whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward to the authority the certificate of registration of the vehicle. (2) The registering authority shall, if it is the original registering authority, cancel the registration and the certificate of registration, or, if it is not, shall forward the report and the certificate of registration to the original registering authority and that authority shall cancel the registration. 4. In view of the above, all insurers are advised to ensure cancellation of Certificate of Registration (RC) of the vehicle in case of total loss claim settlement. Yours faithfully, (Yegnapriya Bharath) Chief General Manager (NL) Insurance Regulatory and Development Authority of India. All Right Reserved.
Sir in my case it is totally opposite. Idv value of my car is 4 lakh. Expected repairing cost is estimated 5.20lakh. But still surveyor is asking to repair it. What should I do??? They still not considering it as total loss. I think they are planning to make me pay the excess. Pls help
I am sharing one decision-----Very Important & true decision for:- Constructive Total Loss & Aggregate cost of retrieval and /or repair of the vehicle A s per Indian Motor Tariff:- The insured vehicle will be treated as a CTL if the aggregate cost of retrieval and / or repair """of the vehicle"""", subject to terms and conditions of the policy, exceeds 75% of the IDV of the vehicle. Complaint No.IO(CHN) 11.07.1058 / 2010-11 Award no-IO(CHN)/G/27/2010-11 dated30thJuly2010 (Motor) MrB.S.Rajasekar vs Tata AIG Gen Ins Co Ltd ---------------------------------------------------------- The complainant had insured his car with the above insurance co for a sum insured of rs 2,71,107/-from 25.06.2009 to 24.06.2010 and the car was heavily damaged due to an accidental fire on 14.11.2009.The insurer has agreed to settle the claim on repair basis as assessed by the surveyor for rs1,26,836/ and while assessing the loss the surveyor has applied depreciation on various parts which require replacement.- The complainant had sought the claim to be settled on the basis of constructive Total loss since the aggregate cost of retrieval and /or repair of the vehicle before applying depreciation on various parts as mentioned in the survey report exceeds 75% of the IDV as per GR8 of the IMT.The insurer had mentioned that the surveyor has assessed the loss on repair basis for rs 1,26,836/- which is within 75%of the IDV and hence the claim could not be considered as a CTL as demanded by the insured. The insured had stated that he had already depreciated the cost of the vehicle to arrive at the IDV of Rs2,71,107/-and the insurer is again applying depreciation on parts for the purpose of deciding the eligibility for constructive total loss settlement. The insurer had argued that since the cost of repair or retrieval did not exceed 75% of IDV the claim could not be considered as constructive total loss.They are agreeable for settlement on repair basis.From the records it is observed that there is no dispute in fixing up the IDVfor the vehicle at the time of inception of the policy and only dispute is about the application of depreciation 39 on parts while determining whether the loss has to be assessed on total loss basis or not. The policy wording state as “The insured vehicle shall be treated as CTL if the aggregate cost of retrieval and /or repair of the vehicle subject to terms and conditions of the policy exceeds 75%of the IDV of the vehicle.”Nothing specific is mentioned about application of depreciation in case TL/CTL and merely mentions “subject to terms and conditions of the policy”This is very vague. Though the insurer has no contractual obligation to accept the insured’s desired mode of settlement ,judging from the severity of damages to the vehicle and also the fact that the cost of retrievel/repairof the vehicle as per estimate exceeds 75%of IDV,the insured is justified in seeking settlement on constructive total loss basis.Considering all the factors the decision of the insurer in considering the claim only on repair basis is not correct and hence they are directed to settle the claim on total loss basis subject to terms and conditions of the policy. The complaint is allowed. Regards, Ashok Kumar Singh Greater Noida, U.P..
Sir I am also facing the same kindly can you please help me out with this same problem, my car met with an accident in 5 July and an claim intimation was lodged in 18 July now the surveyor is saying me that can’t repair it and it will go on total loss
Sir meri gadi ka total loss declared kr diya tha baad me unhone realise Kiya ki usme mene ek add on kra rkha tha RTI ka phir baad me ab wo mujhe repair ke liye dawab bna rhe he sir please apna no.de dijiye me aapko contact kese kru I need help urgent
Sir, क्या ( Constructive Total Loss/NOS (Net of Salvage - With RC) mode of settlement. ) इसमे insurance company salvage/scrap का पैसा काटेगी या नही ( मेरी Ertiga VXI Cng 2020 model ) है और गाड़ी RETURN तो INVOICE पर है
Constructive total loss motor od insurance claim case से मतलब है कि मोटर OD बीमा क्लेम में बीमाकृत वाहन मे कुल नुकसान, अनुमानित रिपेयर खर्च के रूप में, गाड़ी की बीमा value ( Insured Declared Value) IDV के 75% से ज्यादा हो। इस प्रकार के क्लेम केस को constructive total loss claim माना जाता है, इस प्रकार के क्लेम को total loss basis पर सैटल किया जाता है। इस प्रकार के क्लेम केस मे IDV के अनुसार ( यदि add on coverage Return to invoice कः अनुसार ) क्लेम सैटलमैट व भुगतान किया जाता है। बीमा कंपनी बीमा धारक ग्राहक को यह प्रकार के क्लेम सैटलमैट मे ctl/tl क्लेम गाड़ी यानी कबाड़ गाड़ी की कबाड़ वेल्यू ( wreck value) को क्लेम भुगतान करने मे , क्षतिपूर्ति ( indemnification ) करने मे adjust कर सकती है। मतलब बीमा कंपनी यह गाड़ी को कबाड़ के रूप मे बेचकर, प्राप्त wreck value को claim indemnification मे इस्तेमाल कर सकती है। चूंकि यह गाड़ी रिपेयर कराना economic नहीं है इसलिए इसे constructive total loss claim मानकर total loss की तरह deal किया जाता है। भारतीय मोटर व्हीकल एक्ट के section 55 में, इस प्रकार के वाहन के Registration certificate को निरस्त करने के लिए लिखा हुआ है। भारतीय मोटर व्हीकल एक्ट के अनुसार एक दुर्घटनाग्रस्त गाड़ी की ownership को किसी दुसरे नाम पर transfer नहीं किया जा सकता है। इस process के लिए गाड़ी की proper fitness आवश्यक होती है। गाड़ी को RTO form 29-30 पर सभी क्रेता विक्रेता की जानकारी भरकर हस्ताक्षर के साथ बेचा जाता है, गाड़ी को blank RTO form 29-30 पर गाड़ी मालिक बीमा धारक ग्राहक के हस्ताक्षर के साथ बेचना गलत है। एक affidavit के आधार पर एक गाड़ी के रूप मे बेचना गलत है। एक कबाड़ गाड़ी को इस तरह तरीके से with RC के नाम पर बेचना गलत है। हमारे देश मे बहुत सी निजी क्षेत्र की साधारण बीमा कंपनी इस प्रकार के ctl/tl basis claim settlement में साल्वेज गाड़ी को मतलब घोषित कबाड़ गाड़ी को, घोषित constructive total loss, गाड़ी को एक गाड़ी के रूप मे गलत तरीके से बेचती है। इसमें सबसे ज्यादा आश्चर्य जनक यह है कि बीमा कंपनी इस प्रकार से साल्वेज को एक गाड़ी के रूप में बेचने को किसे बेचनी है, किस तरह तरीके से RC ownership transfer करके बेचनी है, वह स्वयं लिखकर नही देती है, उल्टा बीमा धारक ग्राहक से यह तरीके को लिखकर बीम कंपनी को देने के लिए कहती है। बीमा कंपनी स्वयं इसलिए ऐसा लिखकर नहीं देती क्योंकि यह तरीका illegal होता है।
Sir i had a total loss car insured with iffco tokio, buyer taken the car ang given me money but it's been more than a month surveyor submitted final report but company not given me full payment. They are delaying it by saying your file is moved forward and rarely receiving my calls. Please help
I also faced same problem. Maruti car company repair estimated cost was 450000. Then I shifted my car to a outside good workshop they repair my car 150000 with maruti geniune parts ( radiator, bumper, Bonet, right fender,both head light, air bag etc..)....
Protection of policy holders interest gazette notification 2017,- 15. CLAIM PROCEDURE IN RESPECT OF A GENERAL INSURANCE POLICY 1. An insured or the claimant shall give notice to the insurer of any loss arising under contract of insurance at the earliest or within such extended time as may be allowed by the insurer. On receipt of such a communication, a general insurer shall respond immediately and give clear information to the insured on the procedures that he should follow. In cases where a surveyor has to be appointed for assessing a loss/claim, it shall do so immediately, in any case within 72 hours of the receipt of intimation from the insured. Insurer shall communicate the details of the appointment of surveyor, """"including the role, duties and responsibilities of the surveyor to the insured by letter, email or any other electronic form immediately after the appointment of the surveyor"""". 2. The insurer / surveyor shall within """"7 days of the claim intimation, inform the insured / claimant of the essential documents and other requirements that the claimant should submit in support of the claim""""". Where documents are available in public domain or with a public authority, the surveyor/insurer shall obtain them. 3. The surveyor shall start the survey immediately unless there is a contingency that delays immediate survey, in any case within 48 hours of his appointment. Interim report of the physical details of the loss shall be recorded and uploaded/forwarded to the insurer within the shortest time but not later than 15 days from the date of first visit of the surveyor. """"A copy of the interim report shall be furnished by the insurer to the insured/claimant, if he so desires"""". 4. Where the insured is unable to furnish all the particulars required by the surveyor or where the surveyor does not receive the full cooperation of the insured, """" the insurer or the surveyor, as the case may be, shall inform in writing to the insured under information to the insurer about the consequent delay that may result in the assessment of the claim""" . """" It shall be the duty equally of the insurer and the surveyor to follow up with the insured for pending information/documents guiding the insured with regard to submissions to be made"""". """" The insurer and/or surveyor shall not call for any information/document that is not relevant for the claim""""". 5. (i) The surveyor shall, subject to sub-regulation 4 above, submit his final report to the insurer within 30 days of his appointment. """"A copy of the surveyor’s report shall be furnished by the insurer "to the insured/claimant", if he so desires"""". Notwithstanding anything mentioned herein, in case of claims made in respect of commercial and large risks the surveyor shall submit the final report to the insurer within 90 days of his appointment. However, such claims shall be settled by the insurer within 30 days of receipt of final survey report and/or the last relevant and necessary document as the case may be. (ii) Where special circumstances exist in respect of a claim either due to its special / complicated nature, or due to difficulties associated with replacement/reinstatement, the surveyor shall, seek an extension from insurer for submission of his report. """"In such an event, the insurer shall give the status to the insured/claimant fortnightly wherever warranted""". The insurer may make provisional/ on account payment based on the admitted claim liability. 6. If an insurer, on the receipt of a survey report, finds that it is incomplete in any respect, he shall require the surveyor, under intimation to the insured/claimant; to furnish an additional report on certain specific issues as may be required by the insurer. Such a request may be made by the insurer within 15 days of the receipt of the final survey report. Provided that the facility of calling for an additional report by the insurer shall not be resorted to more than once in the case of a claim. 7. The surveyor, on receipt of this communication, shall furnish an additional report within three weeks from the date of receipt of communication from the insurer. 8. On receipt of the final survey report or the additional survey report, as the case may be, and on receipt of all required information/documents that are relevant and necessary for the claim, an insurer shall, with in a period of 30 days offer a settlement of the claim to the insured/claimant. If the insurer, for any reasons to be recorded in writing and communicated to the insured/claimant, decides to reject a claim under the policy, it shall do so within a period of 30 days from the receipt of the final survey report and/or additional information/documents or the additional survey report, as the case may be. 9. """" In case, the amount admitted is less than the amount claimed, then the insurer shall inform the insured/claimant in writing about the basis of settlement in particular, where the claim is rejected, the insurer shall give the reasons for the same in writing drawing reference to the specific terms and conditions of the policy document""". 10. """In the event the claim is not settled within 30 days as stipulated above, the insurer shall be liable to pay interest at a rate, which is 2% above the bank rate from the date of receipt of last relevant and necessary document from the insured/claimant by insurer till the date of actual payment""". 19. GENERAL PRINCIPLES: 6. Any breach of the obligations cast on an insurer or distribution channels or surveyors in terms of these regulations may enable the Authority to initiate action against each or all of them, jointly or severally, under the Act and/or the Insurance Regulatory and Development Authority Act, 1999.
यदि गाड़ी दुर्घटनाग्रस्त होती है, तो निजी कार मोटर पैकेज बीमा पालिसी में near by workshop तक दुर्घटनाग्रस्त गाड़ी को रिपेयर कराने के लिए ले जाने के लिए या claim process के लिए ले उपयुक्त स्थान पर ले जाने के लिए, towing के लिए अधिकतम 1500 रूपये की कवरेज होती है। बीमा कंपनी Rs.15000 तक का क्लेम भुगतान कर सकती है।
@@motorinsuranceclaimspracti4142 ok sir गाड़ी को खाई से क्रैन में ऊपर निकालने का खर्च भी बीमा कंपनी ही देगी क्या मैंने raod साइड असिस्टेंस भी ले रखा है... मेरी गाड़ी 40 मीटर खाई मे गिर गयी थी तो कंपनी का एजेंट बोल रहा की क्रैन का खर्च आप ही करेंगे हम सिर्फ रोड से toing vhicle मे ले जायेंगे...
Sir my own four vehicle tour vehicle insurance claim rejected by insurance company because of fitness certificate expired muje yeh jana hey samne vale ney third party claim kiya hey to vo milega ki nahi sir please give me your valuable advice or third party vale case mey hamko lawyer rakhne ki jururt hey ki nai
Currently i am going through this situation,,my car idv is 225000,,,and cost is 192000 but cost is going above 75% insurance company is forcing me to total loss but i don't want to total loss the car pls guide me
Sir my car elite i20 2018 model has idv value is 394000 & my total estimated repair cost is 266000 but the dealer & the surveyor are forcing me for the total loss or they are asking me to be prepared for additional pay 10-15k & when i declined that my total repair cost is less than 75% of idv they are harassing me for investigation enquiry sir my isuarance is addon policy from iffcotokio please help sir🙏🏻
Sir meri car ka estimate 4 lakhs ka h aur IDV 4.48 lakhs h fir bhi repairing ka approval de diya h sir aur survey report k liye mana kar rahe h Sir muje kya karna chahiye please suggest sir
सबसे पहले लिखित मे बीमा कंपनी व irdai, dfs को इसके लिए शिकायत करनी चाहिए। सर्वे रिपोर्ट की कापी मांगनी चाहिए। intrim report copy मांगनी चाहिए। वर्क शाप वाले अक्सर वास्तविक नुकसान से काफी ज्यादा का रिपेयर ईस्टिमेट बनाकर देते है। इसलिए महत्वपूर्ण यह है कि वास्तविक अनुमानित रिपेयर खर्च कितना है। इसके लिए आप वर्कशाप से रिपेयर ईस्टिमेट की कापी लेकर, वर्कशाप प्रतिनिधि के साथ मिलकर वास्तविक लगभग अनुमानित रिपेयर खर्च की गणना कर सकते है। यदि यह 75% of IDV से ज्यादा है तो यह एक constructive total loss होना चाहिए। आपको यह सब बीमा कंपनी व संबंधित Authorities को इसके लिए शिकायत करनी चाहिए। यदि बीमा कंपनी तब भी नहीं मानती तो आपको बीमा लोकपाल आफिस मे online माध्यम से तैय तरीके से शिकायत करनी चाहिए।
@@motorinsuranceclaimspracti4142 sir mera total loss hua car ka aur wreck value nhi de rhi insursnce company bolri h court se sale order lekr aao jbki court m dispose order diya h ki total loss ki car dispose honi chaiye
Hello sir Sir meri bhi car ka claim hona tha but investigator ki report ke according company ne no claim kr dia gy h.surveyor ki taraf se letter bhi aaye hue he jisme divider or location mismatch hone ka reason dia hua he. Sir mje ab aage ky krna chiy claim approval ke liye.. Sir I'm also belong to gr.noida. Pls reply
आपको इसके लिए बीमा कंपनी से सबूत मांगने चाहिए। यदि बीमा कंपनी के पास इसके लिए solid सबूत है तब तो बीमा कंपनी मना कर सकती है, लेकिन यदि बीमा कंपनी सिर्फ अपनी एकतरफा सोच समझ के आधार पर ऐसा कह रही है तो यह गलत तरीका है। इसके लिए आपको सबसे पहले तो बीमा कंपनी मे शिकायत करनी चाहिए। बीमा कंपनी से एप्रूवड सर्वेयर की सर्वे रिपोर्ट की मांग करनी चाहिए। आपको बीमा कंपनी से यह क्लेम को no claim करने के लिए उनके जो कुछ भी आधार है, investigation report है उसको मांगना चाहिए। यदि फिर भी आपको सही न्याय नहीं मिलता फिर आपको बीमा लोकपाल आफिस मे तैय प्रकिया के द्वारा शिकायत दर्ज करनी चाहिए।
Protection of policy holders interest gazette notification 2017,- 15. CLAIM PROCEDURE IN RESPECT OF A GENERAL INSURANCE POLICY 1. An insured or the claimant shall give notice to the insurer of any loss arising under contract of insurance at the earliest or within such extended time as may be allowed by the insurer. On receipt of such a communication, a general insurer shall respond immediately and give clear information to the insured on the procedures that he should follow. In cases where a surveyor has to be appointed for assessing a loss/claim, it shall do so immediately, in any case within 72 hours of the receipt of intimation from the insured. Insurer shall communicate the details of the appointment of surveyor, """"including the role, duties and responsibilities of the surveyor to the insured by letter, email or any other electronic form immediately after the appointment of the surveyor"""". 2. The insurer / surveyor shall within """"7 days of the claim intimation, inform the insured / claimant of the essential documents and other requirements that the claimant should submit in support of the claim""""". Where documents are available in public domain or with a public authority, the surveyor/insurer shall obtain them. 3. The surveyor shall start the survey immediately unless there is a contingency that delays immediate survey, in any case within 48 hours of his appointment. Interim report of the physical details of the loss shall be recorded and uploaded/forwarded to the insurer within the shortest time but not later than 15 days from the date of first visit of the surveyor. """"A copy of the interim report shall be furnished by the insurer to the insured/claimant, if he so desires"""". 4. Where the insured is unable to furnish all the particulars required by the surveyor or where the surveyor does not receive the full cooperation of the insured, """" the insurer or the surveyor, as the case may be, shall inform in writing to the insured under information to the insurer about the consequent delay that may result in the assessment of the claim""" . """" It shall be the duty equally of the insurer and the surveyor to follow up with the insured for pending information/documents guiding the insured with regard to submissions to be made"""". """" The insurer and/or surveyor shall not call for any information/document that is not relevant for the claim""""". 5. (i) The surveyor shall, subject to sub-regulation 4 above, submit his final report to the insurer within 30 days of his appointment. """"A copy of the surveyor’s report shall be furnished by the insurer "to the insured/claimant", if he so desires"""". Notwithstanding anything mentioned herein, in case of claims made in respect of commercial and large risks the surveyor shall submit the final report to the insurer within 90 days of his appointment. However, such claims shall be settled by the insurer within 30 days of receipt of final survey report and/or the last relevant and necessary document as the case may be. (ii) Where special circumstances exist in respect of a claim either due to its special / complicated nature, or due to difficulties associated with replacement/reinstatement, the surveyor shall, seek an extension from insurer for submission of his report. """"In such an event, the insurer shall give the status to the insured/claimant fortnightly wherever warranted""". The insurer may make provisional/ on account payment based on the admitted claim liability. 6. If an insurer, on the receipt of a survey report, finds that it is incomplete in any respect, he shall require the surveyor, under intimation to the insured/claimant; to furnish an additional report on certain specific issues as may be required by the insurer. Such a request may be made by the insurer within 15 days of the receipt of the final survey report. Provided that the facility of calling for an additional report by the insurer shall not be resorted to more than once in the case of a claim. 7. The surveyor, on receipt of this communication, shall furnish an additional report within three weeks from the date of receipt of communication from the insurer. 8. On receipt of the final survey report or the additional survey report, as the case may be, and on receipt of all required information/documents that are relevant and necessary for the claim, an insurer shall, with in a period of 30 days offer a settlement of the claim to the insured/claimant. If the insurer, for any reasons to be recorded in writing and communicated to the insured/claimant, decides to reject a claim under the policy, it shall do so within a period of 30 days from the receipt of the final survey report and/or additional information/documents or the additional survey report, as the case may be. 9. """" In case, the amount admitted is less than the amount claimed, then the insurer shall inform the insured/claimant in writing about the basis of settlement in particular, where the claim is rejected, the insurer shall give the reasons for the same in writing drawing reference to the specific terms and conditions of the policy document""". 10. """In the event the claim is not settled within 30 days as stipulated above, the insurer shall be liable to pay interest at a rate, which is 2% above the bank rate from the date of receipt of last relevant and necessary document from the insured/claimant by insurer till the date of actual payment""". 19. GENERAL PRINCIPLES: 6. Any breach of the obligations cast on an insurer or distribution channels or surveyors in terms of these regulations may enable the Authority to initiate action against each or all of them, jointly or severally, under the Act and/or the Insurance Regulatory and Development Authority Act, 1999.
Samjh nahi aa raha hai sir kaha sikayat kare 4 month ho gaya total loss ka mony bhi nahi diye aur Kitana pass hua likhit me bhi nahi de rahe hai, 300000 denge bol bas rahe hai
@@amitlaskar8738 आप मुझसे मेरी ईमेल I'd ashok.1224@rediffmail.com पर अपनी WhatsApp details देकर संपर्क कर सकते है। मै आपको इस विषय मे कुछ और जानकारी साझा कर दूँगा। फिर आप अपने वाजिब बीमा क्लेम हक को बीमा कंपनी से सरलता से ले सकते है।
Sir hamara truck total los ho gia hae 2013 model idv 15lakh hae hamne gadi 1460000 me Lee the ab Bima comny bol rahe hae gade total loss hae gadhi ko aag lag gae the truck trailor dono ko astimate bana ha 42lakh ka new parts ka
Sir ..meri bike Total Loss ho gayi hai jo ki hum ne EMI pe liya tha abhi 12EMI Deni hai sir agar company Total Loss karti hai to Bache lone Amaunt ka kya hoga
बीमा अलग है और आपने जो बाइक के लिए कर्जा लिया है वह अलग बात है। इसलिए क्लेम का परिणाम चाहे कुछ भी हो, लेकिन कर्ज लौटाने की जिम्मेदारी तो कर्जदार की रहती ही है।
1, If the total repair cost of the vehicle in a motor insurance claim is more than 75% of the IDV then the claim is a constructive total loss. In a Constructive Total Loss/Total Loss claim, it is the responsibility of the insurance company to settle the claim as per the sum Insured (IDV). In settlement of a total loss claim, the insurance company has to pay the claim to the insured customer as per the sum insured (IDV). There is a compulsory excess clause deduction from every motor OD insurance claim, for a car up to 1000 cc in a private car package insurance policy, this compulsory excess clause deduction is Rs.1000.00. If the insurance policy has Return to Invoice add on coverage then the additional claim is added as per the language of the RTI add on coverage. The insurance company also uses the wreck value of the available scrap vehicle to pay the claim (indemnification the claim) to the insured customer. It is the responsibility of the insurance company to settle the claim. Generally in a total loss claim settlement, the insurance company sells the available scrap (salvage / wreckage) vehicle to the scrap buyer and passes on the wreck value of the vehicle received from the scrap buyer directly to the insured customer, and the insurance company itself pays the remaining claim amount (sum insured (IDV)- compulsory excess clause -wreck value) to the insured customer. The value received by selling the scrap (salvage/wreckage) vehicle as scrap (salvage/wreck) with RC cancellation is called the wreck value of the scrap (salvage/wreckage) vehicle. If you are selling a scrap (salvage/wreckage) car with RC transfer in the name of scrap (salvage/wreckage) then it will not be called selling a scrap (salvage/wreckage) but selling a car. There is a difference between selling scrap (salvage/wreckage) and selling a car. Disposal of vehicle scrap (salvage/wreckage) should be done as per section 55 of the Motor Vehicles Act. 2, The vehicle owner is responsible for the vehicle. Only the vehicle owner can apply for cancellation of RC in RTO. This RC cancellation has to be done according to Section 55 of the Motor Vehicles Act. 3, RC of the vehicle is a responsibility. The vehicle owner is responsible for RC. It is the responsibility of the insurance company to settle the claim. The insured customer should demand a detailed offer letter from the insurance company for settlement of the claim. It is the responsibility of the insurance company to give this offer letter to the insured customer. The insured customer should demand in writing from the insurance company the complete process of salvage disposal, as is being said orally by the insurance company officials.
इसके लिए हमें या तो स्वयं से या किसी योग्य व्यक्ति के सहयोग से क्षति को जानना समझना होगा , इसके बाद यदि हमे पता चलता है कि वर्कशाप वाला गलत repair estimate बता रहा है तो हम उसकी उचित जगह पर शिकायत कर सकते है, सुधार करवा सकते है।
नमस्कार सर, मेरा न्यू बाइक का सर्विसिंग के दौरान वर्कशॉप में शार्ट सर्किट से आग लग जाने से मेरा भी बाइक जल गया अब इंश्योरेंस कंपनी icici Lambert मुझे IDV का 65% ही दे रहा है मुझे क्या मिलना चाहिए
यदि total loss है तो IDV के अनुसार क्लेम सैटल होना चाहिए। यदि बीमा कंपनी कम क्लेम देने के लिए आपको लिखित में आफर दे रही है, तो आप इसके लिए उनसे बीमा पालिसी अनुबंध के अनुसार वजह पूछिये और इसके लिए शिकायत किजिये।
My four vehicle insurance total loss estimate 560000 or idv 314000 insurance claim rejected by insurance company because of fitness certificate expired mey agye own damage ke liye third party claim kar sakta hu ki nai or what amount idv Or total loss estimate amount
यदि आपकी गाड़ी की fitness validity नहीं है तो इसका अर्थ है कि आपकी गाड़ी का Registration certificate की validity नहीं है। यह Motor vehicle act के उल्लंघन का मामला है। लेकिन आपकी गाड़ी के बीमा क्लेम मे दुर्घटना में यह fitness validity का क्या योगदान है, यह बीमा क्लेम मे बहुत महत्वपूर्ण होगा। यहां पर fundamental breach का मामला महत्वपूर्ण होगा। यह सब own damage बीमा क्लेम के लिए ज्यादा महत्वपूर्ण होगा। यदि कोई 3rd party loss है, तो उसके बीमा क्लेम के लिए उस 3rd party के क्लेम के लिए , न्यायालय तैय करेगा कि 3rd party loss के लिए किसकी जिम्मेदारी होगी। वैसे ज्यादातर chance बीमा कंपनी की जिम्मेदारी होने के ही है।
Fact:- Fundamental breach- The Law of Insurance is based upon the contract of indemnity whereby the Insurer indemnifies the insured against the loss as per the terms and conditions stipulated in the contract and insurer cannot escape its liability unless there is a fundamental breach of contract resulting in repudiation of contract and not every breach. Even if the insurance company is able to prove that there is breach of concerning policy conditions, the insurer would not be allowed to avoid its liability towards insures unless the said breach is so fundamental as to be found to have contributed to the cause of the accident. AKS.G.N. 11/08/2020.
Meri ola cab driver lekar bhag gaya i have all documents including NO TRACE REPORT CLAIM REJECTED SHRI RAM GENERAL' INSURANCE COMPANY. KE CAB CHORI NAHI HUYI DRIVER LEKAR BHAGA HAI AAPKE SAATH DOKHADADI (BREACH OF TRUST) HUYEE HAI KYA CLAIM MILEGA
जी यदि बीमा पालिसी अनुबंध के अनुसार बाकी सब requirements सही है। तो यह बीमा क्लेम बिलकुल मिलना चाहिए। यह नुकसान बीमा पालिसी अनुबंध की peril - malicious act के तहत मिलना चाहिए। इसे दुर्भावना पूर्ण कृत्य भी कहते है।
Some part of a judgement-- The question whether criminal breach of trust is covered under the insurance policy, was also considered by the National Commission in United India Insurance Co. Ltd. vs. Ravi Kant Gopalka, IV (2007) CPJ 32 (NC) by a Bench of three Members. In the aforesaid case also contention of the insurance company was that the police had registered a case under Section 406 IPC and the act of taking away of the truck would not amount to theft. The National Commission rejected the contention and held that the said loss of car could also be construed to be covered by the general category of malicious act, a set of grounds used in the policy. The National Commission also held that the exclusion clause nowhere provides that an offence under Section 406 IPC is excluded.
Sir meri Tata Zest XM गाडी 18 डिसेंबर ko अचानक आग lag gayi, meri gaadi ka reliance general insurance hai , ab mujhe servayer OEM report, Gaadi ka Estimate lake do bol rahe hai, Ab company wale bol rahe estimate banane ka 5 % mang rahe hai,, total estimate ka, aur OEM report mujhe company se banake lao bole, OEM report mai kaise la du dealer dene ko mana kr raha h, ye report dena जरूरी hai kya sir, please bataye
आप इस क्लेम मामले मे बीमा कंपनी व बीमा कंपनी द्वारा नियुक्त सर्वेयर साहब से लिखित में email पर communication करना। बीमा कंपनी/ एप्रूवड सर्वेयर दोनो से आप लिख कर कहो कि इस क्लेम विषय में उन्हें जो कुछ भी आपसे चाहिए है, उसे आपसे लिखित में मांगे। यदि आपकी गाड़ी में रिपेयर करने के लिए कुछ बचा ही नहीं है, सब कुछ जल चुका है तो बीमा कंपनी से बता दो कि यह गाड़ी पुरी जल चुकी है, इसमें रिपेयर करने के लिए कुछ भी नहीं है। आप बीमा कंपनी को लिख सकते हो कि बीमा कंपनी स्वयं ही इस गाड़ी का रिपेयर estimate बनवा ले। आप बीमा कंपनी को लिख सकते हो कि यदि बीमा कंपनी को रिपेयर estimate की फिर भी जरूरत है तो वर्कशाप वाला इसके लिए 5% of repair estimate का चार्ज बता रहा है, जो कि बहुत ज्यादा है। यदि बीमा कंपनी इस estimate के लिए खर्च का भुगतान वहन करने को तैयार है तो यह repair estimate बनाया जा सकता है। अन्यथा आप इस रिपेयर ईस्टिमेट का खर्च वहन करने को तैयार नहीं है। वैसे भी यदि बीमा कंपनी ने इस क्लेम के लिए एक एप्रूवड सर्वेयर को नियुक्त किया होगा तो सर्वेयर रेगुलेशन 2015-20 के अनुसार एक एप्रूवड सर्वेयर की जिम्मेदारी loss estimation की भी होती है। दुसरा आप OEM report के लिए लिख रहे है। मुझे लगता है कि आपकी बीमा कंपनी यह गाड़ी जलने के विषय में Manufacturer company की report की मांग कर रही है। आप यह प्रकार की report लेने के लिए वाहन Manufacturer company व Dealer workshop को बीमा कंपनी/सर्वेयर को cc में रखकर ईमेल कर दो, फिर जो भी जबाब आता है वह बीमा कंपनी को बता दो। यदि वाहन निर्माता कंपनी/ Dealer workshop ने आपको यह प्रकार की रिपोर्ट देने के लिए मना कर दिया है तो वह बीमा कंपनी को ईमेल से बता दो। बहुत सी निजी क्षेत्र की साधारण बीमा कंपनी अक्सर क्लेम नुकसान आकलन व अनुशंसा करने के लिए एप्रूवड सर्वेयर को नियुक्त नहीं करती है। जबकि मोटर OD claim में इस प्रकार के 50 हजार से ज्यादा के claim नुकसान के लिए एक एप्रूवड सर्वेयर को नियुक्त करना compulsory रूप से आवश्यक होता है। इसलिए आप बीमा कंपनी से लिखित में एप्रूवड सर्वेयर का नाम व लाइसेंस नंबर की जानकारी माँगना। तब आपको पता चलेगा की बीमा कंपनी ने आपके क्लेम केस मे एक एप्रूवड सर्वेयर नियुक्त किया भी है या नहीं। कहीं ऐसा तो नहीं की बीमा कंपनी गलत तरीके से अपने कर्मचारी से यह गाड़ी का नुकसान आकलन करवा रही हो।
Protection of policy holders interest gazette notification 2017,- 15. CLAIM PROCEDURE IN RESPECT OF A GENERAL INSURANCE POLICY 1. An insured or the claimant shall give notice to the insurer of any loss arising under contract of insurance at the earliest or within such extended time as may be allowed by the insurer. On receipt of such a communication, a general insurer shall respond immediately and give clear information to the insured on the procedures that he should follow. In cases where a surveyor has to be appointed for assessing a loss/claim, it shall do so immediately, in any case within 72 hours of the receipt of intimation from the insured. Insurer shall communicate the details of the appointment of surveyor, """"including the role, duties and responsibilities of the surveyor to the insured by letter, email or any other electronic form immediately after the appointment of the surveyor"""". 2. The insurer / surveyor shall within """"7 days of the claim intimation, inform the insured / claimant of the essential documents and other requirements that the claimant should submit in support of the claim""""". Where documents are available in public domain or with a public authority, the surveyor/insurer shall obtain them. 3. The surveyor shall start the survey immediately unless there is a contingency that delays immediate survey, in any case within 48 hours of his appointment. Interim report of the physical details of the loss shall be recorded and uploaded/forwarded to the insurer within the shortest time but not later than 15 days from the date of first visit of the surveyor. """"A copy of the interim report shall be furnished by the insurer to the insured/claimant, if he so desires"""". 4. Where the insured is unable to furnish all the particulars required by the surveyor or where the surveyor does not receive the full cooperation of the insured, """" the insurer or the surveyor, as the case may be, shall inform in writing to the insured under information to the insurer about the consequent delay that may result in the assessment of the claim""" . """" It shall be the duty equally of the insurer and the surveyor to follow up with the insured for pending information/documents guiding the insured with regard to submissions to be made"""". """" The insurer and/or surveyor shall not call for any information/document that is not relevant for the claim""""". 5. (i) The surveyor shall, subject to sub-regulation 4 above, submit his final report to the insurer within 30 days of his appointment. """"A copy of the surveyor’s report shall be furnished by the insurer "to the insured/claimant", if he so desires"""". Notwithstanding anything mentioned herein, in case of claims made in respect of commercial and large risks the surveyor shall submit the final report to the insurer within 90 days of his appointment. However, such claims shall be settled by the insurer within 30 days of receipt of final survey report and/or the last relevant and necessary document as the case may be. (ii) Where special circumstances exist in respect of a claim either due to its special / complicated nature, or due to difficulties associated with replacement/reinstatement, the surveyor shall, seek an extension from insurer for submission of his report. """"In such an event, the insurer shall give the status to the insured/claimant fortnightly wherever warranted""". The insurer may make provisional/ on account payment based on the admitted claim liability. 6. If an insurer, on the receipt of a survey report, finds that it is incomplete in any respect, he shall require the surveyor, under intimation to the insured/claimant; to furnish an additional report on certain specific issues as may be required by the insurer. Such a request may be made by the insurer within 15 days of the receipt of the final survey report. Provided that the facility of calling for an additional report by the insurer shall not be resorted to more than once in the case of a claim. 7. The surveyor, on receipt of this communication, shall furnish an additional report within three weeks from the date of receipt of communication from the insurer. 8. On receipt of the final survey report or the additional survey report, as the case may be, and on receipt of all required information/documents that are relevant and necessary for the claim, an insurer shall, with in a period of 30 days offer a settlement of the claim to the insured/claimant. If the insurer, for any reasons to be recorded in writing and communicated to the insured/claimant, decides to reject a claim under the policy, it shall do so within a period of 30 days from the receipt of the final survey report and/or additional information/documents or the additional survey report, as the case may be. 9. """" In case, the amount admitted is less than the amount claimed, then the insurer shall inform the insured/claimant in writing about the basis of settlement in particular, where the claim is rejected, the insurer shall give the reasons for the same in writing drawing reference to the specific terms and conditions of the policy document""". 10. """In the event the claim is not settled within 30 days as stipulated above, the insurer shall be liable to pay interest at a rate, which is 2% above the bank rate from the date of receipt of last relevant and necessary document from the insured/claimant by insurer till the date of actual payment""". 19. GENERAL PRINCIPLES: 6. Any breach of the obligations cast on an insurer or distribution channels or surveyors in terms of these regulations may enable the Authority to initiate action against each or all of them, jointly or severally, under the Act and/or the Insurance Regulatory and Development Authority Act, 1999.
Hi Ashok Ji.. I watched ur video regarding vehicle total less. Unfortunately my car got an accident and surveyor said that its a total loss. Now oriental insurance company is denying to give me the IDV claim. As per surveyor my previous policy IDV was less then the current one. I use to buy policy from policy bazaar so my previous policy made from New assurance company wherein the IDV was 572000/- and the current policy was taken from oriental insurance wherein the IDV is 686000/- now the surveyor is saying that the IDV value is higher then claim value and the previous policy value as well so he can't approve the claim. Now i don't know what to do and how to get claim? Your guidance would be highly appreciated sir.
Protection of policy holders interest gazette notification 2017,- 15. CLAIM PROCEDURE IN RESPECT OF A GENERAL INSURANCE POLICY 1. An insured or the claimant shall give notice to the insurer of any loss arising under contract of insurance at the earliest or within such extended time as may be allowed by the insurer. On receipt of such a communication, a general insurer shall respond immediately and give clear information to the insured on the procedures that he should follow. In cases where a surveyor has to be appointed for assessing a loss/claim, it shall do so immediately, in any case within 72 hours of the receipt of intimation from the insured. Insurer shall communicate the details of the appointment of surveyor, """"including the role, duties and responsibilities of the surveyor to the insured by letter, email or any other electronic form immediately after the appointment of the surveyor"""". 2. The insurer / surveyor shall within """"7 days of the claim intimation, inform the insured / claimant of the essential documents and other requirements that the claimant should submit in support of the claim""""". Where documents are available in public domain or with a public authority, the surveyor/insurer shall obtain them. 3. The surveyor shall start the survey immediately unless there is a contingency that delays immediate survey, in any case within 48 hours of his appointment. Interim report of the physical details of the loss shall be recorded and uploaded/forwarded to the insurer within the shortest time but not later than 15 days from the date of first visit of the surveyor. """"A copy of the interim report shall be furnished by the insurer to the insured/claimant, if he so desires"""". 4. Where the insured is unable to furnish all the particulars required by the surveyor or where the surveyor does not receive the full cooperation of the insured, """" the insurer or the surveyor, as the case may be, shall inform in writing to the insured under information to the insurer about the consequent delay that may result in the assessment of the claim""" . """" It shall be the duty equally of the insurer and the surveyor to follow up with the insured for pending information/documents guiding the insured with regard to submissions to be made"""". """" The insurer and/or surveyor shall not call for any information/document that is not relevant for the claim""""". 5. (i) The surveyor shall, subject to sub-regulation 4 above, submit his final report to the insurer within 30 days of his appointment. """"A copy of the surveyor’s report shall be furnished by the insurer "to the insured/claimant", if he so desires"""". Notwithstanding anything mentioned herein, in case of claims made in respect of commercial and large risks the surveyor shall submit the final report to the insurer within 90 days of his appointment. However, such claims shall be settled by the insurer within 30 days of receipt of final survey report and/or the last relevant and necessary document as the case may be. (ii) Where special circumstances exist in respect of a claim either due to its special / complicated nature, or due to difficulties associated with replacement/reinstatement, the surveyor shall, seek an extension from insurer for submission of his report. """"In such an event, the insurer shall give the status to the insured/claimant fortnightly wherever warranted""". The insurer may make provisional/ on account payment based on the admitted claim liability. 6. If an insurer, on the receipt of a survey report, finds that it is incomplete in any respect, he shall require the surveyor, under intimation to the insured/claimant; to furnish an additional report on certain specific issues as may be required by the insurer. Such a request may be made by the insurer within 15 days of the receipt of the final survey report. Provided that the facility of calling for an additional report by the insurer shall not be resorted to more than once in the case of a claim. 7. The surveyor, on receipt of this communication, shall furnish an additional report within three weeks from the date of receipt of communication from the insurer. 8. On receipt of the final survey report or the additional survey report, as the case may be, and on receipt of all required information/documents that are relevant and necessary for the claim, an insurer shall, with in a period of 30 days offer a settlement of the claim to the insured/claimant. If the insurer, for any reasons to be recorded in writing and communicated to the insured/claimant, decides to reject a claim under the policy, it shall do so within a period of 30 days from the receipt of the final survey report and/or additional information/documents or the additional survey report, as the case may be. 9. """" In case, the amount admitted is less than the amount claimed, then the insurer shall inform the insured/claimant in writing about the basis of settlement in particular, where the claim is rejected, the insurer shall give the reasons for the same in writing drawing reference to the specific terms and conditions of the policy document""". 10. """In the event the claim is not settled within 30 days as stipulated above, the insurer shall be liable to pay interest at a rate, which is 2% above the bank rate from the date of receipt of last relevant and necessary document from the insured/claimant by insurer till the date of actual payment""". 19. GENERAL PRINCIPLES: 6. Any breach of the obligations cast on an insurer or distribution channels or surveyors in terms of these regulations may enable the Authority to initiate action against each or all of them, jointly or severally, under the Act and/or the Insurance Regulatory and Development Authority Act, 1999.
Indian motor tariff 2002- GR.8. Insured‟s Declared Value (IDV)- The Insured‟s Declared Value (IDV) of the vehicle will be deemed to be the „SUM INSURED‟ for the purpose of this tariff and it will be fixed at the commencement of each policy period for each insured vehicle. """"" The IDV of the vehicle is to be fixed on the basis of manufacturer‟s listed selling price of the brand and model as the vehicle proposed for insurance at the commencement of insurance /renewal and adjusted for depreciation (as per schedule specified below)"""". The IDV of the side car(s) and / or accessories, if any, fitted to the vehicle but not included in the manufacturer‟s listed selling price of the vehicle is also likewise to be fixed. The schedule of age-wise depreciation as shown below is applicable for the purpose of Total Loss/ Constructive Total Loss (TL/ CTL) claims only. A vehicle will be considered to be a CTL, where the aggregate cost of retrieval and / or repair of the vehicle subject to terms and conditions of the policy exceeds 75% of the IDV. The depreciation for replacement of parts in partial loss claims will be as per a separate schedule specified under GR.9. SCHEDULE OF DEPRECIATION FOR ARRIVING AT IDV AGE OF THE VEHICLE % OF DEPRECIATION FOR FIXING IDV Not exceeding 6 months 5% Exceeding 6 months but not exceeding 1 year 15% Exceeding 1 year but not exceeding 2 years 20% Exceeding 2 years but not exceeding 3 years 30% Exceeding 3 years but not exceeding 4 years 40% Exceeding 4 years but not exceeding 5 years 50% NOTE: """" IDV of vehicles beyond 5 years of age and of obsolete models of the vehicles ( i.e. models which the manufacturers have discontinued to manufacture) is to be determined on the basis of an understanding between the insurer and the insured""""". """" For the purpose of TL/CTL claim settlement, this IDV will not change during the currency of the policy period in question""". It is clearly understood that the liability of the insurer shall in no case exceed the IDV as specified in the policy schedule less the value of the wreck, in „as is where is‟ condition.
As per Surveyor Regulations 2015-20. CHAPTER IV DUTIES AND RESPONSIBILITIES OF A SURVEYOR AND LOSS ASSESSOR 13. It shall be the duty of every Licensed Surveyor and Loss Assessor to investigate, manage, quantify, validate and deal with losses (whether insured or not) arising from any contingency, and report thereon to the insurer or insured, as the case may be., All Licensed Surveyors and Loss Assessors shall carry out the said work with competence, objectivity and professional integrity and strictly adhere to the code of conduct as stipulated in these Regulations. (1) The following, shall, inter alia, be the duties and responsibilities of a Surveyor and Loss Assessor:- (i) Reg 20-(i) """ Commenting on the admissibility of the claim and assessing the liability of the insurer as per the policy terms and conditions"". (m) satisfying queries of the insured/insurer and of persons connected thereto in respect of the claim/loss; (2) A surveyor or loss assessor whether appointed by insurer or insured, shall submit his report to the insurer as expeditiously as possible, but not later than 30 days of his appointment, """"with a copy of the report to the insured"""" giving his comments on the insured’s consent or otherwise on the assessment of loss. Where, in special circumstances of the case, either due to its special and complicated nature, the surveyor shall under intimation to the insured, seek an extension, in any case not exceeding six months from the insurer for submission of his report.
Protection of policy holders interest gazette notification 2017,- 15. CLAIM PROCEDURE IN RESPECT OF A GENERAL INSURANCE POLICY 1. An insured or the claimant shall give notice to the insurer of any loss arising under contract of insurance at the earliest or within such extended time as may be allowed by the insurer. On receipt of such a communication, a general insurer shall respond immediately and give clear information to the insured on the procedures that he should follow. In cases where a surveyor has to be appointed for assessing a loss/claim, it shall do so immediately, in any case within 72 hours of the receipt of intimation from the insured. Insurer shall communicate the details of the appointment of surveyor, """"including the role, duties and responsibilities of the surveyor to the insured by letter, email or any other electronic form immediately after the appointment of the surveyor"""". 2. The insurer / surveyor shall within """"7 days of the claim intimation, inform the insured / claimant of the essential documents and other requirements that the claimant should submit in support of the claim""""". Where documents are available in public domain or with a public authority, the surveyor/insurer shall obtain them. 3. The surveyor shall start the survey immediately unless there is a contingency that delays immediate survey, in any case within 48 hours of his appointment. Interim report of the physical details of the loss shall be recorded and uploaded/forwarded to the insurer within the shortest time but not later than 15 days from the date of first visit of the surveyor. """"A copy of the interim report shall be furnished by the insurer to the insured/claimant, if he so desires"""". 4. Where the insured is unable to furnish all the particulars required by the surveyor or where the surveyor does not receive the full cooperation of the insured, """" the insurer or the surveyor, as the case may be, shall inform in writing to the insured under information to the insurer about the consequent delay that may result in the assessment of the claim""" . """" It shall be the duty equally of the insurer and the surveyor to follow up with the insured for pending information/documents guiding the insured with regard to submissions to be made"""". """" The insurer and/or surveyor shall not call for any information/document that is not relevant for the claim""""". 5. (i) The surveyor shall, subject to sub-regulation 4 above, submit his final report to the insurer within 30 days of his appointment. """"A copy of the surveyor’s report shall be furnished by the insurer "to the insured/claimant", if he so desires"""". Notwithstanding anything mentioned herein, in case of claims made in respect of commercial and large risks the surveyor shall submit the final report to the insurer within 90 days of his appointment. However, such claims shall be settled by the insurer within 30 days of receipt of final survey report and/or the last relevant and necessary document as the case may be. (ii) Where special circumstances exist in respect of a claim either due to its special / complicated nature, or due to difficulties associated with replacement/reinstatement, the surveyor shall, seek an extension from insurer for submission of his report. """"In such an event, the insurer shall give the status to the insured/claimant fortnightly wherever warranted""". The insurer may make provisional/ on account payment based on the admitted claim liability. 6. If an insurer, on the receipt of a survey report, finds that it is incomplete in any respect, he shall require the surveyor, under intimation to the insured/claimant; to furnish an additional report on certain specific issues as may be required by the insurer. Such a request may be made by the insurer within 15 days of the receipt of the final survey report. Provided that the facility of calling for an additional report by the insurer shall not be resorted to more than once in the case of a claim. 7. The surveyor, on receipt of this communication, shall furnish an additional report within three weeks from the date of receipt of communication from the insurer. 8. On receipt of the final survey report or the additional survey report, as the case may be, and on receipt of all required information/documents that are relevant and necessary for the claim, an insurer shall, with in a period of 30 days offer a settlement of the claim to the insured/claimant. If the insurer, for any reasons to be recorded in writing and communicated to the insured/claimant, decides to reject a claim under the policy, it shall do so within a period of 30 days from the receipt of the final survey report and/or additional information/documents or the additional survey report, as the case may be. 9. """" In case, the amount admitted is less than the amount claimed, then the insurer shall inform the insured/claimant in writing about the basis of settlement in particular, where the claim is rejected, the insurer shall give the reasons for the same in writing drawing reference to the specific terms and conditions of the policy document""". 10. """In the event the claim is not settled within 30 days as stipulated above, the insurer shall be liable to pay interest at a rate, which is 2% above the bank rate from the date of receipt of last relevant and necessary document from the insured/claimant by insurer till the date of actual payment""". 19. GENERAL PRINCIPLES: 6. Any breach of the obligations cast on an insurer or distribution channels or surveyors in terms of these regulations may enable the Authority to initiate action against each or all of them, jointly or severally, under the Act and/or the Insurance Regulatory and Development Authority Act, 1999.
Sir surveyor se bat karke pta chala hai k unhone suspect case me investigation k liye claim refer kar dia hai. Jabki mene car k sath apni photo , video, story sab provide kia tha fir bhi further investigation k liye dal dia hai. Estimate 1.5 lakhs ka lagaya hai. Aur loaner car ki request ko hold kar di hai aur bola hai ki jab tak claim approval nhi aa jata final investigation k baad tab tak as per policy loaner car bhi provide nhi karenge. Bahot pareshaan kar dia hai. Mene surveyors ki report Maruti se mangi but abhi tak nhi report share kari
AAP EMAIL KRO SURVEYOR KO AUR CC PE INSURER CUSTOMERCARE KA EMAIL DALO AUR PUCHO KI JAB MERA CASE PE HAR PROOF WITH PHOTO VIDEO AVAILABLE HAI TOH ACC. TO MOTOR VEHICLE ACT MUJHE BEYOND DOUBT PROOF KARNE KI JARURAT NI H TO KAHE KI FURTHER INVESTIGATION
how to ask for compensation of days they have taken after 30 grace period and how to make the employee apologize for rough behavior sir please make video in this
Sir mujhe bhi bahot jyada pareshaan kar dia hai. Meri car palat gayi kheto me.Har roz kehte hai k Aaj survey ho gya hai kal approval aa jayega lagatar 4 din se same bat bol rahe k Aaj survey ho gya ha. Mene kal email kar di GM ko to aaj wats app group par likh dia k ab insurance k investigation me jayegi
सर, नमस्कार । मेरी भी यही प्रोब्लम है। मोटर साइकिल की I.D.V. पॉलिसी के अनुसार 37,405/= है। बाइक रिपेयर का खर्च वर्कशॉप के एस्टीमेट के अनुसार 44,000/= का है। सर्वेयर मुझे कह रहा है की ये गाड़ी रिपेयर के लायक है और रिपेयर ही होगी। में कहता हूं कि रिपेयर कोस्ट आईडीवी से ज्यादा है इसलिए इसे टोटल लोस करो। ये पॉलिसी आईसीआईसीआई LOMBARD की है । मैने वहा भी शिकायत की। उनकी भी यही भाषा है। आप सर कृपया ये बताए कि ये किस नियम के तहत टोटल लोस का मामला है । बस नियम बता दे तो आपकी मेहरबानी होगी सर। लड़ाई में लड़ लूंगा सा। धन्यवाद सर।
बीमा पालिसी अनुबंध/ Indian motor tariff 2002 के अंतर्गत General Regulation 08, मे लिखा है कि यदि वाहन का रिपेयरिंग खर्च IDV के 75% से अधिक है तो वाहन constructive total loss होगा। लेकिन अक्सर बहुत से लोग वाहन के इस रिपेयर खर्च की जगह इसको partial loss basis क्लेम मानकर बीमा कंपनी की Net liability के आधार पर constructive total loss का निर्धारण करते है।
I am sharing one decision-----Very Important & true decision for:- Constructive Total Loss & Aggregate cost of retrieval and /or repair of the vehicle A s per Indian Motor Tariff:- The insured vehicle will be treated as a CTL if the aggregate cost of retrieval and / or repair ""of the vehicle"", subject to terms and conditions of the policy, exceeds 75% of the IDV of the vehicle. Complaint No.IO(CHN) 11.07.1058 / 2010-11 Award no-IO(CHN)/G/27/2010-11 dated30thJuly2010 (Motor) MrB.S.Rajasekar vs Tata AIG Gen Ins Co Ltd ---------------------------------------------------------- The complainant had insured his car with the above insurance co for a sum insured of rs 2,71,107/-from 25.06.2009 to 24.06.2010 and the car was heavily damaged due to an accidental fire on 14.11.2009.The insurer has agreed to settle the claim on repair basis as assessed by the surveyor for rs1,26,836/ and while assessing the loss the surveyor has applied depreciation on various parts which require replacement.- The complainant had sought the claim to be settled on the basis of constructive Total loss since the aggregate cost of retrieval and /or repair of the vehicle before applying depreciation on various parts as mentioned in the survey report exceeds 75% of the IDV as per GR8 of the IMT.The insurer had mentioned that the surveyor has assessed the loss on repair basis for rs 1,26,836/- which is within 75%of the IDV and hence the claim could not be considered as a CTL as demanded by the insured. The insured had stated that he had already depreciated the cost of the vehicle to arrive at the IDV of Rs2,71,107/-and the insurer is again applying depreciation on parts for the purpose of deciding the eligibility for constructive total loss settlement. The insurer had argued that since the cost of repair or retrieval did not exceed 75% of IDV the claim could not be considered as constructive total loss.They are agreeable for settlement on repair basis.From the records it is observed that there is no dispute in fixing up the IDVfor the vehicle at the time of inception of the policy and only dispute is about the application of depreciation 39 on parts while determining whether the loss has to be assessed on total loss basis or not. The policy wording state as “The insured vehicle shall be treated as CTL if the aggregate cost of retrieval and /or repair of the vehicle subject to terms and conditions of the policy exceeds 75%of the IDV of the vehicle.”Nothing specific is mentioned about application of depreciation in case TL/CTL and merely mentions “subject to terms and conditions of the policy”This is very vague. Though the insurer has no contractual obligation to accept the insured’s desired mode of settlement ,judging from the severity of damages to the vehicle and also the fact that the cost of retrievel/repairof the vehicle as per estimate exceeds 75%of IDV,the insured is justified in seeking settlement on constructive total loss basis.Considering all the factors the decision of the insurer in considering the claim only on repair basis is not correct and hence they are directed to settle the claim on total loss basis subject to terms and conditions of the policy. The complaint is allowed.
Case No. GI/297/ICICI Lombard/10 In the matter of Capt. Jagpreet Singh Vs ICICI Lombard General Insurance Company Limited, AWARD dated 02.12.2010 - Non-settlement of motor claim 1. This is a complaint filed by Capt. Jagpreet Singh (herein after referred to as the complainant) against the ICICI Lombard General Insurance Company Limited (herein after referred to as respondent insurance company) in respect of nonsettlement of motor claim. 2. The complainant stated that he had followed many channels from last five months and written letters to almost every Department, however, he was left with no choice but to write to this office to get his complaint redressed. He submitted that he was driving his Hyundai i10 No. DL-4CAV3556 and met with an accident on 12.03.2010 at Jalandhar Highway and was admitted in Military hospital, Jalandhar. On 15.03.2010, his parents approached the Branch Office of the insurance company at Jalandhar and told the Branch Manager to take action. However, no action was taken by them; instead his parents arranged for towing of vehicle and brought it to Goyal Automotive Ltd. Jalandhar on 24.03.2010 along with FIR report and other necessary documents required for the claim. The customer service manager of the insurance company along with the representative of the Goyal Hyundai surveyed the vehicle and dismantled the vehicle without his permission and without informing his parents. He submitted that estimate was made and first estimate was different from the subsequent estimate. The vehicle was declared as total loss. The claim settlement form was sent to him in the hospital and the same was signed by him. He was informed in the hospital itself that vehicle is a total loss and the company was informed of this fact. a. However, when he had taken leave and came to show room on 10.05.2010, the representative of the company started explaining and giving excuses that his vehicle was under repair. He had seen the vehicle which was without engine, roof-top and both right and left side doors. He enquired about the estimate sheet from the representative of the insurance company, he was informed that the same was sent to the head office and the same cannot be shown to him. He submitted further that he sent complaints to headquarters Delhi and Mumbai and sent them grievance 68 times still the insurance company was showing unfettered and delusory attitude and his parents were misled and harassed by the employees of the company. After 5 months also, nothing has been done for his vehicle and he was also incurring substantial daily losses due to the delay and his parents were also facing difficulties to go every time from Delhi to Jalandhar. He is an army officer and is doing duty at difficult locations. It is very difficult for him to come to Delhi frequently. He requested that his claim be got settled at an early date. He stated during the course of hearing that the accident was so serious that he was badly injured and the vehicle was damaged to the extent that it was a fit case to declare the total loss case. He submitted and admitted that he was not in a position to sign and consent for repairing the vehicle was taken from his mother. As a matter of fact, his parents were not well versed. He wanted to convey that consent was taken in a fraudulent manner on 16.04.2010 getting the vehicle repaired. He also submitted that the company had stated wrongly that the vehicle was repaired and ready for delivery since 30.04.2010 vide letter dated 22.07.2010. He was also informed vide letter dated 15.07.2010 that the company is making the payment of Rs.1,49,711/- directly to the workshop and the balance amount is to be paid to the garage while taking delivery of the vehicle. 3. The insurance company had given written reply dated 26.10.2010 wherein it has been submitted that the complainant had taken the motor insurance policy No.3001/57252193/00/000. The insured vehicle met with an accident on 14.03.2010. Subsequently claim was filed with the company. The vehicle of the complainant has already been repaired after receiving the consent from the complainant’s end and a payment is already made to the garage as per the survey report. It has been mentioned in the reply that since claim has been settled, the company is absolved of its liability. 4. I have very carefully considered the submissions of the complainant and have also perused the reply of the company as placed on record. After due consideration of the matter, I hold that due to accident, the insured vehicle was damaged to the extent that it ought to have been a case of total loss. Policy holder was given the impression by the officials of the company while he was in the hospital that it was a case of total loss and the office of the company was informed accordingly. It is not understood as to why the original estimate was not handed over to the policy holder maybe due to the fact that the original estimate was much more than the subsequent estimate and may be the original estimate was so much that it could have easily be made a case of total loss. I find that the consent for so called repair was taken on 16.04.2010 where the company wrote a letter dated 22.07.2010 to the policy holder that his vehicle was ready after repair for delivery since 30.04.2010. It is not possible to repair a damaged vehicle to the extent it was in this case to repair it within a fortnight. Moreover when the policy holder visited the site on 10.05.2010, the vehicle was under repair and its different parts were lying separate such as engine, body cell etc. If the vehicle was not repaired till 10.05.2010 then why the company wrote on 27.07.2010 informing the complainant that its vehicle was ready for delivery on 30.04.2010. It is also not understood the reasons for not submitting the original estimate to the policy holder and if original estimate was made prepared then why the subsequent estimate got prepared? It was prepared deliberately so that it could be a repairable case. The vehicle was owned by an army man. Having due regards to the circumstances of the case, in my view, it appears to be a fit case where the compensation is to be awarded on the basis of total loss case. """" The company had deliberately made it a case of repair case whereas it was a fit case of total loss case""""". Accordingly, Award is passed with the direction to the insurance company to make the payment of IDV of the vehicle to the policy holder amounting to Rs.3,44,242/- less policy excess clause of Rs.500/- while keeping the repaired vehicle with it. 5. The Award shall be implemented within 30 days of receipt of the same. The compliance of the Award shall be intimated to my office for information and record. 6. Copies of the Award to both the parties.
Case No. GI/30/ICICI Lombard/10 In the matter of Shri Amit Luthra Vs ICICI Lombard General Insurance Company Limited AWARD dated 03.12.2010 - Repudiation of motor claim 1. This is a complaint filed by Shri Amit Luthra (herein after referred to as the complainant) against the ICICI Lombard General Insurance Company Limited (herein after referred to as respondent insurance company) in respect of repudiation of motor claim. 2. The complainant stated that his vehicle Chevrolet Spark car No.DL 2C AJ-1766 met with an accident on 31.05.2009 with Innova having registration No.RJ-14 TA-1599 from front side due to rash and negligent driving of the said vehicle driven by Surender Mohan Shukla. His vehicle was being driven by Shri Shyam Sunder who was having valid license. Occupants of the vehicle were seriously injured when the car met with an accident. The insurance company was immediately intimated about the accident and motor claim form was filed No.P18240577 claiming the indemnification in the respect of the total loss sustained by the insured vehicle. The accidental vehicle was towed by Aditya Breakdown Services to the Triumph Motors from the accident site of which the charges have been paid which amounted to Rs.3198/-. The vehicle has been sent to Triumph Motors, authorized dealer of Chevrolet Spark for assessing the loss sustained in the accident. The said repairer after scrutinizing the damages prepared the estimate at Rs.2,58,201/- which is more than 75% of the Insured Declared Value of the vehicle amounting to Rs.3,13,200/-. As per the estimate of the repairer, it was informed by the insured company that it will settle the claim as total loss basis because the vehicle has been damaged more than 75% of the IDV. It was further stated that the company had discussed, calculated and assessed the loss and it came to the conclusion that the vehicle sustained damages to the extent that it would be a as total loss and there was no need to get the vehicle repaired as it is the case of total loss and the insurance company will pay the insured declared value and retain the salvage. He had visited several times to the office of the insurance company for issuance of survey report and the payment of the claim because the complainant was suffering from severe financial loss and problem of transportation for the last so many months. But despite several attempts made by him, """" the company had not settled the claim nor had given the copy of the survey report""""". Whenever he approached the company, he was told that the claim is under consideration and amount of the claim would be paid. It has been stated by him that the vehicle has been damaged to that extent that it would be only a case of total loss and company ought to have settled the claim only on that basis. But the fact remains that the claim has not been settled so far. He requested this forum to direct the insurance company to make payment of IDV. He further demands award of compensation for harassment and mental pain and also cost of litigation. During the course of hearing, it was stated by him also that the vehicle was repaired though the same was not repairable by the insurance company and he had been demanded Rs.70,000/- to get the repaired vehicle. The repairing amount is stated to have been paid by the insurance company. He submitted that he had never given the consent for repair the vehicle and he is, therefore, not in a position to take the vehicle after making payment of Rs.70,000/-. He insists that since the vehicle was damaged to the extent that it could have been a case of total loss and the company be directed to pay the IDV of the vehicle. 3. No written submissions were placed on record on behalf of the company. However, representative of the company attended the hearing on 27.10.2010, 01.11.2010 and on 11.11.2010. During the course of hearing, the representative of the company was specifically required to produce the letter of consent given by the owner of the vehicle for repairing the damaged vehicle. On 11.11.2010, the representative of the company was given one week time to produce the consent letter from the owner of the vehicle for repairing the vehicle but the same was not produced. I am given to understand that the company is not in a position to produce the consent letter of the owner of the vehicle for getting the vehicle repaired. It was further stated by the representative of the company that it had already paid repairing charges to the authorized dealer and the owner of the vehicle may receive the vehicle after paying the balance amount (Rs.70,000/-). 4. I have considered the submissions of the complainant very carefully and have also considered the verbal arguments of the representative of the company. After due consideration of the matter, I hold that the insurance company was not justified in repairing the vehicle at the authorized dealer without consent of the owner of the vehicle. Since the owner of the vehicle had not given consent for repairing the damaged vehicle, the policy holder was not responsible for the repair. As is evident from the estimate of the repair by the authorized dealer, it was more than 75% of the IDV. Moreover, the vehicle was damaged to the extent that it appears to be a fit case for total loss. This fact is proved by the fact that the repair cost was estimated at Rs.2, 58,201/- which is more than 75% of the IDV. More than 200 parts of the vehicle were repaired/ replaced while repairing the vehicle. One can very well assume that the vehicle was damaged to a great extent. During the course of discussion with the owner of the vehicle, the company’s official has given the impression that the case will be settled on total loss basis and he would be compensated accordingly. One fails to understand as to how the company agreed to make the payment of repair when no consent was given by the owner of the damaged vehicle. In my considered view and in view of the fact that the cost of the repair has been estimated more than 75% of the IDV, it appears to me a fit case to take it as a total loss and compensation to the owner of the vehicle is awarded accordingly. Accordingly, award is passed with the direction to the company to make the payment of IDV to the policy holder less policy excess clause and take the possession of the vehicle. The company is further directed to make the payment of penal interest @ 8% from the date after three months of accident to the date of actual payment. 5. The Award shall be implemented within 30 days of receipt of the same. The compliance of the Award shall be intimated to my office for information and record. 6. Copies of the Award to both the parties.
बहुत बहुत आभार आपका और बहुत बहुत धन्यवाद आपको अशोक सर। में कई दिनों से उस नियम की जानकारी चाहता था परंतु मुझे वो चीज ही नहीं दिखी थी जो सर आपने भेजी । वो भी पूरी जानकारी उदाहरण सहित । सर मैं आपको ह्रदय से धन्यवाद देता हूं सर। एक बार फिर से धन्यवाद और आभार सर।
Sir meri gaadi accident hua 3 month ho gaye he lekin company kabhi bolti he buyer le jayega bolke 1.5 month nikal diya ab bol rahe he vo nahi ayege ab bol rahe he company apko payment karegi so sir no idea kese deal karu so sir pls share your contact information 🙏🙏
![Felix "Unfair" | [Stray Kids : SKZ-PLAYER]](http://i.ytimg.com/vi/Oswujxm2Ag0/mqdefault.jpg)
अत्यंत उपयुक्त जानकारी शेअर करने के लिए धन्यवाद 🙏
Very nice information sir
Thank You sir.After seen your video on CTL/TL one Pvt Insurer has correct it's TL decision to repair after put pressure to provide assessment report and estimate details.
मुझे बहुत खुशी हुई कि आपको बीमा पालिसी अनुबंध व आपकी पसंद के अनुसार सही निर्णय की प्राप्ति हुई और मेरी भी इसमें हल्की सी सहयोगी की भूमिका रही।
धन्यवाद।
Hello sir …where can i contact you
@@sanjusingh-bc2hq
You can contact me through email.
My email ID is -
Ashok.1224@rediffmail.com
Really nice sir I like it
good job sir g
Sir agara me car banana chahatahun to comany idv value ka kitna paisa dega
Sir agar humari car total loss hai awor Hume reapir he karvani ho to kya kare
तो आप कार को रिपेयर करा सकते है।
Sir pls make video on Return to Invoice add on.
Sir I need your help
Sir, agar total loss 75% ho or hum usme se 5% upfront de de to kya phir bhi gadi total loss me jayege
@@kailashray2962
75% of idv से ज्यादा रिपेयर खर्च होने पर क्लेम constructive total loss claim होता है।
यदि किसी वाजिव तरीके से रिपेयर खर्च 75% of idv से कम हो तो क्लेम partial loss claim होगा।
आप रिपेयर खर्च को, नये पार्ट की जगह रिपेयर कराकर कम कर सकते है। यदि कार वाहन निर्माता डीलर वर्कशाप पर रिपेयर हो रही है तो उसकी जगह लोकर वर्कशाप पर रिपेयर कराकर रिपेयर खर्च कम कर सकते है।
आप कुछ IInd hand parts / recondition parts का इस्तेमाल करके रिपेयर कम खर्च कर सकते है, आदि आदि।
Sir calim ke badh gadi hmare pass rakh sakte hi kya
यह आप बीमा कंपनी से पता कर सकते है। और यदि total loss basis पर क्लेम सैटल हो रहा तो कायदे से गाड़ी का रजिस्ट्रेशन कैंसिल होना चाहिए, इसके बाद गाड़ी का वजूद खत्म हो जाता है और सिर्फ साल्वेज रह जाती है। बीमा कंपनी यह साल्वेज वेल्यू को क्लेम क्षतिपूर्ति मे इस्तेमाल कर सकती है। बीमा कंपनी यह क्लेम मे जिस value पर साल्वेज को बेच रही हो, उस वेल्यू पर आप यह साल्वेज को बीमा कंपनी से ले सकते है।
Very nice clear conversation.
Same things happening me kindly help me sir
Sir mare pass ek track 10month old h jiska accident ho Gaya mere pass int 23 policy h gadi ka reaping exp 27lakh 2nd time 27lakh 3 time 1500000 ka kharch aa raha h karpya mugje rasta baty
मै ठीक से समझ नहीं पा रहा हूँ कि आप मुझसे क्या पूछना चाह रहे है।
My vechile 4 month old only ..beema company told total loss .return to invoice premium i have please suggest
मै समझ नहीं पाया कि आप क्या जानना चाहते है।
Sir 2 jaankari Leni hai
1 - meri accidental car 1.5 month se claim ke liye gai Hui hai vo ab tak clear nahi kar rahe hai ki total loss kar rahe hai ya repair kar rahe hai , kya karna chahiye
2 - 2nd hand car 1-2 years old li jaye to kya return to invoice liya ja sakta hai 2 nd owner ko mil jata hai ya nahi
1,
इसके लिए आपको बीमा कंपनी के grievance officer को सही नियमों के सापेक्ष शिकायत दर्ज करनी चाहिए।
2,
इसके लिए आप बीमा कंपनी से / बीमा ब्रोकर से / बीमा एजेंट से बात कर सकते है।
अलग अलग add on coverage की भाषा व शर्ते, बीमा कंपनी स्वयं तैय करती है, इसीलिए आप इस सवाल के लिए विभिन्न बीमा कंपनी से बात करके जान सकते है।
Protection of policy holders interest gazette notification 2017,-
15. CLAIM PROCEDURE IN RESPECT OF A GENERAL INSURANCE POLICY
1. An insured or the claimant shall give notice to the insurer of any loss arising under contract of
insurance at the earliest or within such extended time as may be allowed by the insurer. On receipt of
such a communication, a general insurer shall respond immediately and give clear information to the
insured on the procedures that he should follow. In cases where a surveyor has to be appointed for
assessing a loss/claim, it shall do so immediately, in any case within 72 hours of the receipt of
intimation from the insured. Insurer shall communicate the details of the appointment of surveyor,
""""including the role, duties and responsibilities of the surveyor to the insured by letter, email or any
other electronic form immediately after the appointment of the surveyor"""".
2. The insurer / surveyor shall within """"7 days of the claim intimation, inform the insured / claimant of the
essential documents and other requirements that the claimant should submit in support of the claim""""".
Where documents are available in public domain or with a public authority, the surveyor/insurer shall
obtain them.
3. The surveyor shall start the survey immediately unless there is a contingency that delays immediate
survey, in any case within 48 hours of his appointment. Interim report of the physical details of the
loss shall be recorded and uploaded/forwarded to the insurer within the shortest time but not later than
15 days from the date of first visit of the surveyor. """"A copy of the interim report shall be furnished by
the insurer to the insured/claimant, if he so desires"""".
4. Where the insured is unable to furnish all the particulars required by the surveyor or where the
surveyor does not receive the full cooperation of the insured,
"""" the insurer or the surveyor, as the case
may be, shall inform in writing to the insured under information to the insurer about the consequent
delay that may result in the assessment of the claim""" .
"""" It shall be the duty equally of the insurer and the
surveyor to follow up with the insured for pending information/documents guiding the insured with
regard to submissions to be made"""".
"""" The insurer and/or surveyor shall not call for any
information/document that is not relevant for the claim""""".
5.
(i) The surveyor shall, subject to sub-regulation 4 above, submit his final report to the insurer within 30 days of his appointment.
""""A copy of the surveyor’s report shall be furnished by the
insurer "to the insured/claimant", if he so desires"""".
Notwithstanding anything mentioned herein, in
case of claims made in respect of commercial and large risks the surveyor shall submit the final
report to the insurer within 90 days of his appointment. However, such claims shall be settled by the
insurer within 30 days of receipt of final survey report and/or the last relevant and necessary
document as the case may be.
(ii) Where special circumstances exist in respect of a claim either due to its special /
complicated nature, or due to difficulties associated with replacement/reinstatement, the surveyor
shall, seek an extension from insurer for submission of his report. """"In such an event, the insurer
shall give the status to the insured/claimant fortnightly wherever warranted""". The insurer may
make provisional/ on account payment based on the admitted claim liability.
6. If an insurer, on the receipt of a survey report, finds that it is incomplete in any respect, he shall
require the surveyor, under intimation to the insured/claimant; to furnish an additional report on
certain specific issues as may be required by the insurer. Such a request may be made by the insurer
within 15 days of the receipt of the final survey report.
Provided that the facility of calling for an additional report by the insurer shall not be resorted to more than
once in the case of a claim.
7. The surveyor, on receipt of this communication, shall furnish an additional report within three weeks
from the date of receipt of communication from the insurer.
8. On receipt of the final survey report or the additional survey report, as the case may be, and on receipt
of all required information/documents that are relevant and necessary for the claim, an insurer shall,
with in a period of 30 days offer a settlement of the claim to the insured/claimant. If the insurer, for
any reasons to be recorded in writing and communicated to the insured/claimant, decides to reject a
claim under the policy, it shall do so within a period of 30 days from the receipt of the final survey
report and/or additional information/documents or the additional survey report, as the case may be.
9. """" In case, the amount admitted is less than the amount claimed, then the insurer shall inform the
insured/claimant in writing about the basis of settlement in particular, where the claim is rejected, the
insurer shall give the reasons for the same in writing drawing reference to the specific terms and
conditions of the policy document""".
10. """In the event the claim is not settled within 30 days as stipulated above, the insurer shall be liable to
pay interest at a rate, which is 2% above the bank rate from the date of receipt of last relevant and
necessary document from the insured/claimant by insurer till the date of actual payment""".
19. GENERAL PRINCIPLES:
6. Any breach of the obligations cast on an insurer or distribution channels or surveyors in terms of these
regulations may enable the Authority to initiate action against each or all of them, jointly or severally, under
the Act and/or the Insurance Regulatory and Development Authority Act, 1999.
Namaskar sir
Mari gaadi hai BMW uska accident ho gya hai tha last month mane vo gaadi mane 2hand lee thi 10lac ki uska insurance company usko total loss kr rhi hai or jitne ki gaadi mene lee thi utna amount dene ko kh rhe h but jab mane gaadi lee thi tb uski IDV 15lac thi or gaadi ka insurance ab march tk valid hai ab mai kya kr skta hu usme kyuki gaadi mai 35lac ka estimate banaya hai service centre ne authorise ab mujhe kya Karna chahie taki meri IDV kaa pura amount mujhe mil or insurance company manaa naa kr ske
सबसे पहले तो आपको बीमा कंपनी से इस विषय में प्रोपर शिकायत करनी चाहिए व IDV के अनुसार क्लेम settlement के लिए निवेदन करना चाहिए। यदि फिर भि बीमा कंपनी नहीं मानती है तो आप इस विषय की शिकायत बीमा लोकपाल में कर सकते है या उपयुक्त न्यालय में कर सकते है।
Indian motor tariff 2002 के General Regulation 08 के अनुसार 05 वर्ष तक की age वाली कार का बीमा मे IDV को, उस नयी गाड़ी की बिक्री वेल्यू पर तैय depreciation apply करके निर्धारित किया जाता है।
और 05 वर्ष से ज्यादा पुरानी कार व जो माडल बंद हो गये है, उन कार की की IDV को आपसी सहमति से तैय किया जाता है। यह IDV का बीमा कंपनी बीमा प्रीमियम लेती है। इसलिए constructive total loss/ total loss claim case में बीमा कंपनी की जिम्मेदारी IDV की होती है। बीमा पालिसी अनुबंध के अनुसार IDV की कवरेज होती है।
यदि किसी को गाड़ी मुफ्त मे gift में मिली है या आधे पैसे में मिली है, तो भी इस गाड़ी का बीमा कराने मे IDV तैय करने का नियम Indian motor tariff 2002 के अंतर्गत General Regulation 08 के अनुसार ही होता है।
Same mere sth bhi esa hi ho rha hai 😢 mene aap ko mail kiya hai sir please check sir please
Hello Sir, dealer ne mujhe total loss car repair karwa kar dhoke se bech di, ab Mai use paise wapas dene ko Kah raha to wo sun hi nahi raha hai, kya legal action le sakta hu?
यदि आपके साथ धोखाधड़ी हुई है। बिना आपको सच्चाई बताये हुए गाड़ी बेची गयी है, जिस गाड़ी को पहले एक बीमा क्लेम के अंतर्गत constructive total loss / total loss घोषित किया गया हो और total loss basis पर settle किया गया हो।
यह आपके साथ घोखेबाजी करने, बेईमानी करने का मामला है।
आप गाड़ी के पिछ्ले मालिक, जिस बीमा कंपनी के अंतर्गत total loss claim सैटल हुआ है, यदि क्लेम मे बीमा कंपनी द्वारा नियुक्त सर्वेयर जिसने Salvage disposal के लिए सही recommendation नहीं की, इनके विरूद्ध उचित कानूनी धाराओ मे मुकदमा दर्ज कर सकते है।
example from Google --
Cheated by selling total loss vehicle
In Criminal Law
A guy cheated me by selling a total loss vehicle saying that it hasn't met with any accident, no insurance claim has been done. And he also provided the free service coupon that comes with the vehicle.But once after purchasing and going to the service center, we found that the vehicle is a totalled one. It was completely damaged and he got full amount settled by the insurance company. I don't know how this guy sold me. The RC is in the name of the original owner. What should I do now?
Answers (2)
1.
Dear client
according_to this issue, you should lodge a police complaint , ignorance is not an excuse in law..,. police will file F I R and get back the money . I will help u . Pls contact me through lawrato.
From any advocate.
2.
Good morning
As per your message it would not possible to sell total damage vehicle after getting insurance claimed amount from insurance company
However the insurance company would ask to surrender vehicle and rc book before giving total damage claim to the vehicle owner
If you are finding any mischief by the seller you can take legal action against the seller
If you want further assistance please call me for consultation
From any advocate.
As per IRDAI Circular-
Circular
Ref. No:IRDAI/NL/CIR/MOTOD/118/07/2019 Date:26-07-2019
Misuse of Total Loss Accident Vehicle Documents over Stolen Vehicles
To,
ALL GENERAL INSURERS (OTHER THAN STAND-ALONE HEALTH INSURERS AND SPECIALISED INSURERS)
Re: - Misuse of Total Loss Accident Vehicle Documents over Stolen Vehicles
It has come to the notice of Authority that in case of Total Loss (TL) of the vehicle, salvage of the vehicle is being sold to scrap dealers without cancelling Certificate of Registration (RC) of the vehicle.
2. It has been informed by the Law Enforcement Authorities that documents pertaining to such vehicles are being misused like giving new identity to the stolen vehicles by forging engine number and chassis number of destroyed vehicles under TL claims.
3. As per Section 55 of Motor Vehicle Act 1988,
(1) If a motor vehicle has been destroyed or has been rendered permanently incapable of use, the owner shall, within fourteen days or as soon as may be, report the fact to the registering authority within whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and shall
forward to the authority the certificate of registration of the vehicle.
(2) The registering authority shall, if it is the original registering authority, cancel the registration and the certificate of registration, or, if it is not, shall forward the report and the certificate of registration to the original registering authority and that authority shall cancel the registration.
4. In view of the above, all insurers are advised to ensure cancellation of Certificate of Registration (RC) of the vehicle in case of total loss claim settlement.
Yours faithfully,
(Yegnapriya Bharath)
Chief General Manager (NL)
Insurance Regulatory and Development Authority of India. All Right Reserved.
Aap bato kya idv hamara hak hae yaa kush Kate ge
Sir in my case it is totally opposite. Idv value of my car is 4 lakh. Expected repairing cost is estimated 5.20lakh. But still surveyor is asking to repair it. What should I do??? They still not considering it as total loss. I think they are planning to make me pay the excess. Pls help
ashok.1224@rediffmail.com
I am sharing one decision-----Very Important & true decision for:-
Constructive Total Loss & Aggregate cost of retrieval and /or repair of the vehicle
A s per Indian Motor Tariff:-
The insured vehicle will be treated as a CTL if the aggregate cost of retrieval and / or repair """of the vehicle"""", subject to terms and conditions of the policy, exceeds 75% of the IDV of the vehicle.
Complaint No.IO(CHN) 11.07.1058 / 2010-11
Award no-IO(CHN)/G/27/2010-11 dated30thJuly2010 (Motor)
MrB.S.Rajasekar
vs
Tata AIG Gen Ins Co Ltd ----------------------------------------------------------
The complainant had insured his car with the above insurance co for a sum insured of rs 2,71,107/-from 25.06.2009 to 24.06.2010 and the car was heavily damaged due to an accidental fire on 14.11.2009.The insurer has agreed to settle the claim on repair basis as assessed by the surveyor for rs1,26,836/ and while assessing the loss the surveyor has applied depreciation on various parts which require replacement.-
The complainant had sought the claim to be settled on the basis of constructive Total loss since the aggregate cost of retrieval and /or repair of the vehicle before applying depreciation on various parts as mentioned in the survey report exceeds 75% of the IDV as per GR8 of the IMT.The insurer had mentioned that the surveyor has assessed the loss on repair basis for rs 1,26,836/- which is within 75%of the IDV and hence the claim could not be considered as a CTL as demanded by the insured.
The insured had stated that he had already depreciated the cost of the vehicle to arrive at the IDV of Rs2,71,107/-and the insurer is again applying depreciation on parts for the purpose of deciding the eligibility for constructive total loss settlement.
The insurer had argued that since the cost of repair or retrieval did not exceed 75% of IDV the claim could not be considered as constructive total loss.They are agreeable for settlement on repair basis.From the records it is observed that there is no dispute in fixing up the IDVfor the vehicle at the time of inception of the policy and only dispute is about the application of depreciation 39 on parts while determining whether the loss has to be assessed on total loss basis or not.
The policy wording state as “The insured vehicle shall be treated as CTL if the aggregate cost of retrieval and /or repair of the vehicle subject to terms and conditions of the policy exceeds 75%of the IDV of the vehicle.”Nothing specific is mentioned about application of depreciation in case TL/CTL and merely mentions “subject to terms and conditions of the policy”This is very vague. Though the insurer has no contractual obligation to accept the insured’s desired mode of settlement ,judging from the severity of damages to the vehicle and also the fact that the cost of retrievel/repairof the vehicle as per estimate exceeds 75%of IDV,the insured is justified in seeking settlement on constructive total loss basis.Considering all the factors the decision of the insurer in considering the claim only on repair basis is not correct and hence they are directed to settle the claim on total loss basis subject to terms and conditions of the policy.
The complaint is allowed.
Regards,
Ashok Kumar Singh
Greater Noida, U.P..
Sir I am also facing the same kindly can you please help me out with this same problem, my car met with an accident in 5 July and an claim intimation was lodged in 18 July now the surveyor is saying me that can’t repair it and it will go on total loss
Ashok.1224@rediffmail.com
Sir meri gadi ka total loss declared kr diya tha baad me unhone realise Kiya ki usme mene ek add on kra rkha tha RTI ka phir baad me ab wo mujhe repair ke liye dawab bna rhe he sir please apna no.de dijiye me aapko contact kese kru I need help urgent
same problem face here..
Sir mere idv 10 lakh or repair 740000 comany total loss karna chahatahe me car rakhna chahatahun kiya karun
Sir, क्या ( Constructive Total Loss/NOS (Net of Salvage - With RC) mode of settlement. ) इसमे insurance company salvage/scrap का पैसा काटेगी या नही ( मेरी Ertiga VXI Cng 2020 model ) है और गाड़ी RETURN तो INVOICE पर है
Constructive total loss motor od insurance claim case से मतलब है कि मोटर OD बीमा क्लेम में बीमाकृत वाहन मे कुल नुकसान, अनुमानित रिपेयर खर्च के रूप में, गाड़ी की बीमा value ( Insured Declared Value) IDV के 75% से ज्यादा हो। इस प्रकार के क्लेम केस को constructive total loss claim माना जाता है, इस प्रकार के क्लेम को total loss basis पर सैटल किया जाता है।
इस प्रकार के क्लेम केस मे IDV के अनुसार ( यदि add on coverage Return to invoice कः अनुसार ) क्लेम सैटलमैट व भुगतान किया जाता है। बीमा कंपनी बीमा धारक ग्राहक को यह प्रकार के क्लेम सैटलमैट मे ctl/tl क्लेम गाड़ी यानी कबाड़ गाड़ी की कबाड़ वेल्यू ( wreck value) को क्लेम भुगतान करने मे , क्षतिपूर्ति ( indemnification ) करने मे adjust कर सकती है। मतलब बीमा कंपनी यह गाड़ी को कबाड़ के रूप मे बेचकर, प्राप्त wreck value को claim indemnification मे इस्तेमाल कर सकती है। चूंकि यह गाड़ी रिपेयर कराना economic नहीं है इसलिए इसे constructive total loss claim मानकर total loss की तरह deal किया जाता है। भारतीय मोटर व्हीकल एक्ट के section 55 में, इस प्रकार के वाहन के Registration certificate को निरस्त करने के लिए लिखा हुआ है।
भारतीय मोटर व्हीकल एक्ट के अनुसार
एक दुर्घटनाग्रस्त गाड़ी की ownership को किसी दुसरे नाम पर transfer नहीं किया जा सकता है। इस process के लिए गाड़ी की proper fitness आवश्यक होती है। गाड़ी को RTO form 29-30 पर सभी क्रेता विक्रेता की जानकारी भरकर हस्ताक्षर के साथ बेचा जाता है, गाड़ी को blank RTO form 29-30 पर गाड़ी मालिक बीमा धारक ग्राहक के हस्ताक्षर के साथ बेचना गलत है। एक affidavit के आधार पर एक गाड़ी के रूप मे बेचना गलत है। एक कबाड़ गाड़ी को इस तरह तरीके से with RC के नाम पर बेचना गलत है।
हमारे देश मे बहुत सी निजी क्षेत्र की साधारण बीमा कंपनी इस प्रकार के ctl/tl basis claim settlement में साल्वेज गाड़ी को मतलब घोषित कबाड़ गाड़ी को, घोषित constructive total loss, गाड़ी को एक गाड़ी के रूप मे गलत तरीके से बेचती है।
इसमें सबसे ज्यादा आश्चर्य जनक यह है कि बीमा कंपनी इस प्रकार से साल्वेज को एक गाड़ी के रूप में बेचने को किसे बेचनी है, किस तरह तरीके से RC ownership transfer करके बेचनी है, वह स्वयं लिखकर नही देती है, उल्टा बीमा धारक ग्राहक से यह तरीके को लिखकर बीम कंपनी को देने के लिए कहती है। बीमा कंपनी स्वयं इसलिए ऐसा लिखकर नहीं देती क्योंकि यह तरीका illegal होता है।
Sir same is happening with me
Sir i had a total loss car insured with iffco tokio, buyer taken the car ang given me money but it's been more than a month surveyor submitted final report but company not given me full payment. They are delaying it by saying your file is moved forward and rarely receiving my calls. Please help
NVR buy from iffco tokio it also harassed me. RC cancel huya tha kya
mil gya tha mujhe poora pesa rti dala tha mne and ombudsman me complain bhi daal diya tha
I also faced same problem. Maruti car company repair estimated cost was 450000. Then I shifted my car to a outside good workshop they repair my car 150000 with maruti geniune parts ( radiator, bumper, Bonet, right fender,both head light, air bag etc..)....
Hello Sir,
My car has met with ab accident. Insurance company harrasing me. Can I talk to you over a call for some consultation?
ashok.1224@rediffmail.com
Can I purchase my own car with RC in case of CTL. PLEASE HELP
Protection of policy holders interest gazette notification 2017,-
15. CLAIM PROCEDURE IN RESPECT OF A GENERAL INSURANCE POLICY
1. An insured or the claimant shall give notice to the insurer of any loss arising under contract of
insurance at the earliest or within such extended time as may be allowed by the insurer. On receipt of
such a communication, a general insurer shall respond immediately and give clear information to the
insured on the procedures that he should follow. In cases where a surveyor has to be appointed for
assessing a loss/claim, it shall do so immediately, in any case within 72 hours of the receipt of
intimation from the insured. Insurer shall communicate the details of the appointment of surveyor,
""""including the role, duties and responsibilities of the surveyor to the insured by letter, email or any
other electronic form immediately after the appointment of the surveyor"""".
2. The insurer / surveyor shall within """"7 days of the claim intimation, inform the insured / claimant of the
essential documents and other requirements that the claimant should submit in support of the claim""""".
Where documents are available in public domain or with a public authority, the surveyor/insurer shall
obtain them.
3. The surveyor shall start the survey immediately unless there is a contingency that delays immediate
survey, in any case within 48 hours of his appointment. Interim report of the physical details of the
loss shall be recorded and uploaded/forwarded to the insurer within the shortest time but not later than
15 days from the date of first visit of the surveyor. """"A copy of the interim report shall be furnished by
the insurer to the insured/claimant, if he so desires"""".
4. Where the insured is unable to furnish all the particulars required by the surveyor or where the
surveyor does not receive the full cooperation of the insured,
"""" the insurer or the surveyor, as the case
may be, shall inform in writing to the insured under information to the insurer about the consequent
delay that may result in the assessment of the claim""" .
"""" It shall be the duty equally of the insurer and the
surveyor to follow up with the insured for pending information/documents guiding the insured with
regard to submissions to be made"""".
"""" The insurer and/or surveyor shall not call for any
information/document that is not relevant for the claim""""".
5.
(i) The surveyor shall, subject to sub-regulation 4 above, submit his final report to the insurer within 30 days of his appointment.
""""A copy of the surveyor’s report shall be furnished by the
insurer "to the insured/claimant", if he so desires"""".
Notwithstanding anything mentioned herein, in
case of claims made in respect of commercial and large risks the surveyor shall submit the final
report to the insurer within 90 days of his appointment. However, such claims shall be settled by the
insurer within 30 days of receipt of final survey report and/or the last relevant and necessary
document as the case may be.
(ii) Where special circumstances exist in respect of a claim either due to its special /
complicated nature, or due to difficulties associated with replacement/reinstatement, the surveyor
shall, seek an extension from insurer for submission of his report. """"In such an event, the insurer
shall give the status to the insured/claimant fortnightly wherever warranted""". The insurer may
make provisional/ on account payment based on the admitted claim liability.
6. If an insurer, on the receipt of a survey report, finds that it is incomplete in any respect, he shall
require the surveyor, under intimation to the insured/claimant; to furnish an additional report on
certain specific issues as may be required by the insurer. Such a request may be made by the insurer
within 15 days of the receipt of the final survey report.
Provided that the facility of calling for an additional report by the insurer shall not be resorted to more than
once in the case of a claim.
7. The surveyor, on receipt of this communication, shall furnish an additional report within three weeks
from the date of receipt of communication from the insurer.
8. On receipt of the final survey report or the additional survey report, as the case may be, and on receipt
of all required information/documents that are relevant and necessary for the claim, an insurer shall,
with in a period of 30 days offer a settlement of the claim to the insured/claimant. If the insurer, for
any reasons to be recorded in writing and communicated to the insured/claimant, decides to reject a
claim under the policy, it shall do so within a period of 30 days from the receipt of the final survey
report and/or additional information/documents or the additional survey report, as the case may be.
9. """" In case, the amount admitted is less than the amount claimed, then the insurer shall inform the
insured/claimant in writing about the basis of settlement in particular, where the claim is rejected, the
insurer shall give the reasons for the same in writing drawing reference to the specific terms and
conditions of the policy document""".
10. """In the event the claim is not settled within 30 days as stipulated above, the insurer shall be liable to
pay interest at a rate, which is 2% above the bank rate from the date of receipt of last relevant and
necessary document from the insured/claimant by insurer till the date of actual payment""".
19. GENERAL PRINCIPLES:
6. Any breach of the obligations cast on an insurer or distribution channels or surveyors in terms of these
regulations may enable the Authority to initiate action against each or all of them, jointly or severally, under
the Act and/or the Insurance Regulatory and Development Authority Act, 1999.
In case of CTL , can I retain my own car when the company auction it and then get it repaired.
My email I'd
ashok.1224@rediffmail.com
@@motorinsuranceclaimspracti4142 sir I need your phone no
In such conditions, one can go for cash loss settlement.
CLT /TL How much take a time for settlement
Mera matlab hai ki kitne din me settlement hona chahiye
Sir total loss case m gadi ko le jane ka train ka kharcha kon karega
यदि गाड़ी दुर्घटनाग्रस्त होती है, तो निजी कार मोटर पैकेज बीमा पालिसी में near by workshop तक दुर्घटनाग्रस्त गाड़ी को रिपेयर कराने के लिए ले जाने के लिए या claim process के लिए ले उपयुक्त स्थान पर ले जाने के लिए, towing के लिए अधिकतम 1500 रूपये की कवरेज होती है। बीमा कंपनी Rs.15000 तक का क्लेम भुगतान कर सकती है।
@@motorinsuranceclaimspracti4142 ok sir गाड़ी को खाई से क्रैन में ऊपर निकालने का खर्च भी बीमा कंपनी ही देगी क्या मैंने raod साइड असिस्टेंस भी ले रखा है... मेरी गाड़ी 40 मीटर खाई मे गिर गयी थी तो कंपनी का एजेंट बोल रहा की क्रैन का खर्च आप ही करेंगे हम सिर्फ रोड से toing vhicle मे ले जायेंगे...
Sir meri swift bhe total loss kr rhe h kya kru bahar 150000 me bnn jyage plz help meri gaddi 11/8/23 ko accident hui h
Sir plz ap apna num de do
@@smartonly9732
ashok.1224@rediffmail.com पर मुझे ईमेल भेजकर मेरी contact details ले सकते हो।
Sir my own four vehicle tour vehicle insurance claim rejected by insurance company because of fitness certificate expired muje yeh jana hey samne vale ney third party claim kiya hey to vo milega ki nahi sir please give me your valuable advice or third party vale case mey hamko lawyer rakhne ki jururt hey ki nai
hindi.news18.com/news/business/karnataka-high-court-says-even-if-there-is-no-fc-at-the-time-of-the-accident-the-company-cannot-claim-4893487.html
Currently i am going through this situation,,my car idv is 225000,,,and cost is 192000 but cost is going above 75% insurance company is forcing me to total loss but i don't want to total loss the car pls guide me
ashok.1224@rediffmail.com
Sir, where to register complaint of such cases. Kindly advise.
Chief grievance officer of insurance company, irdai officials, dfs officials, insurance ombudsman office, etc.
Sir my car elite i20 2018 model has idv value is 394000 & my total estimated repair cost is 266000 but the dealer & the surveyor are forcing me for the total loss or they are asking me to be prepared for additional pay 10-15k & when i declined that my total repair cost is less than 75% of idv they are harassing me for investigation enquiry sir my isuarance is addon policy from iffcotokio
please help sir🙏🏻
ashok.1224@rediffmail.com.
You can contact me via this email id. I will share my contact details by email.
Sir mne mail kiya h apko hyundai exter car ka please help me bht problem ho gyi h total loss m RC transfer bol rhe h insurance company wale
Sir meri car ka estimate 4 lakhs ka h aur IDV 4.48 lakhs h fir bhi repairing ka approval de diya h sir aur survey report k liye mana kar rahe h
Sir muje kya karna chahiye please suggest sir
सबसे पहले लिखित मे बीमा कंपनी व irdai, dfs को इसके लिए शिकायत करनी चाहिए।
सर्वे रिपोर्ट की कापी मांगनी चाहिए। intrim report copy मांगनी चाहिए।
वर्क शाप वाले अक्सर वास्तविक नुकसान से काफी ज्यादा का रिपेयर ईस्टिमेट बनाकर देते है। इसलिए महत्वपूर्ण यह है कि वास्तविक अनुमानित रिपेयर खर्च कितना है। इसके लिए आप वर्कशाप से रिपेयर ईस्टिमेट की कापी लेकर, वर्कशाप प्रतिनिधि के साथ मिलकर वास्तविक लगभग अनुमानित रिपेयर खर्च की गणना कर सकते है।
यदि यह 75% of IDV से ज्यादा है तो यह एक constructive total loss होना चाहिए।
आपको यह सब बीमा कंपनी व संबंधित Authorities को इसके लिए शिकायत करनी चाहिए। यदि बीमा कंपनी तब भी नहीं मानती तो आपको बीमा लोकपाल आफिस मे online माध्यम से तैय तरीके से शिकायत करनी चाहिए।
@@motorinsuranceclaimspracti4142 Ok sir thank you sir
Sir apse contact kse hoga?
आप मुझे email कर सकते है। मै आपको Email पर अपनी contact details दे दूंगा।
ashok.1224@rediffmail.com
@@motorinsuranceclaimspracti4142 sir mera total loss hua car ka aur wreck value nhi de rhi insursnce company bolri h court se sale order lekr aao jbki court m dispose order diya h ki total loss ki car dispose honi chaiye
Hello sir
Sir meri bhi car ka claim hona tha but investigator ki report ke according company ne no claim kr dia gy h.surveyor ki taraf se letter bhi aaye hue he jisme divider or location mismatch hone ka reason dia hua he.
Sir mje ab aage ky krna chiy claim approval ke liye..
Sir I'm also belong to gr.noida.
Pls reply
आपको इसके लिए बीमा कंपनी से सबूत मांगने चाहिए। यदि बीमा कंपनी के पास इसके लिए solid सबूत है तब तो बीमा कंपनी मना कर सकती है, लेकिन यदि बीमा कंपनी सिर्फ अपनी एकतरफा सोच समझ के आधार पर ऐसा कह रही है तो यह गलत तरीका है।
इसके लिए आपको सबसे पहले तो बीमा कंपनी मे शिकायत करनी चाहिए। बीमा कंपनी से एप्रूवड सर्वेयर की सर्वे रिपोर्ट की मांग करनी चाहिए। आपको बीमा कंपनी से यह क्लेम को no claim करने के लिए उनके जो कुछ भी आधार है, investigation report है उसको मांगना चाहिए।
यदि फिर भी आपको सही न्याय नहीं मिलता फिर आपको बीमा लोकपाल आफिस मे तैय प्रकिया के द्वारा शिकायत दर्ज करनी चाहिए।
Protection of policy holders interest gazette notification 2017,-
15. CLAIM PROCEDURE IN RESPECT OF A GENERAL INSURANCE POLICY
1. An insured or the claimant shall give notice to the insurer of any loss arising under contract of
insurance at the earliest or within such extended time as may be allowed by the insurer. On receipt of
such a communication, a general insurer shall respond immediately and give clear information to the
insured on the procedures that he should follow. In cases where a surveyor has to be appointed for
assessing a loss/claim, it shall do so immediately, in any case within 72 hours of the receipt of
intimation from the insured. Insurer shall communicate the details of the appointment of surveyor,
""""including the role, duties and responsibilities of the surveyor to the insured by letter, email or any
other electronic form immediately after the appointment of the surveyor"""".
2. The insurer / surveyor shall within """"7 days of the claim intimation, inform the insured / claimant of the
essential documents and other requirements that the claimant should submit in support of the claim""""".
Where documents are available in public domain or with a public authority, the surveyor/insurer shall
obtain them.
3. The surveyor shall start the survey immediately unless there is a contingency that delays immediate
survey, in any case within 48 hours of his appointment. Interim report of the physical details of the
loss shall be recorded and uploaded/forwarded to the insurer within the shortest time but not later than
15 days from the date of first visit of the surveyor. """"A copy of the interim report shall be furnished by
the insurer to the insured/claimant, if he so desires"""".
4. Where the insured is unable to furnish all the particulars required by the surveyor or where the
surveyor does not receive the full cooperation of the insured,
"""" the insurer or the surveyor, as the case
may be, shall inform in writing to the insured under information to the insurer about the consequent
delay that may result in the assessment of the claim""" .
"""" It shall be the duty equally of the insurer and the
surveyor to follow up with the insured for pending information/documents guiding the insured with
regard to submissions to be made"""".
"""" The insurer and/or surveyor shall not call for any
information/document that is not relevant for the claim""""".
5.
(i) The surveyor shall, subject to sub-regulation 4 above, submit his final report to the insurer within 30 days of his appointment.
""""A copy of the surveyor’s report shall be furnished by the
insurer "to the insured/claimant", if he so desires"""".
Notwithstanding anything mentioned herein, in
case of claims made in respect of commercial and large risks the surveyor shall submit the final
report to the insurer within 90 days of his appointment. However, such claims shall be settled by the
insurer within 30 days of receipt of final survey report and/or the last relevant and necessary
document as the case may be.
(ii) Where special circumstances exist in respect of a claim either due to its special /
complicated nature, or due to difficulties associated with replacement/reinstatement, the surveyor
shall, seek an extension from insurer for submission of his report. """"In such an event, the insurer
shall give the status to the insured/claimant fortnightly wherever warranted""". The insurer may
make provisional/ on account payment based on the admitted claim liability.
6. If an insurer, on the receipt of a survey report, finds that it is incomplete in any respect, he shall
require the surveyor, under intimation to the insured/claimant; to furnish an additional report on
certain specific issues as may be required by the insurer. Such a request may be made by the insurer
within 15 days of the receipt of the final survey report.
Provided that the facility of calling for an additional report by the insurer shall not be resorted to more than
once in the case of a claim.
7. The surveyor, on receipt of this communication, shall furnish an additional report within three weeks
from the date of receipt of communication from the insurer.
8. On receipt of the final survey report or the additional survey report, as the case may be, and on receipt
of all required information/documents that are relevant and necessary for the claim, an insurer shall,
with in a period of 30 days offer a settlement of the claim to the insured/claimant. If the insurer, for
any reasons to be recorded in writing and communicated to the insured/claimant, decides to reject a
claim under the policy, it shall do so within a period of 30 days from the receipt of the final survey
report and/or additional information/documents or the additional survey report, as the case may be.
9. """" In case, the amount admitted is less than the amount claimed, then the insurer shall inform the
insured/claimant in writing about the basis of settlement in particular, where the claim is rejected, the
insurer shall give the reasons for the same in writing drawing reference to the specific terms and
conditions of the policy document""".
10. """In the event the claim is not settled within 30 days as stipulated above, the insurer shall be liable to
pay interest at a rate, which is 2% above the bank rate from the date of receipt of last relevant and
necessary document from the insured/claimant by insurer till the date of actual payment""".
19. GENERAL PRINCIPLES:
6. Any breach of the obligations cast on an insurer or distribution channels or surveyors in terms of these
regulations may enable the Authority to initiate action against each or all of them, jointly or severally, under
the Act and/or the Insurance Regulatory and Development Authority Act, 1999.
Ashok.1224@rediffmail.com
Sir aapse mulakat ho sakti h kya meri help ho jyge🙏
@@neerajsingh4369
आप मुझे मेरी ईमेल I'd पर अपना फोन नंबर भेज सकते है, फिर मै आपको ईमेल या आपके फोन नंबर पर अपनी contact details दे दूँगा।
Sir mere sath bhi yahi hua hai ivd300000 rep 250000 hai to total loss kar rahe hai Mai kya karu please bataye
सही तरीके से सही जगह पर गलत के लिए शिकायत करो।
Samjh nahi aa raha hai sir kaha sikayat kare 4 month ho gaya total loss ka mony bhi nahi diye aur Kitana pass hua likhit me bhi nahi de rahe hai, 300000 denge bol bas rahe hai
@@amitlaskar8738
आप मुझसे मेरी ईमेल I'd ashok.1224@rediffmail.com पर अपनी WhatsApp details देकर संपर्क कर सकते है। मै आपको इस विषय मे कुछ और जानकारी साझा कर दूँगा। फिर आप अपने वाजिब बीमा क्लेम हक को बीमा कंपनी से सरलता से ले सकते है।
Sir
Email Kiya hu please call me
Sir hamara truck total los ho gia hae 2013 model idv 15lakh hae hamne gadi 1460000 me Lee the ab Bima comny bol rahe hae gade total loss hae gadhi ko aag lag gae the truck trailor dono ko astimate bana ha 42lakh ka new parts ka
Sir ..meri bike Total Loss ho gayi hai jo ki hum ne EMI pe liya tha abhi 12EMI Deni hai sir agar company Total Loss karti hai to Bache lone Amaunt ka kya hoga
बीमा अलग है और आपने जो बाइक के लिए कर्जा लिया है वह अलग बात है।
इसलिए क्लेम का परिणाम चाहे कुछ भी हो, लेकिन कर्ज लौटाने की जिम्मेदारी तो कर्जदार की रहती ही है।
1,
If the total repair cost of the vehicle in a motor insurance claim is more than 75% of the IDV then the claim is a constructive total loss. In a Constructive Total Loss/Total Loss claim, it is the responsibility of the insurance company to settle the claim as per the sum Insured (IDV). In settlement of a total loss claim, the insurance company has to pay the claim to the insured customer as per the sum insured (IDV). There is a compulsory excess clause deduction from every motor OD insurance claim, for a car up to 1000 cc in a private car package insurance policy, this compulsory excess clause deduction is Rs.1000.00. If the insurance policy has Return to Invoice add on coverage then the additional claim is added as per the language of the RTI add on coverage.
The insurance company also uses the wreck value of the available scrap vehicle to pay the claim (indemnification the claim) to the insured customer. It is the responsibility of the insurance company to settle the claim. Generally in a total loss claim settlement, the insurance company sells the available scrap (salvage / wreckage) vehicle to the scrap buyer and passes on the wreck value of the vehicle received from the scrap buyer directly to the insured customer, and the insurance company itself pays the remaining claim amount (sum insured (IDV)- compulsory excess clause -wreck value) to the insured customer.
The value received by selling the scrap (salvage/wreckage) vehicle as scrap (salvage/wreck) with RC cancellation is called the wreck value of the scrap (salvage/wreckage) vehicle. If you are selling a scrap (salvage/wreckage) car with RC transfer in the name of scrap (salvage/wreckage) then it will not be called selling a scrap (salvage/wreckage) but selling a car. There is a difference between selling scrap (salvage/wreckage) and selling a car. Disposal of vehicle scrap (salvage/wreckage) should be done as per section 55 of the Motor Vehicles Act.
2,
The vehicle owner is responsible for the vehicle. Only the vehicle owner can apply for cancellation of RC in RTO. This RC cancellation has to be done according to Section 55 of the Motor Vehicles Act.
3,
RC of the vehicle is a responsibility. The vehicle owner is responsible for RC. It is the responsibility of the insurance company to settle the claim. The insured customer should demand a detailed offer letter from the insurance company for settlement of the claim. It is the responsibility of the insurance company to give this offer letter to the insured customer. The insured customer should demand in writing from the insurance company the complete process of salvage disposal, as is being said orally by the insurance company officials.
keep it up sir
sir company ka workshop vaala sahi kharch bataye jyada naa bataye uske liye kya karna hoga ?
इसके लिए हमें या तो स्वयं से या किसी योग्य व्यक्ति के सहयोग से क्षति को जानना समझना होगा , इसके बाद यदि हमे पता चलता है कि वर्कशाप वाला गलत repair estimate बता रहा है तो हम उसकी उचित जगह पर शिकायत कर सकते है, सुधार करवा सकते है।
नमस्कार सर, मेरा न्यू बाइक का सर्विसिंग के दौरान वर्कशॉप में शार्ट सर्किट से आग लग जाने से मेरा भी बाइक जल गया अब इंश्योरेंस कंपनी icici Lambert मुझे IDV का 65% ही दे रहा है मुझे क्या मिलना चाहिए
यदि total loss है तो IDV के अनुसार क्लेम सैटल होना चाहिए।
यदि बीमा कंपनी कम क्लेम देने के लिए आपको लिखित में आफर दे रही है, तो आप इसके लिए उनसे बीमा पालिसी अनुबंध के अनुसार वजह पूछिये और इसके लिए शिकायत किजिये।
शिकायत कहा करू
@@BABLUKUMAR-vu5kz
बीमा कंपनी के Grievance Official को।
My four vehicle insurance total loss estimate 560000 or idv 314000 insurance claim rejected by insurance company because of fitness certificate expired mey agye own damage ke liye third party claim kar sakta hu ki nai or what amount idv Or total loss estimate amount
यदि आपकी गाड़ी की fitness validity नहीं है तो इसका अर्थ है कि आपकी गाड़ी का Registration certificate की validity नहीं है। यह Motor vehicle act के उल्लंघन का मामला है।
लेकिन आपकी गाड़ी के बीमा क्लेम मे दुर्घटना में यह fitness validity का क्या योगदान है, यह बीमा क्लेम मे बहुत महत्वपूर्ण होगा। यहां पर fundamental breach का मामला महत्वपूर्ण होगा। यह सब own damage बीमा क्लेम के लिए ज्यादा महत्वपूर्ण होगा।
यदि कोई 3rd party loss है, तो उसके बीमा क्लेम के लिए उस 3rd party के क्लेम के लिए , न्यायालय तैय करेगा कि 3rd party loss के लिए किसकी जिम्मेदारी होगी। वैसे ज्यादातर chance बीमा कंपनी की जिम्मेदारी होने के ही है।
Fact:-
Fundamental breach-
The Law of Insurance is based upon the contract of indemnity whereby the Insurer indemnifies the insured against the loss as per the terms and conditions stipulated in the contract and insurer cannot escape its liability unless there is a fundamental breach of contract resulting in repudiation of contract and not every breach.
Even if the insurance company is able to prove that there is breach of concerning policy conditions, the insurer would not be allowed to avoid its liability towards insures unless the said breach is so fundamental as to be found to have contributed to the cause of the accident.
AKS.G.N.
11/08/2020.
ndtv.in/india/insurance-claim-can-not-rejected-on-minor-reasons-supreme-court-lashes-out-insurance-companies-2994875
auto.economictimes.indiatimes.com/news/commercial-vehicle/mhcv/sc-vehicle-overloading-no-reason-to-deny-insurance/50517098
hindi.livelaw.in/category/news-updates/insurance-claim-can-be-rejected-if-vehicle-was-used-without-valid-registration-supreme-court-182823
hlo sir plz main apse bat krna cahta hai
ashoka.1224@rediffmail.com
इस पर आप अपनी संपर्क जानकारी मुझे साझा कर सकते है, फिर मै आपसे बात कर लुंगा।
Meri ola cab driver lekar bhag gaya i have all documents including NO TRACE REPORT CLAIM REJECTED SHRI RAM GENERAL' INSURANCE COMPANY. KE CAB CHORI NAHI HUYI DRIVER LEKAR BHAGA HAI AAPKE SAATH DOKHADADI (BREACH OF TRUST) HUYEE HAI KYA CLAIM MILEGA
जी यदि बीमा पालिसी अनुबंध के अनुसार बाकी सब requirements सही है। तो यह बीमा क्लेम बिलकुल मिलना चाहिए। यह नुकसान बीमा पालिसी अनुबंध की peril - malicious act के तहत मिलना चाहिए। इसे दुर्भावना पूर्ण कृत्य भी कहते है।
Some part of a judgement--
The question whether criminal breach of trust is covered under the insurance policy, was also considered by the National Commission in United India Insurance Co. Ltd. vs. Ravi Kant Gopalka, IV (2007) CPJ 32 (NC) by a Bench of three Members. In the aforesaid case also contention of the insurance company was that the police had registered a case under Section 406 IPC and the act of taking away of the truck would not amount to theft. The National Commission rejected the contention and held that the said loss of car could also be construed to be covered by the general category of malicious act, a set of grounds used in the policy. The National Commission also held that the exclusion clause nowhere provides that an offence under Section 406 IPC is excluded.
State Consumer Disputes Redressal Commission
Oriental Insurance Co. Ltd. vs Shamsher Singh on 10 November, 2017
IN THE STATE COMMISSION : DELHI.

Indian Kanoon
indiankanoon.org › doc
Oriental Insurance Co. Ltd. vs Shamsher Singh on 10 November, 2017
Sir aap se contact kaise kr skte
ashok.1224@rediffmail.com
Sir meri Tata Zest XM गाडी 18 डिसेंबर ko अचानक आग lag gayi, meri gaadi ka reliance general insurance hai , ab mujhe servayer OEM report, Gaadi
ka Estimate lake do bol rahe hai, Ab company wale bol rahe estimate banane ka 5 % mang rahe hai,, total estimate ka, aur OEM report mujhe company se banake lao bole, OEM report mai kaise la du dealer dene ko mana kr raha h, ye report dena जरूरी hai kya sir, please bataye
आप इस क्लेम मामले मे बीमा कंपनी व बीमा कंपनी द्वारा नियुक्त सर्वेयर साहब से लिखित में email पर communication करना।
बीमा कंपनी/ एप्रूवड सर्वेयर दोनो से आप लिख कर कहो कि इस क्लेम विषय में उन्हें जो कुछ भी आपसे चाहिए है, उसे आपसे लिखित में मांगे।
यदि आपकी गाड़ी में रिपेयर करने के लिए कुछ बचा ही नहीं है, सब कुछ जल चुका है तो बीमा कंपनी से बता दो कि यह गाड़ी पुरी जल चुकी है, इसमें रिपेयर करने के लिए कुछ भी नहीं है। आप बीमा कंपनी को लिख सकते हो कि बीमा कंपनी स्वयं ही इस गाड़ी का रिपेयर estimate बनवा ले। आप बीमा कंपनी को लिख सकते हो कि यदि बीमा कंपनी को रिपेयर estimate की फिर भी जरूरत है तो वर्कशाप वाला इसके लिए 5% of repair estimate का चार्ज बता रहा है, जो कि बहुत ज्यादा है। यदि बीमा कंपनी इस estimate के लिए खर्च का भुगतान वहन करने को तैयार है तो यह repair estimate बनाया जा सकता है। अन्यथा आप इस रिपेयर ईस्टिमेट का खर्च वहन करने को तैयार नहीं है।
वैसे भी यदि बीमा कंपनी ने इस क्लेम के लिए एक एप्रूवड सर्वेयर को नियुक्त किया होगा तो सर्वेयर रेगुलेशन 2015-20 के अनुसार एक एप्रूवड सर्वेयर की जिम्मेदारी loss estimation की भी होती है।
दुसरा आप OEM report के लिए लिख रहे है। मुझे लगता है कि आपकी बीमा कंपनी यह गाड़ी जलने के विषय में Manufacturer company की report की मांग कर रही है। आप यह प्रकार की report लेने के लिए वाहन Manufacturer company व Dealer workshop को बीमा कंपनी/सर्वेयर को cc में रखकर ईमेल कर दो, फिर जो भी जबाब आता है वह बीमा कंपनी को बता दो। यदि वाहन निर्माता कंपनी/ Dealer workshop ने आपको यह प्रकार की रिपोर्ट देने के लिए मना कर दिया है तो वह बीमा कंपनी को ईमेल से बता दो।
बहुत सी निजी क्षेत्र की साधारण बीमा कंपनी अक्सर क्लेम नुकसान आकलन व अनुशंसा करने के लिए एप्रूवड सर्वेयर को नियुक्त नहीं करती है। जबकि मोटर OD claim में इस प्रकार के 50 हजार से ज्यादा के claim नुकसान के लिए एक एप्रूवड सर्वेयर को नियुक्त करना compulsory रूप से आवश्यक होता है। इसलिए आप बीमा कंपनी से लिखित में एप्रूवड सर्वेयर का नाम व लाइसेंस नंबर की जानकारी माँगना। तब आपको पता चलेगा की बीमा कंपनी ने आपके क्लेम केस मे एक एप्रूवड सर्वेयर नियुक्त किया भी है या नहीं। कहीं ऐसा तो नहीं की बीमा कंपनी गलत तरीके से अपने कर्मचारी से यह गाड़ी का नुकसान आकलन करवा रही हो।
Protection of policy holders interest gazette notification 2017,-
15. CLAIM PROCEDURE IN RESPECT OF A GENERAL INSURANCE POLICY
1. An insured or the claimant shall give notice to the insurer of any loss arising under contract of
insurance at the earliest or within such extended time as may be allowed by the insurer. On receipt of
such a communication, a general insurer shall respond immediately and give clear information to the
insured on the procedures that he should follow. In cases where a surveyor has to be appointed for
assessing a loss/claim, it shall do so immediately, in any case within 72 hours of the receipt of
intimation from the insured. Insurer shall communicate the details of the appointment of surveyor,
""""including the role, duties and responsibilities of the surveyor to the insured by letter, email or any
other electronic form immediately after the appointment of the surveyor"""".
2. The insurer / surveyor shall within """"7 days of the claim intimation, inform the insured / claimant of the
essential documents and other requirements that the claimant should submit in support of the claim""""".
Where documents are available in public domain or with a public authority, the surveyor/insurer shall
obtain them.
3. The surveyor shall start the survey immediately unless there is a contingency that delays immediate
survey, in any case within 48 hours of his appointment. Interim report of the physical details of the
loss shall be recorded and uploaded/forwarded to the insurer within the shortest time but not later than
15 days from the date of first visit of the surveyor. """"A copy of the interim report shall be furnished by
the insurer to the insured/claimant, if he so desires"""".
4. Where the insured is unable to furnish all the particulars required by the surveyor or where the
surveyor does not receive the full cooperation of the insured,
"""" the insurer or the surveyor, as the case
may be, shall inform in writing to the insured under information to the insurer about the consequent
delay that may result in the assessment of the claim""" .
"""" It shall be the duty equally of the insurer and the
surveyor to follow up with the insured for pending information/documents guiding the insured with
regard to submissions to be made"""".
"""" The insurer and/or surveyor shall not call for any
information/document that is not relevant for the claim""""".
5.
(i) The surveyor shall, subject to sub-regulation 4 above, submit his final report to the insurer within 30 days of his appointment.
""""A copy of the surveyor’s report shall be furnished by the
insurer "to the insured/claimant", if he so desires"""".
Notwithstanding anything mentioned herein, in
case of claims made in respect of commercial and large risks the surveyor shall submit the final
report to the insurer within 90 days of his appointment. However, such claims shall be settled by the
insurer within 30 days of receipt of final survey report and/or the last relevant and necessary
document as the case may be.
(ii) Where special circumstances exist in respect of a claim either due to its special /
complicated nature, or due to difficulties associated with replacement/reinstatement, the surveyor
shall, seek an extension from insurer for submission of his report. """"In such an event, the insurer
shall give the status to the insured/claimant fortnightly wherever warranted""". The insurer may
make provisional/ on account payment based on the admitted claim liability.
6. If an insurer, on the receipt of a survey report, finds that it is incomplete in any respect, he shall
require the surveyor, under intimation to the insured/claimant; to furnish an additional report on
certain specific issues as may be required by the insurer. Such a request may be made by the insurer
within 15 days of the receipt of the final survey report.
Provided that the facility of calling for an additional report by the insurer shall not be resorted to more than
once in the case of a claim.
7. The surveyor, on receipt of this communication, shall furnish an additional report within three weeks
from the date of receipt of communication from the insurer.
8. On receipt of the final survey report or the additional survey report, as the case may be, and on receipt
of all required information/documents that are relevant and necessary for the claim, an insurer shall,
with in a period of 30 days offer a settlement of the claim to the insured/claimant. If the insurer, for
any reasons to be recorded in writing and communicated to the insured/claimant, decides to reject a
claim under the policy, it shall do so within a period of 30 days from the receipt of the final survey
report and/or additional information/documents or the additional survey report, as the case may be.
9. """" In case, the amount admitted is less than the amount claimed, then the insurer shall inform the
insured/claimant in writing about the basis of settlement in particular, where the claim is rejected, the
insurer shall give the reasons for the same in writing drawing reference to the specific terms and
conditions of the policy document""".
10. """In the event the claim is not settled within 30 days as stipulated above, the insurer shall be liable to
pay interest at a rate, which is 2% above the bank rate from the date of receipt of last relevant and
necessary document from the insured/claimant by insurer till the date of actual payment""".
19. GENERAL PRINCIPLES:
6. Any breach of the obligations cast on an insurer or distribution channels or surveyors in terms of these
regulations may enable the Authority to initiate action against each or all of them, jointly or severally, under
the Act and/or the Insurance Regulatory and Development Authority Act, 1999.
Hi Ashok Ji..
I watched ur video regarding vehicle total less.
Unfortunately my car got an accident and surveyor said that its a total loss. Now oriental insurance company is denying to give me the IDV claim. As per surveyor my previous policy IDV was less then the current one. I use to buy policy from policy bazaar so my previous policy made from New assurance company wherein the IDV was 572000/- and the current policy was taken from oriental insurance wherein the IDV is 686000/- now the surveyor is saying that the IDV value is higher then claim value and the previous policy value as well so he can't approve the claim. Now i don't know what to do and how to get claim? Your guidance would be highly appreciated sir.
You can contact me via my email I'd ashok.1224@rediffmail.com
Protection of policy holders interest gazette notification 2017,-
15. CLAIM PROCEDURE IN RESPECT OF A GENERAL INSURANCE POLICY
1. An insured or the claimant shall give notice to the insurer of any loss arising under contract of
insurance at the earliest or within such extended time as may be allowed by the insurer. On receipt of
such a communication, a general insurer shall respond immediately and give clear information to the
insured on the procedures that he should follow. In cases where a surveyor has to be appointed for
assessing a loss/claim, it shall do so immediately, in any case within 72 hours of the receipt of
intimation from the insured. Insurer shall communicate the details of the appointment of surveyor,
""""including the role, duties and responsibilities of the surveyor to the insured by letter, email or any
other electronic form immediately after the appointment of the surveyor"""".
2. The insurer / surveyor shall within """"7 days of the claim intimation, inform the insured / claimant of the
essential documents and other requirements that the claimant should submit in support of the claim""""".
Where documents are available in public domain or with a public authority, the surveyor/insurer shall
obtain them.
3. The surveyor shall start the survey immediately unless there is a contingency that delays immediate
survey, in any case within 48 hours of his appointment. Interim report of the physical details of the
loss shall be recorded and uploaded/forwarded to the insurer within the shortest time but not later than
15 days from the date of first visit of the surveyor. """"A copy of the interim report shall be furnished by
the insurer to the insured/claimant, if he so desires"""".
4. Where the insured is unable to furnish all the particulars required by the surveyor or where the
surveyor does not receive the full cooperation of the insured,
"""" the insurer or the surveyor, as the case
may be, shall inform in writing to the insured under information to the insurer about the consequent
delay that may result in the assessment of the claim""" .
"""" It shall be the duty equally of the insurer and the
surveyor to follow up with the insured for pending information/documents guiding the insured with
regard to submissions to be made"""".
"""" The insurer and/or surveyor shall not call for any
information/document that is not relevant for the claim""""".
5.
(i) The surveyor shall, subject to sub-regulation 4 above, submit his final report to the insurer within 30 days of his appointment.
""""A copy of the surveyor’s report shall be furnished by the
insurer "to the insured/claimant", if he so desires"""".
Notwithstanding anything mentioned herein, in
case of claims made in respect of commercial and large risks the surveyor shall submit the final
report to the insurer within 90 days of his appointment. However, such claims shall be settled by the
insurer within 30 days of receipt of final survey report and/or the last relevant and necessary
document as the case may be.
(ii) Where special circumstances exist in respect of a claim either due to its special /
complicated nature, or due to difficulties associated with replacement/reinstatement, the surveyor
shall, seek an extension from insurer for submission of his report. """"In such an event, the insurer
shall give the status to the insured/claimant fortnightly wherever warranted""". The insurer may
make provisional/ on account payment based on the admitted claim liability.
6. If an insurer, on the receipt of a survey report, finds that it is incomplete in any respect, he shall
require the surveyor, under intimation to the insured/claimant; to furnish an additional report on
certain specific issues as may be required by the insurer. Such a request may be made by the insurer
within 15 days of the receipt of the final survey report.
Provided that the facility of calling for an additional report by the insurer shall not be resorted to more than
once in the case of a claim.
7. The surveyor, on receipt of this communication, shall furnish an additional report within three weeks
from the date of receipt of communication from the insurer.
8. On receipt of the final survey report or the additional survey report, as the case may be, and on receipt
of all required information/documents that are relevant and necessary for the claim, an insurer shall,
with in a period of 30 days offer a settlement of the claim to the insured/claimant. If the insurer, for
any reasons to be recorded in writing and communicated to the insured/claimant, decides to reject a
claim under the policy, it shall do so within a period of 30 days from the receipt of the final survey
report and/or additional information/documents or the additional survey report, as the case may be.
9. """" In case, the amount admitted is less than the amount claimed, then the insurer shall inform the
insured/claimant in writing about the basis of settlement in particular, where the claim is rejected, the
insurer shall give the reasons for the same in writing drawing reference to the specific terms and
conditions of the policy document""".
10. """In the event the claim is not settled within 30 days as stipulated above, the insurer shall be liable to
pay interest at a rate, which is 2% above the bank rate from the date of receipt of last relevant and
necessary document from the insured/claimant by insurer till the date of actual payment""".
19. GENERAL PRINCIPLES:
6. Any breach of the obligations cast on an insurer or distribution channels or surveyors in terms of these
regulations may enable the Authority to initiate action against each or all of them, jointly or severally, under
the Act and/or the Insurance Regulatory and Development Authority Act, 1999.
Indian motor tariff 2002-
GR.8.
Insured‟s Declared Value (IDV)-
The Insured‟s Declared Value (IDV) of the vehicle will be deemed to be the „SUM INSURED‟ for the purpose of this tariff and it will be fixed at the commencement of each
policy period for each insured vehicle.
""""" The IDV of the vehicle is to be fixed on the basis of manufacturer‟s listed selling price of the brand and model as the vehicle proposed for insurance at the commencement of
insurance /renewal and adjusted for depreciation (as per schedule specified below)"""".
The IDV of the side car(s) and / or accessories, if any, fitted to the vehicle but not included in the manufacturer‟s listed selling price of the vehicle is also likewise to be fixed.
The schedule of age-wise depreciation as shown below is applicable for the purpose of Total Loss/ Constructive Total Loss (TL/ CTL) claims only.
A vehicle will be
considered to be a CTL, where the aggregate cost of retrieval and / or repair of the vehicle subject to terms and conditions of the policy exceeds 75% of the IDV.
The depreciation for replacement of parts in partial loss claims will be as per a separate schedule specified under GR.9.
SCHEDULE OF DEPRECIATION FOR ARRIVING AT IDV
AGE OF THE VEHICLE % OF DEPRECIATION FOR
FIXING IDV
Not exceeding 6 months 5%
Exceeding 6 months but not exceeding 1 year 15%
Exceeding 1 year but not exceeding 2 years 20%
Exceeding 2 years but not exceeding 3 years 30%
Exceeding 3 years but not exceeding 4 years 40%
Exceeding 4 years but not exceeding 5 years 50%
NOTE:
"""" IDV of vehicles beyond 5 years of age and of obsolete models of the vehicles (
i.e. models which the manufacturers have discontinued to manufacture) is to be
determined on the basis of an understanding between the insurer and the insured""""".
"""" For the purpose of TL/CTL claim settlement, this IDV will not change during the currency of the policy period in question""".
It is clearly understood that the liability of the
insurer shall in no case exceed the IDV as specified in the policy schedule less the value
of the wreck, in „as is where is‟ condition.
You should ask the final survey report copy from the Approved Surveyor and the insurance company.
As per Surveyor Regulations 2015-20.
CHAPTER IV
DUTIES AND RESPONSIBILITIES OF A SURVEYOR AND LOSS ASSESSOR
13. It shall be the duty of every Licensed Surveyor and Loss Assessor to investigate, manage, quantify, validate and
deal with losses (whether insured or not) arising from any contingency, and report thereon to the insurer or insured, as the case may be., All Licensed Surveyors and Loss Assessors shall carry out the said work with competence, objectivity and professional integrity and strictly adhere to the code of conduct as stipulated in these Regulations.
(1) The following, shall, inter alia, be the duties and responsibilities of a Surveyor and Loss Assessor:-
(i) Reg 20-(i)
""" Commenting on the admissibility of the claim and assessing the liability of the insurer as per the policy terms and conditions"".
(m) satisfying queries of the insured/insurer and of persons connected thereto in respect of the claim/loss;
(2) A surveyor or loss assessor whether appointed by insurer or insured, shall submit his report to the insurer as expeditiously as possible, but not later than 30 days of his appointment, """"with a copy of the report to the insured"""" giving his comments on the insured’s consent or otherwise on the assessment of loss. Where, in special circumstances of the case, either due to its special and complicated nature, the surveyor shall under intimation to the insured, seek an extension, in any case not exceeding six months from the insurer for submission of his report.
Mre pass acko company ne mail me 2 form send kye h net of salvage and acko company form
Please help sir. Mentally harrassed kar dia hai
Protection of policy holders interest gazette notification 2017,-
15. CLAIM PROCEDURE IN RESPECT OF A GENERAL INSURANCE POLICY
1. An insured or the claimant shall give notice to the insurer of any loss arising under contract of
insurance at the earliest or within such extended time as may be allowed by the insurer. On receipt of
such a communication, a general insurer shall respond immediately and give clear information to the
insured on the procedures that he should follow. In cases where a surveyor has to be appointed for
assessing a loss/claim, it shall do so immediately, in any case within 72 hours of the receipt of
intimation from the insured. Insurer shall communicate the details of the appointment of surveyor,
""""including the role, duties and responsibilities of the surveyor to the insured by letter, email or any
other electronic form immediately after the appointment of the surveyor"""".
2. The insurer / surveyor shall within """"7 days of the claim intimation, inform the insured / claimant of the
essential documents and other requirements that the claimant should submit in support of the claim""""".
Where documents are available in public domain or with a public authority, the surveyor/insurer shall
obtain them.
3. The surveyor shall start the survey immediately unless there is a contingency that delays immediate
survey, in any case within 48 hours of his appointment. Interim report of the physical details of the
loss shall be recorded and uploaded/forwarded to the insurer within the shortest time but not later than
15 days from the date of first visit of the surveyor. """"A copy of the interim report shall be furnished by
the insurer to the insured/claimant, if he so desires"""".
4. Where the insured is unable to furnish all the particulars required by the surveyor or where the
surveyor does not receive the full cooperation of the insured,
"""" the insurer or the surveyor, as the case
may be, shall inform in writing to the insured under information to the insurer about the consequent
delay that may result in the assessment of the claim""" .
"""" It shall be the duty equally of the insurer and the
surveyor to follow up with the insured for pending information/documents guiding the insured with
regard to submissions to be made"""".
"""" The insurer and/or surveyor shall not call for any
information/document that is not relevant for the claim""""".
5.
(i) The surveyor shall, subject to sub-regulation 4 above, submit his final report to the insurer within 30 days of his appointment.
""""A copy of the surveyor’s report shall be furnished by the
insurer "to the insured/claimant", if he so desires"""".
Notwithstanding anything mentioned herein, in
case of claims made in respect of commercial and large risks the surveyor shall submit the final
report to the insurer within 90 days of his appointment. However, such claims shall be settled by the
insurer within 30 days of receipt of final survey report and/or the last relevant and necessary
document as the case may be.
(ii) Where special circumstances exist in respect of a claim either due to its special /
complicated nature, or due to difficulties associated with replacement/reinstatement, the surveyor
shall, seek an extension from insurer for submission of his report. """"In such an event, the insurer
shall give the status to the insured/claimant fortnightly wherever warranted""". The insurer may
make provisional/ on account payment based on the admitted claim liability.
6. If an insurer, on the receipt of a survey report, finds that it is incomplete in any respect, he shall
require the surveyor, under intimation to the insured/claimant; to furnish an additional report on
certain specific issues as may be required by the insurer. Such a request may be made by the insurer
within 15 days of the receipt of the final survey report.
Provided that the facility of calling for an additional report by the insurer shall not be resorted to more than
once in the case of a claim.
7. The surveyor, on receipt of this communication, shall furnish an additional report within three weeks
from the date of receipt of communication from the insurer.
8. On receipt of the final survey report or the additional survey report, as the case may be, and on receipt
of all required information/documents that are relevant and necessary for the claim, an insurer shall,
with in a period of 30 days offer a settlement of the claim to the insured/claimant. If the insurer, for
any reasons to be recorded in writing and communicated to the insured/claimant, decides to reject a
claim under the policy, it shall do so within a period of 30 days from the receipt of the final survey
report and/or additional information/documents or the additional survey report, as the case may be.
9. """" In case, the amount admitted is less than the amount claimed, then the insurer shall inform the
insured/claimant in writing about the basis of settlement in particular, where the claim is rejected, the
insurer shall give the reasons for the same in writing drawing reference to the specific terms and
conditions of the policy document""".
10. """In the event the claim is not settled within 30 days as stipulated above, the insurer shall be liable to
pay interest at a rate, which is 2% above the bank rate from the date of receipt of last relevant and
necessary document from the insured/claimant by insurer till the date of actual payment""".
19. GENERAL PRINCIPLES:
6. Any breach of the obligations cast on an insurer or distribution channels or surveyors in terms of these
regulations may enable the Authority to initiate action against each or all of them, jointly or severally, under
the Act and/or the Insurance Regulatory and Development Authority Act, 1999.
Sir यदि गाड़ी total loss हो रही है तो RC और road tax का refund insurance company लेगी या car owner लेगा
वाहन का पंजीकृत मालिक ही refund ले सकता है।
If the company use the legal terms pre judice which means it's an offer but not yet is acceptable too.
Prejudice-
In simple language Prejudice meaning is like a unbiased / impartial act.
Sir me bhi fas gaya hun meri gadi sell krwa di Mera lone clear nhi ho pa rha h
Cholamandalam insurance me bhi ye sab jazdaa ho raha haii customer issase bhahut pareshan hai
mera b bhot koshish kie CTL Dene ka but ek mail kia mene sab line pe aa gye chola wale
Sir aapne mail kha Kiya
Me bhi bahut paresan ho rha hu ense @@anshul8502
Sir surveyor se bat karke pta chala hai k unhone suspect case me investigation k liye claim refer kar dia hai. Jabki mene car k sath apni photo , video, story sab provide kia tha fir bhi further investigation k liye dal dia hai.
Estimate 1.5 lakhs ka lagaya hai. Aur loaner car ki request ko hold kar di hai aur bola hai ki jab tak claim approval nhi aa jata final investigation k baad tab tak as per policy loaner car bhi provide nhi karenge. Bahot pareshaan kar dia hai.
Mene surveyors ki report Maruti se mangi but abhi tak nhi report share kari
AAP EMAIL KRO SURVEYOR KO AUR CC PE INSURER CUSTOMERCARE KA EMAIL DALO
AUR PUCHO KI JAB MERA CASE PE HAR PROOF WITH PHOTO VIDEO AVAILABLE HAI TOH ACC. TO MOTOR VEHICLE ACT MUJHE BEYOND DOUBT PROOF KARNE KI JARURAT NI H TO KAHE KI FURTHER INVESTIGATION
how to ask for compensation of days they have taken after 30 grace period and how to make the employee apologize for rough behavior sir please make video in this
Sir apna mobile no dijeya hum Bihar sey hai
आप मुझे मेरी ईमेल I'd ashok.1224@rediffmail.com पर ईमेल करके मेरी contact details ले सकते है।
Sir mujhe bhi bahot jyada pareshaan kar dia hai. Meri car palat gayi kheto me.Har roz kehte hai k Aaj survey ho gya hai kal approval aa jayega lagatar 4 din se same bat bol rahe k Aaj survey ho gya ha. Mene kal email kar di GM ko to aaj wats app group par likh dia k ab insurance k investigation me jayegi
सर, नमस्कार । मेरी भी यही प्रोब्लम है। मोटर साइकिल की I.D.V. पॉलिसी के अनुसार 37,405/= है। बाइक रिपेयर का खर्च वर्कशॉप के एस्टीमेट के अनुसार 44,000/= का है। सर्वेयर मुझे कह रहा है की ये गाड़ी रिपेयर के लायक है और रिपेयर ही होगी। में कहता हूं कि रिपेयर कोस्ट आईडीवी से ज्यादा है इसलिए इसे टोटल लोस करो। ये पॉलिसी आईसीआईसीआई LOMBARD की है । मैने वहा भी शिकायत की। उनकी भी यही भाषा है। आप सर कृपया ये बताए कि ये किस नियम के तहत टोटल लोस का मामला है । बस नियम बता दे तो आपकी मेहरबानी होगी सर। लड़ाई में लड़ लूंगा सा।
धन्यवाद सर।
बीमा पालिसी अनुबंध/ Indian motor tariff 2002 के अंतर्गत General Regulation 08, मे लिखा है कि यदि वाहन का रिपेयरिंग खर्च IDV के 75% से अधिक है तो वाहन constructive total loss होगा।
लेकिन अक्सर बहुत से लोग वाहन के इस रिपेयर खर्च की जगह इसको partial loss basis क्लेम मानकर बीमा कंपनी की Net liability के आधार पर constructive total loss का निर्धारण करते है।
I am sharing one decision-----Very Important & true decision for:-
Constructive Total Loss & Aggregate cost of retrieval and /or repair of the vehicle
A s per Indian Motor Tariff:-
The insured vehicle will be treated as a CTL if the aggregate cost of retrieval and / or repair ""of the vehicle"", subject to terms and conditions of the policy, exceeds 75% of the IDV of the vehicle.
Complaint No.IO(CHN) 11.07.1058 / 2010-11
Award no-IO(CHN)/G/27/2010-11 dated30thJuly2010 (Motor)
MrB.S.Rajasekar
vs
Tata AIG Gen Ins Co Ltd ----------------------------------------------------------
The complainant had insured his car with the above insurance co for a sum insured of rs 2,71,107/-from 25.06.2009 to 24.06.2010 and the car was heavily damaged due to an accidental fire on 14.11.2009.The insurer has agreed to settle the claim on repair basis as assessed by the surveyor for rs1,26,836/ and while assessing the loss the surveyor has applied depreciation on various parts which require replacement.-
The complainant had sought the claim to be settled on the basis of constructive Total loss since the aggregate cost of retrieval and /or repair of the vehicle before applying depreciation on various parts as mentioned in the survey report exceeds 75% of the IDV as per GR8 of the IMT.The insurer had mentioned that the surveyor has assessed the loss on repair basis for rs 1,26,836/- which is within 75%of the IDV and hence the claim could not be considered as a CTL as demanded by the insured.
The insured had stated that he had already depreciated the cost of the vehicle to arrive at the IDV of Rs2,71,107/-and the insurer is again applying depreciation on parts for the purpose of deciding the eligibility for constructive total loss settlement.
The insurer had argued that since the cost of repair or retrieval did not exceed 75% of IDV the claim could not be considered as constructive total loss.They are agreeable for settlement on repair basis.From the records it is observed that there is no dispute in fixing up the IDVfor the vehicle at the time of inception of the policy and only dispute is about the application of depreciation 39 on parts while determining whether the loss has to be assessed on total loss basis or not.
The policy wording state as “The insured vehicle shall be treated as CTL if the aggregate cost of retrieval and /or repair of the vehicle subject to terms and conditions of the policy exceeds 75%of the IDV of the vehicle.”Nothing specific is mentioned about application of depreciation in case TL/CTL and merely mentions “subject to terms and conditions of the policy”This is very vague. Though the insurer has no contractual obligation to accept the insured’s desired mode of settlement ,judging from the severity of damages to the vehicle and also the fact that the cost of retrievel/repairof the vehicle as per estimate exceeds 75%of IDV,the insured is justified in seeking settlement on constructive total loss basis.Considering all the factors the decision of the insurer in considering the claim only on repair basis is not correct and hence they are directed to settle the claim on total loss basis subject to terms and conditions of the policy.
The complaint is allowed.
Case No. GI/297/ICICI Lombard/10 In the matter of
Capt. Jagpreet Singh
Vs
ICICI Lombard General Insurance Company Limited,
AWARD dated 02.12.2010 - Non-settlement of motor claim
1. This is a complaint filed by Capt. Jagpreet Singh (herein after referred to as the complainant) against the ICICI Lombard General Insurance Company Limited (herein after referred to as respondent insurance company) in respect of nonsettlement of motor claim.
2. The complainant stated that he had followed many channels from last five months and written letters to almost every Department, however, he was left with no choice but to write to this office to get his complaint redressed. He submitted that he was driving his Hyundai i10 No. DL-4CAV3556 and met with an accident on 12.03.2010 at Jalandhar Highway and was admitted in Military hospital, Jalandhar. On 15.03.2010, his parents approached the Branch Office of the insurance company at Jalandhar and told the Branch Manager to take action. However, no action was taken by them; instead his parents arranged for towing of vehicle and brought it to Goyal Automotive Ltd. Jalandhar on 24.03.2010 along with FIR report and other necessary documents required for the claim.
The customer service manager of the insurance company along with the representative of the Goyal Hyundai surveyed the vehicle and dismantled the vehicle without his permission and without informing his parents. He submitted that estimate was made and first estimate was different from the subsequent estimate. The vehicle was declared as total loss.
The claim settlement form was sent to him in the hospital and the same was signed by him. He was informed in the hospital itself that vehicle is a total loss and the company was informed of this fact. a. However, when he had taken leave and came to show room on 10.05.2010, the representative of the company started explaining and giving excuses that his vehicle was under repair. He had seen the vehicle which was without engine, roof-top and both right and left side doors. He enquired about the estimate sheet from the representative of the insurance company, he was informed that the same was sent to the head office and the same cannot be shown to him.
He submitted further that he sent complaints to headquarters Delhi and Mumbai and sent them grievance 68 times still the insurance company was showing unfettered and delusory attitude and his parents were misled and harassed by the employees of the company. After 5 months also, nothing has been done for his vehicle and he was also incurring substantial daily losses due to the delay and his parents were also facing difficulties to go every time from Delhi to Jalandhar. He is an army officer and is doing duty at difficult locations. It is very difficult for him to come to Delhi frequently. He requested that his claim be got settled at an early date. He stated during the course of hearing that the accident was so serious that he was badly injured and the vehicle was damaged to the extent that it was a fit case to declare the total loss case. He submitted and admitted that he was not in a position to sign and consent for repairing the vehicle was taken from his mother. As a matter of fact, his parents were not well versed. He wanted to convey that consent was taken in a fraudulent manner on 16.04.2010 getting the vehicle repaired. He also submitted that the company had stated wrongly that the vehicle was repaired and ready for delivery since 30.04.2010 vide letter dated 22.07.2010. He was also informed vide letter dated 15.07.2010 that the company is making the payment of Rs.1,49,711/- directly to the workshop and the balance amount is to be paid to the garage while taking delivery of the vehicle.
3. The insurance company had given written reply dated 26.10.2010 wherein it has been submitted that the complainant had taken the motor insurance policy No.3001/57252193/00/000. The insured vehicle met with an accident on 14.03.2010. Subsequently claim was filed with the company. The vehicle of the complainant has already been repaired after receiving the consent from the complainant’s end and a payment is already made to the garage as per the survey report. It has been mentioned in the reply that since claim has been settled, the company is absolved of its liability.
4. I have very carefully considered the submissions of the complainant and have also perused the reply of the company as placed on record. After due consideration of the matter, I hold that due to accident, the insured vehicle was damaged to the extent that it ought to have been a case of total loss. Policy holder was given the impression by the officials of the company while he was in the hospital that it was a case of total loss and the office of the company was informed accordingly.
It is not understood as to why the original estimate was not handed over to the policy holder maybe due to the fact that the original estimate was much more than the subsequent estimate and may be the original estimate was so much that it could have easily be made a case of total loss.
I find that the consent for so called repair was taken on 16.04.2010 where the company wrote a letter dated 22.07.2010 to the policy holder that his vehicle was ready after repair for delivery since 30.04.2010. It is not possible to repair a damaged vehicle to the extent it was in this case to repair it within a fortnight. Moreover when the policy holder visited the site on 10.05.2010, the vehicle was under repair and its different parts were lying separate such as engine, body cell etc. If the vehicle was not repaired till 10.05.2010 then why the company wrote on 27.07.2010 informing the complainant that its vehicle was ready for delivery on 30.04.2010. It is also not understood the reasons for not submitting the original estimate to the policy holder and if original estimate was made prepared then why the subsequent estimate got prepared?
It was prepared deliberately so that it could be a repairable case. The vehicle was owned by an army man. Having due regards to the circumstances of the case, in my view, it appears to be a fit case where the compensation is to be awarded on the basis of total loss case.
"""" The company had deliberately made it a case of repair case whereas it was a fit case of total loss case""""".
Accordingly, Award is passed with the direction to the insurance company to make the payment of IDV of the vehicle to the policy holder amounting to Rs.3,44,242/- less policy excess clause of Rs.500/- while keeping the repaired vehicle with it.
5. The Award shall be implemented within 30 days of receipt of the same. The compliance of the Award shall be intimated to my office for information and record.
6. Copies of the Award to both the parties.
Case No. GI/30/ICICI Lombard/10 In the matter of
Shri Amit Luthra
Vs
ICICI Lombard General Insurance Company Limited
AWARD dated 03.12.2010 - Repudiation of motor claim
1. This is a complaint filed by Shri Amit Luthra (herein after referred to as the complainant) against the ICICI Lombard General Insurance Company Limited (herein after referred to as respondent insurance company) in respect of repudiation of motor claim.
2. The complainant stated that his vehicle Chevrolet Spark car No.DL 2C AJ-1766 met with an accident on 31.05.2009 with Innova having registration No.RJ-14 TA-1599 from front side due to rash and negligent driving of the said vehicle driven by Surender Mohan Shukla. His vehicle was being driven by Shri Shyam Sunder who was having valid license. Occupants of the vehicle were seriously injured when the car met with an accident. The insurance company was immediately intimated about the accident and motor claim form was filed No.P18240577 claiming the indemnification in the respect of the total loss sustained by the insured vehicle. The accidental vehicle was towed by Aditya Breakdown Services to the Triumph Motors from the accident site of which the charges have been paid which amounted to Rs.3198/-. The vehicle has been sent to Triumph Motors, authorized dealer of Chevrolet Spark for assessing the loss sustained in the accident.
The said repairer after scrutinizing the damages prepared the estimate at Rs.2,58,201/- which is more than 75% of the Insured Declared Value of the vehicle amounting to Rs.3,13,200/-. As per the estimate of the repairer, it was informed by the insured company that it will settle the claim as total loss basis because the vehicle has been damaged more than 75% of the IDV.
It was further stated that the company had discussed, calculated and assessed the loss and it came to the conclusion that the vehicle sustained damages to the extent that it would be a as total loss and there was no need to get the vehicle repaired as it is the case of total loss and the insurance company will pay the insured declared value and retain the salvage.
He had visited several times to the office of the insurance company for issuance of survey report and the payment of the claim because the complainant was suffering from severe financial loss and problem of transportation for the last so many months.
But despite several attempts made by him,
"""" the company had not settled the claim nor had given the copy of the survey report""""".
Whenever he approached the company, he was told that the claim is under consideration and amount of the claim would be paid. It has been stated by him that the vehicle has been damaged to that extent that it would be only a case of total loss and company ought to have settled the claim only on that basis.
But the fact remains that the claim has not been settled so far. He requested this forum to direct the insurance company to make payment of IDV. He further demands award of compensation for harassment and mental pain and also cost of litigation. During the course of hearing, it was stated by him also that the vehicle was repaired though the same was not repairable by the insurance company and he had been demanded Rs.70,000/- to get the repaired vehicle.
The repairing amount is stated to have been paid by the insurance company. He submitted that he had never given the consent for repair the vehicle and he is, therefore, not in a position to take the vehicle after making payment of Rs.70,000/-.
He insists that since the vehicle was damaged to the extent that it could have been a case of total loss and the company be directed to pay the IDV of the vehicle.
3. No written submissions were placed on record on behalf of the company. However, representative of the company attended the hearing on 27.10.2010, 01.11.2010 and on 11.11.2010. During the course of hearing, the representative of the company was specifically required to produce the letter of consent given by the owner of the vehicle for repairing the damaged vehicle. On 11.11.2010, the representative of the company was given one week time to produce the consent letter from the owner of the vehicle for repairing the vehicle but the same was not produced. I am given to understand that the company is not in a position to produce the consent letter of the owner of the vehicle for getting the vehicle repaired. It was further stated by the representative of the company that it had already paid repairing charges to the authorized dealer and the owner of the vehicle may receive the vehicle after paying the balance amount (Rs.70,000/-).
4. I have considered the submissions of the complainant very carefully and have also considered the verbal arguments of the representative of the company. After due consideration of the matter, I hold that the insurance company was not justified in repairing the vehicle at the authorized dealer without consent of the owner of the vehicle. Since the owner of the vehicle had not given consent for repairing the damaged vehicle, the policy holder was not responsible for the repair. As is evident from the estimate of the repair by the authorized dealer, it was more than 75% of the IDV. Moreover, the vehicle was damaged to the extent that it appears to be a fit case for total loss. This fact is proved by the fact that the repair cost was estimated at Rs.2, 58,201/- which is more than 75% of the IDV. More than 200 parts of the vehicle were repaired/ replaced while repairing the vehicle.
One can very well assume that the vehicle was damaged to a great extent. During the course of discussion with the owner of the vehicle, the company’s official has given the impression that the case will be settled on total loss basis and he would be compensated accordingly. One fails to understand as to how the company agreed to make the payment of repair when no consent was given by the owner of the damaged vehicle.
In my considered view and in view of the fact that the cost of the repair has been estimated more than 75% of the IDV, it appears to me a fit case to take it as a total loss and compensation to the owner of the vehicle is awarded accordingly.
Accordingly, award is passed with the direction to the company to make the payment of IDV to the policy holder less policy excess clause and take the possession of the vehicle. The company is further directed to make the payment of penal interest @ 8% from the date after three months of accident to the date of actual payment.
5. The Award shall be implemented within 30 days of receipt of the same. The compliance of the Award shall be intimated to my office for information and record.
6. Copies of the Award to both the parties.
बहुत बहुत आभार आपका और बहुत बहुत धन्यवाद आपको अशोक सर। में कई दिनों से उस नियम की जानकारी चाहता था परंतु मुझे वो चीज ही नहीं दिखी थी जो सर आपने भेजी । वो भी पूरी जानकारी उदाहरण सहित । सर मैं आपको ह्रदय से धन्यवाद देता हूं सर। एक बार फिर से धन्यवाद और आभार सर।
👍🙏
Sir अपका no दो PLZ
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Aapka n.h to plzz gide kre
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Sir meri gaadi accident hua 3 month ho gaye he lekin company kabhi bolti he buyer le jayega bolke 1.5 month nikal diya ab bol rahe he vo nahi ayege ab bol rahe he company apko payment karegi so sir no idea kese deal karu so sir pls share your contact information 🙏🙏
ashok.1224@rediffmail.com
Sir contact number
ashok.1224@rediffmail.com
Send email sir
ashok.1224@rediffmail.com
Sir please apna number send krna mre gadi ko total loss kr rhe h ivd 300000 or repair cost 295000
ashok.1224@rediffmail.com
hi sir i want your help contact number plese
@@smd.ilyasshaik8252
You can get my contact details by sendind email on my email id ashok.1224@rediffmail.com .
Same issue sir mare sath bhe h Please provided me your Contact Number
ashok.1224@rediffmail.com
Same things happening me kindly help me sir
ashok.1224@rediffmail.com
Same things happening me kindly help me sir