In case of an accident that’s not your fault and where the third party refuses to compensate for injuries or damages, you might be forced to make claim against their third-party insurance to get compensation. However, making a claim against someone else’s third party car insurance is a little different from claiming compensation against your own comprehensive policy. Keeping this in mind, the following article will throw light on the third party claim process to ensure you know exactly what to do when the situation does arise.
Why not just make a claim against your own insurance policy.
If you have a comprehensive car insurance policy, you have the option to make a claim against your own policy to get compensation. However, if the accident is not your fault, it does not make sense to throw away any NCBs you’ve collected & add to your claim history. Third party insurance is mandatory because in such cases, it is the liability of the third party to cover damages & injuries you incur – which is why you should make a claim against their third party insurance, and not against your own policy.
So how do you make a claim?
Just like a comprehensive car insurance policy, the first step would be to inform the police and register an FIR. Remember to stay calm and give a proper report of the incident to the police. See if you can hold onto anyone who witnesses the accident and can concur that it was the third party’s fault. Try and have them present when recording a statement.
Find a lawyer.
Once you’ve got the FIR registered, you will need to find a lawyer to register the case in the Motor Accident Claims Tribunal. The case can be filled in the Claims Tribunal under whose jurisdiction the accident occurred or under whose jurisdiction the plaintiff or defendant resides.
Leave it to the court.
The court will hear both sides of the argument. They will review any evidence at hand and listen to any witness statements. Once they arrive at a consensus, the amount of compensation will be declared. The third party’s insurance provider will be liable to pay whatever the court deliberates.
Your other option – subrogation.
This is where you approach your insurance provider, only if you have comprehensive insurance, and request them to fight the case for you. If your insurance company accepts your request, they will proceed to approach the third party’s insurance company to get compensation for your losses.
So, as you can see, the third party car insurance claim process is a little different from a normal claim. However, if you know your options and have a rough idea of the process, you will be in a better position to handle things. For more information or clarity regarding any of the pointers in this article, make sure you contact your insurance provider – they should be able to offer a better explanation of the same.
We hope this article has been helpful, good luck and drive safe!