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My brother hit a lady. It was a minor accident as he had applied sudden brake. In consequence of this he had to appear before the court and he pleaded "guilty" and was let off with a fine of 200/-. Now she has filed for compensation. We have the third party insurance.The owner of the vehicle is my sister in law (his wife). Will it pose any difficulty to us as the driver and owner is not the same ? Can the insurance company evade their responsibility because of this reason? Is it necessary that we should refund to the insurance company any compensation paid to them?

2007-08-01 06:29:09 · 6 answers · asked by Nitha 1 in Politics & Government Law & Ethics

6 answers

The insurance companies are very clever in such cases. Firstly the third party insurance usually covers these: 1) any permanent injury / death to a person caused by your car.
2) Any damage caused to the property (excluding vehicle) of some other individual by your vehicle.
In any of the above events, the insurance company will be fully liable to the person suffering such a loss. In your case the injury suffered is not permanent but only temporary or minor as the amount of fine of Rs200/- only specifically proves this. Secondly What if someone else was driving at the time of the accident? Is that person covered by owner's policy? Insurance companies state if the person driving the vehicle is a valid license holder, the vehicle is insured for all the accidents that occurred due to the hazards specified. To insure the person driving the vehicle, who is not the owner; an additional personal accident cover has to be taken for unnamed passengers. Now first you have to check whether this additional personal accident cover was taken by the owner in the said third party insurance or not. If it has been taken then check if the third party insurance covers the minor or temporary injuries in this policy or not. If both these things are covered then you can always claim the compensation paid to the person injured in this accident otherwise the insurance company will refuse paying such a claim to you or to the party directly in this case.

2007-08-01 19:09:15 · answer #1 · answered by vijay m Indian Lawyer 7 · 3 1

As long as the insurance policy is valid, person driving had a valid driving licensce, was not under influence of alcohol / drugs etc, you have nothing to fear absolutely.

With this assumption ok, ready further:

Owner and person driving can be differant (usually is when you hire a driver - inst it).

All claims have to be defended by the insurance company.

Simply pass on the notice to the insurance company to defend. All claims are to be paid by insurance and you have no liability whatsoever.

Do not beleive any advice to the contrary.

2007-08-01 06:45:57 · answer #2 · answered by Anonymous · 0 1

i don't think of there is this way of element as a attainable third party. that's regrettably, yet maximum go in and pull a lever and little or no concept is going into it. mutually as on the exterior it would sound like a good element, it would in basic terms reason greater issues then it would resolve. For one element if no party had a majority in congress it would set off off larger payoffs to the swing votes to get law with the aid of. it would additionally complicate and water down the vote so as that perhaps a greater effective candidate could not get elected because of the fact it would cut up the vote 3 techniques particularly of two. So in my opinion no united states of america of america isn't waiting to have a third party.

2016-10-13 09:11:39 · answer #3 · answered by Anonymous · 0 0

The insurance company will not offer you any help in this matter, and you alone will have to bear all the expenses. The insurance company has full right to evade their responsibility

2007-08-01 06:39:14 · answer #4 · answered by Anonymous · 0 0

That is why they had third pary insurance, if they do not pay sue them, they must, a ticket does not presume responceibility

2007-08-01 06:36:52 · answer #5 · answered by Scott B 4 · 0 1

your sister and you are liable..Iinsurance company will not pay to your sister in law

2007-08-01 06:42:54 · answer #6 · answered by suhana 3 · 0 1

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