My car (Mahindra Scorpio) was stolen on 25th July 2016.FIR no. 270/16 at the MHB police Station.(Borivali). I applied for the theft claim same day and was told it will be processed after i submit the No trace letter. The police station was fast to give the A - FInal copy to court but I waited for 1 year WITH REGULAR FOLLOWUPS to court for the no trace letter, But it was not done. On 1st August 2017 the car was found in Gogunda, Udaipur. I do not want the car as there is a big smuggling case on it.(376kg opium(Haffiem). Insurance says they will not give the theft claim amount as car was found. I have been to udaipur to check on the car, the condition is bad with windows broken and seats missing and dents and scratches and there is a major Smuggling case on the same. I was told that i will have to sign an undertaking, give a guarantee and that i will not sell the car and whenever the case comes up in udaipur i will have to take the car there. If i fail to do so there will be a notice issued to me for hiding evidence that can lead to arrest. I do not want the car and want the insurance to give me the theft claim. Insurance says it is no longer a theft as the car is found and say they will process only the damage claim. I have told them that it has been 2 years now, but they are adamant with their decision. Please help me get my hard earned money back. Help From Lawyers from - Mumbai and also from Rajasthan
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Send a legal notice escalating your grievances and seeking forthwith processing of your theft claim, which needless to say you must have already moved before the Insurance Co.
If the legal notice fails to help, you are advised to approach the consumer forum.
Hello,
If the claim is not being processed then immediately send them a legal notice for processing the claim.
If they do not do the needful then move to the consumer forum before the expiry of the limitation.
Regards
1) insurance company is correct that as car has been found it is no longer a theft case
2) you would be reimbursed the damage caused to the car
Hi, the insurance company will not pass a theft claim but only damages can be compensated by them .. If you are not satisfied by the claim they are giving , you can approach consumer forum
Dear Client,
Theft claim in not possible, Insurance also must have expired. Only remedy available is through court.
Need full detail of ur case.
Hi
The stolen property has been recovered, so it is no more a theft case. Still
1. Send a legal notice to the insurance company for processing your claim .
2. If the legal notice does not work out then file case in Consumer Forum.
Thank You
Respected sir ...
You have to give a legal notice to the insurance company that it is your duty to maintain the said vehicle within the time period of insured ...Sir you can claim to consumers court and than the court will order it to maintain ...That is only the way to get your vehicle get in same position...As you had left it at last position...
Thanku
Thanks for your Response - I have been to Udaipur with a Police personnel to check on the procedures and i was told that it is next to impossible to complete all the requests i was asked for. 1 - i would need a guarantor from Rajasthan who would sign and take on the blame if i am asked to present the car again. - (I do not know anyone there.) 2 - Give a undertaking to court that i will not sell the car. - (Does not make sense) 3 - produce the car before court as and when the case comes up. - (Impossible to drive up and down 1500kms everytime) 4 - renew the insurance before i start the court proceedings. (for what, to keep the car with the government and waste money) 5 - 6 - 8 days court process after which the car will be given to me and then i have to submit the car to Mumbai policeand then reclaim it from Mumbai court. ( this process takes 6 - 8 months is what was told to me by Mumbai police) Do you think it is right from an individuals side to do these things. Its not worth the pain to reclaim the car and be stopped at every nakabandi when i am with family as the car will be blacklisted for ever and i cant even sell it. Why will i take the car that comes with soo many conditions. I need to get the insurance company to pay me as it has been more than 2 years now and the car took 1 year to trace. Is there any way i can claim this and get the IDV value from insurance. I know you all said that i need to claim own damage. but how will i claim own damage when the procedures to get the car itself is soo difficult. it will take years till then i wonder if the car will work. Let me know the way forward. Thanks in advance.
I have been to Udaipur with a Police personnel to check on the procedures and i was told that it is next to impossible to complete all the requests i was asked for.
1 - i would need a guarantor from Rajasthan who would sign and take on the blame if i am asked to present the car again. - (I do not know anyone there.)
2 - Give a undertaking to court that i will not sell the car. - (Does not make sense)
3 - produce the car before court as and when the case comes up. - (Impossible to drive up and down 1500kms everytime)
4 - renew the insurance before i start the court proceedings. (for what, to keep the car with the government and waste money)
5 - 6 - 8 days court process after which the car will be given to me and then i have to submit the car to Mumbai policeand then reclaim it from Mumbai court. ( this process takes 6 - 8 months is what was told to me by Mumbai police)
Above all is a process of just a week or less - carry certified copy of order and originals papers, no police can dare to hold ur pass on highways. surety not an issues , for more clarification contact.
frankly when the car has been traced insurance company will not pay you for theft of the car .
at most you can claim repair cost of the car
it is true that claiming the car is a cumbersome procedure and you need a guarantor from rajasthan and it is difficult to travel 1500 kms as and when case comes up for hearing
Hi
File a petition in consumer court for taking IDV from insurance company.
Yes you explained the process of superdari to get the car released , it would be hectic for you as Mumbai and Udaipur are at a notable distance.
My advice donot get the car from police let it be there and make your claims in consumer forum. Also complaint about the concerned Mumbai police for not giving you the No Trace certificate for a long duration of 4 years.
Thank You
If the car has been found by the police then you will not get the claim from the insurance company.
The only way is to get the car from the police process and then sell it off.
Regards
If you plan to take the Insurance company to court of law for this, you can very well go ahead by first issuing a legal notice demanding replacement of the vehicle owing to its present condition, but if the rules do not permit for replacement especially in the event of the pendency of the criminal case, then you may have to go by the court verdict.
It is unfortunate that you have to face difficult and hardships in this situation, but that is law, one cannot expect to go against the law.
However you can insist the police at Mumbai, from where you lost the vehicle, to fetch the car back to Mumbai instead of you going to that place and face all that hardship to bring back the car, you can petition the city commissioner of police and ask his suggestions in this regard for reliefs, if anything possible.
Legally, you may not get any solace from this critical situation.