• Vehicle insurance related

Can a insurance company under the standard policy wording is liable to cover a claim made when a foreign citizen who is legally able to drive the vehicle is involved in an accident, for:

 1. Third party property
 2. Third party personal injury
 3. Insured vehicle
 4. Insured vehicle passengers and driver
Asked 7 years ago in Civil Law

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8 Answers

If the vehicle is insured and third party insurance is taken in that case even in case of foreign citizen having a valid license to drive in India the , insurance company shall cover all the claims of thrid party . Including the third party body and property injury the insured vehicle and passenger and driver.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

It covers your legal liability for the damage you may cause to a third party only - bodily injury, death and damage to third partyproperty - while using your vehicle. ... Under your third party insurance, a third party can file a claim for compensation for injury, death, property damage caused by your car.


The coverage of a car insurance differs from plan to plan. You will have to read policy related documents carefully to understand what your car insurance covers. Always make sure that you read the exclusions section in your car insurance policy document as it highlights the things that your insurer won’t cover.

Generally, if you have chosen a third-party liability car insurance, your insurer will cover the damages caused to the third-party involved in the accident. This includes the expenses involved in repairing the car, any medical expenses, legal charges if any, and compensation amount paid the victim. However, few insurance companies do not cover all this in their basic plan. Please check with your insurer as to what they cover.

If you have a comprehensive car insurance policy, the insurance company will pay the third-party liabilities and also take care of the expenses involved to repair the damages caused to your car. Also, the insurer will pay for the medical expenses that you ,may incur due to the accident.

Your insurance coverage also depends on the add-ons that you have selected while purchasing the policy. Add-on riders can be purchased by the policyholder of they are looking for additional protection. In case of an accident or when you submit the claim, the insurer will check if you have any add-ons that you can use and then process the claim. Some of the most popular riders are quick assistance on road, engine and electronic circuit cover, no-claim bonus protection, personal accident cover, and daily cash allowance cover.

Please note that most of the insurers do not cover the following:

  • Damage caused by a person driving without a valid driving license
  • Mechanical or electrical breakdown of the car
  • If the accident is caused by a person driving under the influence of liquor or any other drugs
  • Depreciation of the car (Unless you have an add-on that covers this)
  • Damage to tyres

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Hello,

1) Yes, the Insurance company will be liable to cover the losses to  Third party property, third party personal injury, Insured vehicle and  Insured vehicle passengers and driver even if the driver was a foreigner. The criteria is that he should have been possessing a driving license valid in India. If the phrase "legally able" takes care of it the insurance company is liable to pay.

2) It is noteworthy that the standars wordings do not specifically state anything about the citizenship of the person at te wheel at the time of the accident and therefore it can not form a reason for denial of the claims made.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

insurance compnay is liable to cover claim made when foreign citizen is involved in accident for insured vehicle , pasengers , driver, third party proeprty etc

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

There are different benefits which has been given by Insurance Companies in India for their customers so please if you buy or have a policy in hand then go through the conditions put on the bond nothing can be given out of that, person should have valid driving licence.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

No insurance claim if vehicle is run without license. 

Insurance company can be held liable only if driver holds valid driving licence to drive the vehicle at the time of accident.


Citation:

The ICICI Lombard General Insurance Company Ltd., 140, Chotta Boy Centre, Nungambakkam Road, Chennai-600 034. ... Appellant

Vs...

1)Annakkili 2)Siluvaimani 3)Pakkiaraj 4)Dingumani 5)Selvarani 6)Minor Kanagaraj (Minor is represented by his mother and next friend 1st respondent) 7)P.Sudhakar ... Respondents




 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

The insurance is taken on the bank allowed on the foreigner so who you are where is driving the vehicle must possess a valid driving licence in India to lodge ant complaints with the insurance company for the damage.

Any Insurance claim for the passengers in the car is dependent on the policy conditions and the element of inclusion of this in the policy

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Whether the foreign citizen or an Indian, if there is a road traffic accident involving vehicles and injuries to the dirver or third parties, the claim can be settled as per the policy terms and conditions.

You may go through the policy papers for the insurance  coverage.

Any losses arising due to damages or injury caused by the insured to a third party or third party's property, are covered under the third party vehicle insurance policy. As per the Indian Motor Vehicles Act, a third party liability cover is a must and a basic requirement under a vehicle's insurance policy.

Third party, or third party fire and theft insurance policies don't cover the cost of repairs on your own vehicle if you're involved in a car accident, however they will cover the cost of any damage caused to other vehicles or property if you are at fault.

Third party insurance covers you if you damage someone else's property or injure someone while driving. It also covers your passengers. It does not cover you or your car if you have an accident that is your fault, or if your car is stolen, damaged or destroyed by fire.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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