Insurance company can reject your claim as father driving licence had expired
2) you can file complaint before consumer forum but chances of recovery are bleak
3) it would be waste of time and money
Can insurance company reject claim just because DL was not renewed?
Dear Sirs, My father, aged about 60 years, was a farmer cum small time businessman, met with an accident in two-wheeler on 21st Dec 2019 at around 7.30PM on a village road in the darkness and instantaneously died on the spot. He hit the bridge in the darkness and the road condition was very bad. He was riding the bike alone. He was not under influence of alcohol or any other drugs. He was transported to nearby Hospital and declared brought dead. The police took a complaint from one of my relative but he was not present at the incident spot. He had active motor insurance policy and Personal Accident coverage is Rs. 15 lakhs. Unfortunately, his driving license validity had expired on 15th Sept 2019, but not got renewed nor made any application for renewal. The Police have prepared a FIR on my relative statement that my father had driven the vehicle rashly and negligently as usual. I submitted an insurance claim to the United India Insurance company office at chikkamagalore, Karnataka. After scrutiny, the United India Insurance company denied my claim and wrote a regret letter mentioning that United India Insurance company absolve itself from any further liabilities arising out of the claim in the absence of Valid Driving License. They further mentioned in the letter that insurance company no more entertain claim from me and said that they are forced to close the claim in their book. 1.Whether Insurance company can reject claim on account invalid DL at the time of accident? 2.Which court should I appeal? Civil Magistrate Court or Consumer Court? 3.Please share any High court or Supreme court case judgements if any where such claims were directed to Insurance company to accept the claim and pay as per insurance policy? 4. Any other remedies available?
Asked 5 years ago in Civil Law
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19 Answers
1. It depends on many other factors.
2. Such claims are entertained in mact court.
Dear Sir/Madam,
It is suggested that you serve the legal notice and then file the case against the insurance company in the consumer court.
Yes, it can.
1. Yes. In the case if unauthorised driving the Insurance Authority has no liability to pay for third party damages. In such case liability rests upon the owner of the vehicle.
2. No court can give you result.
3. None
4. No remedy
You can reply them as per Motor Vehicles Act, 1988, Sections 147 and 149 – MACT – Liability of insurance company
NATIONAL INSURANCE CO.LTD. v/s PARVATHNENI & ANR. [(2009) 8 SCC 785 = JT 2009 (12) SC 275 = 2009(12) SCALE 82 = (2009) 3 SCC(Cri) 943]
Sorry to say you have lost the case on the basis of law of contract.
If you read policy you would find the conditions enumerated and one of those is driver should have valid license to claim damages under the policy.
No precedence and provisions are supporting the facts of your case.
If someone else was driving the vehicle then you may lawfully claim the damage under the policy .
1. Insurance was rendered useless at the DL was expired as on the date of accident.
2. You may challenge the stand of the insurance company in a consumer complaint before the consumer forum.
1. Yes, invalid DL is a major clause in such cases.
2. If you want to try than go for civil court.
3. Have to be searched.
4. Appeal
Dear Client,
Insurance company can not reject claim on account of DL not renews at the time of accident.
Yes but not holding of a valid licence by the driver, the insurer would not be allowed to avoid its liability towards insured unless the said breach or breaches on the condition of driving licence is/ are so fundamental as are found to have contributed to the cause of the accident. In your case your father is not claim motor accident claim from third party buy claim from own policy. So he may entitle to claim insurance benefit. File consumer complaint.
Claim can also be file agaisnt municipal office for no road light and poor road which caused the accident under fatal accident act.
Immediately file a case in Motor Accident Claim Tribunal at your District. You'll be paid your claim of compensation.
expired license is equal to no license.
1. if your vehicle meets an accident during the time your driving licence is not valid, then even an effective vehicle insurance policy will be rendered useless.
2. Consumer court.
3. You can search for it in the internet legal websites.
4. Have you consulted any advocate who is practicing motor accident claims cases alone?
If not consult one and get his or her advise before taking any legal step in haste.
- A bench of Justices Navin Sinha and Krishna Murari of the Supreme Court held , that an insurance company cannot deny claim to the owner of of a vehicle involved in a road accident , if his driver had falsely claimed to be holding a valid driving valid driving licence by producing a fake document.
1. No cannot reject on the ground of invalid DL
2. Consumer Court
3. Supreme Court judgement as above
4. File a complaint , you are entitled to get claim .
1. No insurance company cannot reject the claim merely on basis that DL has not been renewed.
2. You need to file a petition for claim under Motor vehicle act before MACT(Motor accident claims tribunal) which is generally court of district judge or Additional district judge.
it is mandatory for the driver to have a valid Driving License. Hence, if the person who was driving the vehicle at the time of the accident didn't have the licence, the claim will be rejected by the insurance company
I am sorry but a valid driver's license is mandatory. File a case in the Consumer forum.
You may also file a case in the high court.
1. Yes.
2. No court will help you if you were having a expired DL at the time.
3. 4. As per no.2.
