• Car accident with expired insurance policy

Hi,
Our car met with an accident the day after our car insurance got expired. We had already applied car insurance renewal but when we tried to reach them for informing car accident, they said that the cheque used for renewal was bounced due to insufficient balance. Now they are asking to submit car photos for renewal of insurance. So it seems we can't claim the insurance. Can you kindly advice if a car insurance company deny our claim? They sent us the letter of cheque bounce after we met with an accident.
Asked 5 years ago in Civil Law

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9 Answers

Yes. Since your car insurance was not renewed the insurance company is not going to reimburse the cost for repairing your car. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Insurance company is not liable to pay your insurance claim 

 

2) your insurance policy had expired on date of accident 

 

3) further your cheque for insurance premium had bounced 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

1) the judgment cited by you provides if company had issued renewed insurance cover and then car meets with accident insurance company would be liable in spite of cheque being dishonoured 

2) If the insurance company issues a third-party insurance cover on the basis of cheque, it will be liable to compensate the third-party claim in case of an accident, even if the premium cheque bounces. The insurance company can reject such a claim only if it has cancelled the policy after the payment default and intimates the policyholder before the accident.

 

3) in your case no such insurance cover was issued 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

The insurance company cannot know whether your car met with an accident or not, it is concerned about issuing the policy if the policy premium amount has been made on time.

Since your cheque has been bounced, the insurance premium may not have been renewed.

If the accident took place within the grace period of the expiration of the current insurance coverage, then the insurance company may entertain the claim. 

After the expiration of the policy, the insurance provider will not approve any claim submission. If the accident occurs after the policy has lapsed, the insurance provider will not provide any compensation.

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

As per Bombay high court judgment, the following were concluded:

The 'reciprocal promise' is the fundamentality of the contract of insurance wherein the insured promises to pay the consideration (premium) for contract of indemnity in lieu of promise to indemnify in case of liability. Failure to pay premium resultantly leads to breach of promise consequently, the insured waives its right to be indemnified. However, the Insurance Company is bound to discharge its statutory liability to indemnify the third party claimants as it is not privy to the insurance contract.

In the final analysis, it can be rightly concluded that the Hon'ble High Court has harmoniously balanced the essence of Motor Vehicles Act, 1988 and Insurance Act, 1938 protecting 'public interest' as well as the interests of the Insurance Company to rightfully recover the compensation amount if the insurer fails to comply with its part of the responsibility of paying the premium.

It has also observed that :

The Aurangabad Bench of Hon'ble High Court of Bombay in its judgement dated 15th April, 2019 in the matter of 'SBI Insurance Company Versus Madhubala & Anr.1' has held that in case the cheque towards premium gets dishonoured; the Insurance Company is not liable to indemnify the owner of the offending vehicle (insured) as the same amounts to 'breach of promise' under the insurance agreement.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

Dear Sir/Madam,

You are suggested that the said documents are not of your help. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Without valid insurance you are liable to pay claim of the claiment in MACT case

Harsh Kumar Sachdeva
Advocate, Delhi
44 Answers
3 Consultations

I understand that you met accident on the day on which the insurance was expiring. Means, if you met an accident today then the insurance is expiring today night. If it is so then do not worry as you will get the claim.

 

If you met accident today and insurance expired yesterday then too you can claim it but that will depend from case to case and genuine circumstances. Your case looks genuine so don't worry and raise the claim with the advice of a good lawyer.

 

Don't look for online study of the similar matters as judgements and law changes from place to place.

 

regards

 

Gopender
Advocate, New Delhi
383 Answers

If the process was wilfully delayed they need to give insurance. But if it was not delayed and renewal cheque was bounced then they are not bound to give you cover. Insurance company is only liable if the accident is carried out in active insurance term and not terminated insurance policy

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

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