• Motor claim settlement

I met with an accident in june by my car my motor insurance cover (IDV: 4,69000 ) was zero depreciation.Initially i was told by the surveyor that my case is total loss.But i was not shared with surveyor report ,after two months i was told that after re assessment it is no longer total loss and offered me to settle with 3.3 lacs + salvage value or Repair.
I opted out for repair.Now after repair also bill was 3.29 lacs out of which only 2.89 lacs amount was passed.Salvage value was deducted at 5% rate . 
My car had a fog lamp but surveyor didnt approved the fog  lamp as the part was missing after the accident.
After repeatedly asking also i was not furnished with the first survey report .
Both the service station(fiat) and insurance (bharti axa ) have lied and after seven months I received my car that also not repaired properly.
Asked 11 months ago in Civil Law from Surat, Gujarat
1) insurance company has made substantial payment of Rs 2.89 lakhs against claim of Rs 3.29lakhs 

2) you are entitled to copy of survey report wherein Rs 40000 of claim had been denied 

3) file RTI application. To obtain copy of survey report 

4) you can move consumer forum against insurance company of claim is wrongly denied 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1) you have to file complaint before the consumer forum for deficiency in service against the insurance company 

2) seek refund of Rs 40000 with interest 

3) also claim compensation for mental torture undergone by you 

4) service centre should be made party in said complaint 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
You should have claimed the IDV instead of repair of the vehicle. The surveyor report is to be shared with the insured. You have the remedy to file a claim before the consumer commission for deficiency of service against the insurance company to seek compensation for dishonour of the insurance policy. No criminal case for cheating is made out though.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Hi,  It is a good case for deficiency of services  so you can file a consumer complaint before the district consumer forum for the refund of the amount which is paid by you for repair.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) They have first of all not clearly told the status of my claim and fraudulently tricked me to settle for a lesser amount than IDV  or go for repair of my car after two months of the claim.Still they are not sharing surveyor report confirms the fact that I am being manipulated somewhere. And I have to compromise with a repaired car whose integrity and safety is also questionable after such a major accidental repair.
This is the normal way of cheating its customers by the private insurance companies.
You may issue a legal notice point out the observations and the irregularities and ask them to compensate you properly and get the car repaired properly once again, failing which you may inform them that you may initiate proper legal cation for recovery through civil court and for compensating the mental agony or loss o mental peace through a consumer forum.  



2)  My policy was a zero depreciation policy ,still I had to bear the load of Rs 40,000. I have assessment sheet of repair . In it surveyor had simply denied some of the labor cost and parts replacement. And service center has also not informed me about the claim rejection of certain parts and fitted my car without those parts for example fog lamp.
The observed things may be included in the legal notice as well in the pleadings of the proposed case to be filed against the Insurance company.
T Kalaiselvan
Advocate, Vellore
13932 Answers
127 Consultations
5.0 on 5.0
in zero depreciation insurance insurer has right to get all repair cost at free. You may file a complaint before IRDA and simultaneously file a complaint before consumer forum. 

insurance company cannot change any rules or initiate deal for alternate remedy after in the mean time of insured period. 


Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0

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