ACCIDENT & INSURANCE
ACCIDENT & INSURANCE
Under the provisions of the Insurance Act, the concept of insurance claim is categorized into two parts:
First Party Insurance
Third party Insurance ( often known as liability insurance)
Under first party Insurance Claim, one can file with his own insurance company but in third party insurance, the Insurance Company indemnifies the insured person, if he is liable for any injury or damage caused to the third party. In the above explanation insured is the First Party, the second party is the Insurance Company and the third party is the party who suffered damages or injuries.
WHEN A THIRD PARTY CLAIM CAN BE FILED
There are certain conditions which are to be followed for claiming the damages by the third party:
The person should suffer the bodily injury in an accident
The property of the person must be damages because of accident
There is a loss to the life of a person.
WHO CAN FILE A THIRD PARTY CLAIM?
The claims can be made by the person himself who has sustained any damage or injury or by the agent duly authorized by the person who suffered any loss or the owner of the damaged property or any heir or legal representative of the deceased whose life is lost in an accident.
HOW TO FILE A THIRD PARTY CLAIM?
- The insurance details of the vehicle involved in an accident with due intimation to the insurer of the vehicle.
- Filing an FIR stating the details of the accident occurred, information about the vehicle involved in the accident and its driver and the details of the person who has witnessed the accident.
- As per the provision of the Motor Vehicle Act, for the purpose of deciding the claims for compensation with respect to any loss or injury or damage to any life or property in an accident. Such cases are filed before the Motor Accident Claim Tribunals (MACT)
- The MACT issues a notice upon the Application to the insured person and gives the reasonable opportunity of being heard and holds the inquiry for the claim.
- The award is made by MACT upon the merits of the case.
DOCUMENTS REQUIRED TO FILE A CLAIM BEFORE MACT
The party files the case before MACT with all the supported documents. The list of documents is given as under:
- Documents relating to the Identity of the Claimants who suffered loss or the deceased person.
- Copy of the FIR filed before the Police Authorities and the surveyor report in case the property is damaged.
- The treatment record and the expenses occurred to the person injured.
- The Income proof of the Injured or deceased person
- The age proof of the injured or deceased person
- Other documents as instructed by the Tribunal
The compensation sought upon the damages caused before the MACT are as follows:
- General Damages for the pain and suffering caused to the person;
- If the loss is occurred to a person by which who is deprive of earning, then the past and future income to be given;
- All the past and future medical expenses of the person injured;
- Rehabilitation expenses, if any;
- Damages if there are any out of pocket expenses.
Within 90 days from the order passed by the MACT, the Appeal can be made to the High Court.
1) Life Insurance, and
2) General Insurance
- Marine insurance
- Fire insurance
- Motor vehicle insurance
- Miscellaneous insurance
LIST OF LEGISLATIONS REGULATING THE INSURANCE SECTOR IN INDIA
The Insurance sector in India is regulated by the following Acts:
1) The Insurance Act, 1938
2) The Life Insurance Corporation Act, 1956
3) Marine Insurance Act, 1963
4) General Insurance Business (Nationalization) Act, 1972
5) Insurance Regulatory and Development Authority (IRDA) Act, 1999
Usually, victims of negligence-based car accidents that call our office for their free, no-obligation consultation have more questions than answers when it comes to taking the next step. The hours and days immediately after the car accident is crucial for your health, your legal rights, and your mental well-being. To ensure that you take the right steps after your car accident, call an experienced motor vehicle accident advocate.
Seek necessary medical attention. Sometimes, your injuries are not apparent immediately after the accident. It is not unusual for muscular aches and pains to set in until several hours later.
Converse with the advocate before speaking with the insurance company. A legal representative can guide you through the claims process, including any recorded statements needed by the insurance company, collecting your medical bills and records, and prepare your case for negotiations and trial.
Speak only to your advocate about the case. Refer all calls from an insurance adjuster to your advocate. No matter how friendly or sympathetic and insurance adjuster may seem, they are not on your side.
Save all evidence including photos of your property damage or injuries, and prescriptions related to your accident.
Follow your doctor’s medical advice. Continue with your treatment.
What is MACT ?
Motor Accidents Claims Tribunal MACT deals with matters related to compensation of motor accidents victims or their next of kin. The Tribunal deal with claims relating to loss of life/property and injury cases resulting from Motor Accidents.
MACT Courts are presided over by Judicial Officers from the State Higher Judicial Service. Now these Courts are under direct supervision of the Hon’ble High Court of the respective state
Who can report to MACT in case of accident?
Victim himself or through Advocate, in the case of personal injury. Through advocate in case of minor applicant below the age of 18 years. Legal heirs themselves or through advocate in the case of death. The owner of the vehicle in the case of property damage.
What all documents should accompany the petition?
- Copy of the FIR registered in connection with said accident, if any.
- Copy of the MLC/Post Mortem Report/Death Report as the case may be.
- The documents of the identity of the claimants and of the deceased in a death case.
- Original bills of expenses incurred on the treatment along with treatment record.
- Documents of the educational qualifications of the deceased, if any.
- Disability Certificate, if already obtained, in an injury case.
- The proof of income of the deceased/injured.
- Documents about the age of the victim.
- The cover note of the third party insurance policy, if any.
10.An affidavit detailing the relationship of the claimants with the deceased.
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