car met accident while getting RC transferred

[sunny_chauha]

I had applied for transfer of registration certificate of the car that I had purchased in my name on May 24th, 2015. Unfortunately, my car met an accident on 28th, while the RC was in the process of getting transferred. I got the new RC with my name on May 29th(the next day after accident) and I got insurance transferred in my name on June 1st. Can I file claim with the insurance company to pay me for the expenses incurred to me for getting the car repaired?

I searched a lot on google but couldn't find any similar case. Please suggest. I hadn't informed my insurance company because I wasn't expecting them to accept my claim because the insurance wasn't in my name on the material date of accident. I was thinking of getting insurance transferred after receiving the RC and the accident happened even before I got the RC.

[PolicyWala]

You purchased the car on May 24th, 2015.
Filed an application for transferring the RC in your name - May 28th, 2015 (assuming as not mentioned by you)
Met with an accident May 28th, 2015
Got new RC in your name - May 29th, 2015
Insurance transfered in your name - June 1st, 2015

So on the date of accident the RC and insurance both are not in your name so you are not covered and cannot claim.

[sunny_chauha]

You purchased the car on May 24th, 2015.
Filed an application for transferring the RC in your name - May 28th, 2015 (assuming as not mentioned by you)
Met with an accident May 28th, 2015
Got new RC in your name - May 29th, 2015
Insurance transfered in your name - June 1st, 2015

So on the date of accident the RC and insurance both are not in your name so you are not covered and cannot claim.


Sorry for not mentioning it, I applied for transfer of RC on May 24th itself. What else should I have done to keep myself covered under insurance? I applied for insurance right after getting the RC. Isn't that the correct way to get everything transferred? and one more thing, what would be considered the date of transfer of the vehicle, the day I applied or the day I got the RC?

[PolicyWala]

Sorry for not mentioning it, I applied for transfer of RC on May 24th itself. What else should I have done to keep myself covered under insurance? I applied for insurance right after getting the RC. Isn't that the correct way to get everything transferred? and one more thing, what would be considered the date of transfer of the vehicle, the day I applied or the day I got the RC?

You were driving the car without insurance in your name. You should drive only when you have all the paper and insurance.

[sunny_chauha]

You were driving the car without insurance in your name. You should drive only when you have all the paper and insurance.

I also believed the same after going through a number of posts on different forums but today I came across this link: www.hindustantimes.com/chandigarh/bajaj-allianz-fined-rs-4-lakh-for-not-paying-insurance-claim/article1-1265896.aspx

The extra space in URL is intentional bcoz I'm not allowed to post links ;)

This article made me re-think and I thought I might confirm my doubt. This case seems very much like that of mine and the consumer forum directed the insurance company to pay the compensation.

[PolicyWala]

Yes, the above case is matching with yours. But in this case also the insurance company has declined the claim first and then court ordered them to pay. Take a call based on the claim cost.

[PolicyWala]

When ever you are buying a second hand car, buy insurance in your name as soon as possible. No need to transfer the policy in your name and wait uninsured.

Ask the previous owner to surrender his old policy.

Steps:
1- Use form 29 and 30 and submit the photocopy of these with the proposal form
2- In this case a physical inspection of the car is required.
3- You'll get new insurance in your name
2- Then start with the RTO ownership transfer process.

[visht2225]

There must have been executed a delivery note for the sale proceedings of the vehicle. That should be sufficient evidence for the change of ownership of the vehicle as documentation would consume some time. This fact put before the Insurer and a letter from the RTO stating the date of application for transfer of ownership should suffice. Buying a new insurance would be waste of money instead of getting the existing policy transferred to your name. There cannot be two insurance policies for a single vehicle.

[visht2225]

Dear Policywala,
please get into technicalities when you advice the members as they rely upon your advice.

[>take]

There must have been executed a delivery note for the sale proceedings of the vehicle. That should be sufficient evidence for the change of ownership of the vehicle as documentation would consume some time. This fact put before the Insurer and a letter from the RTO stating the date of application for transfer of ownership should suffice. Buying a new insurance would be waste of money instead of getting the existing policy transferred to your name. There cannot be two insurance policies for a single vehicle.


- What in case the seller do want to keep his insurance?
- What if the Insurance is not part of the deal? In most cases, buying new insurance for the old car may still be cheaper.
- If you are buying a new insurance policy - you can buy it for next 12 months. But if you are transferring it will be for balance days/months of the transfered policy.
- If you are member of Automobile Association of India (AAI) - this gives you a discount on the premium rates.T he discount could be lower of 5% or 200 on the own damage premium for private cars.


There cannot be two insurance policies for a single vehicle.

You can buy insurance for same registation number from different insurers. What is the issue?

[visht2225]

- the Insurance of a motor vehicle cannot be separated from the vehicle and he cannot keep it.
-If there is no insurance for the vehicle when you are buying, obviously you need to buy a new insurance.
-whatever period is left over in the existing policy, is a saving for you and you may renew the same at the time of it's expiry.
-Being a meber of the ARAI has no relevance to this issue.

[jagdish0008]

I am having similer issue Please let me know if you claim got settled