Vehicle Insurance in India

1

 

MEANING, NEED AND IMPORTANCE OF INSURANCE

“It covers the vehicle for damages against accidents, fire, natural disasters, theft among others and also covers for any injury to the owner. It also covers any damages and injuries caused to the third party.

What compensation is given to the Insurer?

Insured Declared Value (IDV) is the maximum Sum Assured fixed by the insurer which is provided on theft or total loss of vehicle. Basically, IDV is the current market value of the vehicle. If the vehicle suffers total loss, IDV is the compensation that the insurer will provide to the policyholder.

Some of the major reasons why one must invest in motor insurance online and also ensure timely motor insurance renewal, include:

  • Reduces liability.
  • Pays for damages.
  • Buying motor insurance online is cheaper.
  • Pays for hospitalization.
  • Family receives compensation in the event of death.
  • Pay premiums and enjoy coverage at all times.

FIRST-PARTY, SECOND-PARTY, AND THIRD PARTY IN THIRD PARTY MOTOR INSURANCE

Ø  First-party refers to the insured individual,

Ø  Second-party is the insurance provider, and

Ø  Third party is the person towards whom damages are owed by the first-party in an accident.

NECESSITY OF INSURANCE AGAINST THIRD PARTY

Third-party insurance is important because it is mandated by the law for all vehicles driving on the road to have a third-party insurance policy. Moreover, third-party insurance financially protects you against any third-party damage, loss of property, death or bodily injury caused to the third party. 

Is third-party insurance necessary?

Yes, as per the Motor Vehicles Act of 1988, third-party insurance is mandatory for all vehicles driving in India.

What is third-party insurance?

Third-party insurance is a basic insurance cover that protects you against financial liability in case of third-party loss, damage of property, or any third-party death or bodily injury.

What are the features of third-party insurance

A third-party insurance policy protects against:

Any damage or loss of property/vehicle of the third party

Any bodily injury caused to the third-party

An accident resulting in the death of the third-party

  

WHAT IS INSURANCE POLICY

What is Motor Insurance Policy?

Motor insurance is just like any other insurance policy, but unlike other insurances, it is ‘Mandatory'! And, as the name suggests, it is an insurance that is related to all types of motor vehicles motorcycles(2 Wheeler), cars, jeeps, commercial vehicles etc. Motor insurance has been made mandatory by the government for your safety and the safety of others.


Types of Vehicle covered in insurance

Insurance are covers the vehicle for damages against accidents, fire, natural disasters, theft among others and also covers for any injury to the owner. It also covers any damages and injuries caused to the third party.

  • Private Car Insurance Policy
  • Two Wheeler Insurance Policy
  • Commercial Vehicle Insurance

    Types of Motor Insurance Policies in India

Third Party Insurance

Only damages & losses caused to a third-party person, vehicle or property are covered.

Comprehensive/First Party Insurance

Covers both third-party liabilities and damages to your own vehicle or property as well.

 

Main parts of a Two-Wheeler Insurance Policy

First part contains important details such as the name of the policyholder, phone number, and address. It also records the policy number, policy issue date, term of the policy, and location.

The second part comprises details such as vehicle registration number, model and make of the vehicle, year of manufacture, engine displacement capacity, coverage, IDV, engine and chassis number, and more.


First Party Vs Third Party Car Insurance


Attributes

First Party Car Insurance

Third-Party Car Insurance

Claimant

The primary claimant is the policyholder

The primary claimant is an unknown third party.

Settlement

The claims will be settled by the Insurance company

The claims are settled by the Motor Accident Claims Tribunal court

Contest by the Insurance Company

It is the moral obligation of the insurance company to offer coverage for the insured as per the terms of the policy.

The insurance company has no obligation to pay the third party and could contest the claims made by the third party.

Filing Claims

The policyholder will have to submit the FIR copy and all documents and evidence to the insurance company as obliged.

A case has to be filed with the MACT tribunal of the court. The court decides the extent of the damage and the amount to compensate.


Process To Transfer Your Two Wheeler Insurance

While transferring your two wheeler insurance policy, the policy has to be transferred in the name of the transferee.

1.    The transferee needs to apply in writing within a specific time with documents relating to proof of vehicle delivery.

2.    The documents and details required for the process are the RC of the vehicle, the date when insurance was transferred and the details pertaining to previous insurance policy.

3.    The name of the previous policyholder and previous vehicle owner, policy number and date of insurance are also to be submitted to the insurer to help them make necessary changes in the records and issue a fresh certificate of insurance.

Benefits of Transferring Your Insurance Policy

Guarding Against Future Liabilities – In case the new owner of the vehicle causes a damage to a third-person or their properties and a third-party claim has to be filed. Now if you haven’t transferred the ownership of your vehicle and the insurance policy, you would be named in your policy and will be held legally liable. To prevent yourself from such troubles, you must ensure that all the documents including the insurance policy are properly transferred to the buyer of your old vehicle.

Withholding the No Claim Bonus – If you have not made any claims on your two-wheeler insurance policy during the preceding year, you are eligible to get a No Claim Bonus (NCB) from your insurance provider. NCB is an incentive offered to you by your insurance provider for riding safe and making no claims. When you transfer the ownership of your vehicle, do inform your insurer about the same and collect a No Claim Bonus Certificate which will help you avail discounts on your next renewal premium.

 

COMPENSATION OF VICTIMS OF HIT AND RUN MOTOR ACCIDENTS
(Under Section 161 of MVA,1988)

The Ministry of Road Transport and Highways  has  notified a new scheme for compensation of victims of Hit& Run motor accidents vide notification dated 25th February, 2022 to cater to enhanced compensation ( from Rs 12,500 to Rs 50,000 for grievous hurt and from Rs 25,000 to Rs 2,00,000 for death ) .The process of application for compensation and the release of payment to  victims has also been made time bound.

Ministry has also published rules on 25.2.2022 regarding creation, operation, sources of fund etc. of the Motor Vehicles Accident Fund . This fund shall be used for providing compensation in case of Hit &Run Accident, treatment for accident victims and any other purpose, as may be specified by the Central Government.

Structured Formula Basis

In the recent act this basis of claim was removed whereas, in the earlier act of 1994 Section 163 A in which the claimant does not have to prove the fault of the drive and under the provision of the act claimant will be provided with compensation by the insurance in one pre-required that is to be fulfilled which is disclosure of the name of accused.

Various Offences And Punishments Related To Unlawful Driving 

Offences

Penalty/ Sentence

Section

Driving above the permitted speed limits

Up to INR 1000

183 Motor Vehicle Act

Abetment for going over the speed limit

INR 300

183 (2) Motor Vehicle Act

Overtaking hazardously

INR 100

177 Motor Vehicle Act

Overtaking from the wrong side

INR 100

177 Motor Vehicle Act

Purposely disobeying lawful directions

INR 500

132/179 Motor Vehicle Act

Driving under the influence of alcohol and/ or drugs

INR 2,000 and/ or imprisonment for up to 6 months

185 Motor Vehicle Act

Using mobile phone while driving

Up to INR 5,000

184 Motor Vehicle Act

Leaving a vehicle in with the engine running

INR 100

177 Motor Vehicle Act

Leaving vehicle in a dangerous position

INR 100

177 Motor Vehicle Act

An accident involving a minor

INR 1000

184 Motor Vehicle Act

Playing music while driving

INR 100

177 Motor Vehicle Act

Driving when emotionally, mentally and/ or physically unfit

Court Challan

186 Motor Vehicle Act

BREATH TEST



 

breath alcohol test measures how much alcohol is in the air you breathe out. The device uses that measurement to estimate how much alcohol is in your blood. That number is known as your BAC, or blood alcohol content.It may go up as soon as 15 minutes after drinking. BAC is usually highest about an hour after you drink. In India, the permissible blood alcohol content (BAC) is set at 0.03% per 100ml blood. That works out to 30mg of alcohol per 100 ml of blood. 

DIFFERENCE BETWEEN RIDER AND ADD-ONS 

A rider is an additional benefit to the standard health insurance cover which provides extra coverage to the policyholder and amends the terms and conditions of the existing insurance policy.

An add-on cover is an optional top-up cover which can be purchased on top of the existing insurance policy to get additional features for medical expenses. You have to pay an extra amount of premium to get this cover and it comes with a set of benefits depending on your needs.  

VEHICLE INSURANCE ADD-ONS/RIDERS

A car insurance add-on is an additional cover that can be opted with a comprehensive car insurance policy (First Party) to strengthen the coverage and protection provided by a car insurance policy. There are multiple add-ons that can be opted for with a comprehensive car insurance policy.

1. Zero Depreciation Add-on Cover

The amount of depreciation applicable on your car and its parts is deducted by the insurer from the claim amount at the time of a claim settlement. A zero depreciation cover helps you mitigate this burden of bearing the depreciation cost of your vehicle thereby increasing your claim amount. Most of the insurers allow a maximum of 2 zero depreciation claims, however, some insurers including IFFCO Tokio allow unlimited zero depreciation claims during the policy tenure.

2. Consumables Add-on Cover

This add-on provides coverage for consumable elements such as grease, air conditioner’s gas, lubricants clip, bearings, fuel filter, engine oil, oil filter, break oil, nut and bolt, screw, washers, etc, which are not covered in the standard policy.

3. Roadside Assistance Add-on Cover

This add-on cover secures assistance services in the event of the breakdown of the insured vehicle. The services include towing to the nearest garage, on-site repair services, assistance in case of loss of keys, changing flat tyres, fuel delivery, etc.

4. Engine Protection Add-on Cover

This cover allows the policyholder to get indemnified against expenses for mechanical/electrical breakdown of the engine due to an oil spill or water ingression.

5. Key Loss Add-on Cover

This add-on cover makes the insurance company liable to compensate the policyholder for the loss of key(s).

6. Passenger Assistance Add-on Cover

It is a bundled cover that includes Hospital Allowance, Medical Expenses and Medical Transport Assistance to the policyholder in the event of an accident.

7. Tyre Damage Add-on Cover

This add-on provides cover for damages such as in-tyre bulge, puncture or bursting of tyres, cut on a tyre due to an accident, etc.

8. Return To Invoice Add-on

This add-on cover allows you to get full invoice price of your vehicle when it suffers Total Loss, Constructive Total Loss (CTL) or theft.

9. Protection of NCB Add-on

This add-on helps you retain your No Claim Bonus (NCB) discount even if you had filed a claim in the last policy tenure. NCB is the discount which you get on own-damage premium for every claim-free year.

10. Loss of Personal Belongings Add-on

With this add-on, the insurer compensates the policyholder for the loss of personal belongings such as the articles or other items of a personal nature which are likely to be used, carried or worn.

11. Personal Laptop and Mobile Add-on Cover

This add-on allows you to get compensation for the loss of a personal laptop and mobile kept in the vehicle.

Depreciation is the decrease in cost of your car, due to its natural wear and tear due to its age. The older your car is, the higher is its depreciation. 


How is Depreciation Calculated?

According to the Insurance Regulatory and Development Authority of India (IRDAI), following are the depreciation rates, on the basis of which the total depreciation of your car is calculated:

·         Rubber, Nylon, and Plastic Parts, and Batteries: 50%

·         Fiber Glass Components:  30%

·         Wooden Parts: 5% in the first year, 10% in the second year, and so on.

 

% of Depreciation in Vehicles

Age of Vehicle

% of Depreciation

Not Exceeding 6 months

5%

Exceeding 6 months but not exceeding 1 year

15%

Exceeding 1 year but not exceeding 2 years

20%

Exceeding 2 years but not exceeding 3 years

30%

Exceeding 3 years but not exceeding 4 years

40%

Exceeding 4 years but not exceeding 5 years

50%

 

% of Depreciation in Vehicles (Metallic Parts)

Age of Vehicle

% of Depreciation

Below 6 months

Nil

Exceeding 6 months but not exceeding 1 year

5%

Exceeding 1 year but not exceeding 2 years

10%

Exceeding 2 years but not exceeding 3 years

15%

Exceeding 3 years but not exceeding 4 years

25%

Exceeding 4 years but not exceeding 5 years

35%

Exceeding 5 years but not exceeding 10 years

40%

More than 10 years

50%

Benefits of Zero Depreciation Car Insurance Addon

Save Money

Having a Zero Depreciation Addon ensures that you do not have to shell out money from your pocket in case there is a claim, as without a Zero Dep addon the cost of depreciation of the parts has to be borne by you. But with a Zero Dep Addon, that is taken care by your insurance company.

Get a Higher Claim Amount

Securing your car with a zero depreciation add-on means the depreciation on your car’s parts won’t be calculated and hence you’ll receive a higher amount during claims. 

Peace of Mind

Opting for a zero depreciation addon ensures you don’t unnecessarily spend from your pocket during claims and honestly just being assured that someone will have your back during your unfortunate times can be so satisfying and really gives you some peace of mind.

 

What is not covered in a Zero Depreciation Addon?

Driving without a Driver’s License

You won’t be applicable to receive the benefits of a zero depreciation addon if you don’t have a valid car license.

Cars More Than 5 Years Old

Unfortunately, a zero depreciation addon cannot be opted for if your car is more than five years old. 

Driving Under the Influence of Alcohol

Those driving under the influence of drugs or alcohol are excluded from benefiting from a zero-depreciation cover during claims. 

Doesn’t Cover Compulsory Deductibles

A zero depreciation cover doesn’t cover for your compulsory deductibles (if any) included in your car insurance plan. 

Doesn’t Cover Mechanical Breakdowns

As a standard rule, a zero depreciation cover won’t cover for mechanical breakdowns or normal wear and tear of your car.

Cost of Engine Oil

This addon doesn’t cover for costs such as engine oil, clutch oil, coolant, etc.

 

CONDITIONS UNDER WHICH NO CLAIM IN INSURANCE POLICY

1) Loss due to Wear and Tear
Any loss occurring due to normal wear and tear of the vehicle will not be eligible for a claim. Similarly, any form of mechanical or electrical breakdown, failure of chassis, or body parts, or breakage due to rusting or other weather conditions will not be considered for a claim.

2)Damage to Tyres, Electrical equipment, or Electronics
Tyres are going to wither with constant use and time. As a result, they will not be eligible for any claim. Similarly, electrical equipment in the car can get damaged due to severe weather conditions, short-circuit, or infestation of rodents. Such damage will not be compensated.

3) Damage incurred if the insured is driving under influence of alcohol
No insurer will offer cover for damages caused to the car due to accident in case when the insured person is driving under the influence of alcohol or any other intoxicating substance.

4) Any injury or property damage caused intentionally
If the insured person has intentionally caused damage to a person or property, then he will not get any form of reimbursement under a car insurance plan. Similarly, it will not cover damage caused to the insured’s property.

5) Damage Incurred during War
Any loss caused to vehicle due to war, bio-chemical attack, or fire due to nuclear explosion and related events will not qualify for a claim.

6) Damage Due to Racing
Any kind of collision damage or property damage caused due to organized racing will not be cover under a car insurance policy. Similarly, it will offer limited cover or no cover at all for damages incurred if the vehicle is used in sharing programs.

SUMMARY :

Third Party Liability Car Insurance Policy Inclusions and Exclusions

A third party liability car insurance policy insures a policyholder against financial liabilities for compensating a third party. However, it does not protect the insured’s car as well as the policyholder himself (if not opted for otherwise).

Inclusions

Exclusions

Bodily Injuries of Third Party

The insurance company will pay for the treatment of an injured third party on behalf of the policyholder.

Bodily Injuries of Policyholder

The third party liability policy does not by default cover bodily injuries incurred by a policyholder/car owner.

Death of Third Party

The insurance company will indemnify for the death of a third party on behalf of the policyholder.

Bodily injury of Co-passenger(s)

The policyholder will not get compensation for the injuries suffered by the co-passengers travelling in the insured’s car.

Third Party Property Damage

The insurance company will offer a compensation of up to Rs. 7.5 lakh for damages of third party property.

Damages Incurred by the Insured’s Car

The insurance company will not be liable to compensate for the damages incurred by the insured’s car in a road accident, natural/man-made calamity, fire or theft.

 

Comprehensive Car Insurance Policy Inclusions and Exclusions

The comprehensive car insurance policy offers a wider coverage than a third party liability policy. Besides third party liabilities, it also offers protection against the damages incurred by the insured’s car.

Inclusions

Exclusions

Bodily Injury/Death of a Third Party

The policyholder can claim compensation for the expenses incurred while compensating for injury/death of a third party.

Wear And Tear Of Car (Depreciation)

The insurance company will not bear the depreciation cost of the car or its parts.

Third Party Property Damage

The insurance company will offer indemnification of up to Rs. 7.5 lakh on behalf of the policyholder for third party property damage.

Damage Incurred to Tyres And Tubes

Damages incurred exclusively to tyres and tubes of the insured’s car are not covered under this policy.

Damage of Insured’s Car

The insurance company will pay for the expenses incurred while repairing the insured’s car in case of damages incurred in a road accident, self-ignition, explosion or due to a natural or man-made calamity.

Electrical/Mechanical Damage of Insured’s Car

Any damage incurred to the insured’s car engine parts, differential parts and gearbox are not covered under the policy.

Theft of Insured’s Car

The policyholder will get compensation for the loss/theft of the insured car.

Contractual Liabilities

The company will not pay for liabilities assumed by the policyholder on behalf of someone else.


IMPORTANT SECTIONS OF MOTOR VEHICLE ACT 1988

U/S

Description

146

Necessity for insurance against third party risk

147

Requirements of policies and limits of liability

148

Validity of policies of insurance issued in reciprocating countries

149

Duty of insurers to satisfy judgments and awards

150

Rights of third parties against insurers on insolvency of the insured

151

Duty to give information as to insurance

152

Settlement between insurers and insured persons

154

Insolvency of insured persons not to affect liability of insured

155

Effect of death on certain causes of action

156

Effect of certificate of insurance

157

Transfer of certificate of insurance

159

Production of certificate of Insurance on application for authority to use vehicle

170

Impleading insurer in certain cases

196

Driving uninsured vehicle


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