General insurance Condition governing motor insurance claims

[Mataracy]

CONTROL OF CLAIMS AND SUBROGATION CONDITION
The insured has a right to claim either from the negligent third party, who was responsible for the damage/ loss insured. If he claims from the latter then the insurer shall be entitled to subrogation rights. That is , the insurer steps on to the shoes of the claimant with respect to making claims from the negligent third party or inheriting any salvage. In theory, a claim must first be settled before the insurer can exercise his right of subrogation. In practice, most policy conditions allow an immediate exercise of this right while the claim is being pricessed . This is probably because the insurers fear that the principal witness ( that is the insured) may not be eager to cooperate in bringing the negligent third party to book if he ( the insured) has earlier been indemnified. In this respect, the insured is made to cooperate with the insurer in actualizing the claim.As a further step to control the claim, insurers usually advise the insured never to accept liability under any circumstances and not to enter in to any communication with the third party in order not to jeopardize their interest and efficient handling of the claim.

 

[btaliat]

I don't really get the concluding part. But let us create a scenario of a man that has insured his car and the car has an accident and during the cause of the investigation, it is assumed that the insurer was not at fault but the third party, does that mean the insurer can still claim damages from the third party.?

 

[Mandy96]

Does this kind of insurance policy means that a claimant could step in for the insured in a special cases or it happens generally. And again, is this type of insurance policy available at every insurance company or it’s just a type of insurance policy that happens within few insurance companies

 

[Mataracy]

I don't really get the concluding part. But let us create a scenario of a man that has insured his car and the car has an accident and during the cause of the investigation, it is assumed that the insurer was not at fault but the third party, does that mean the insurer can still claim damages from the third party.?

In thus scenario ; though the third part is at fault and not international too. In this case proper Examination will be carried our and so far you are not the one who did that by your self and since you have insured your vehicle you can still claim your benefit. In the other way round if such insurance asade it clear under the policy that they will not be responsible for any third party case it will then be between the insurer and the third party to settle their case. But if its in their policy that in case of any accident either by third party or cause by insurer the claim shall be paid.

 

[btaliat]

In thus scenario ; though the third part is at fault and not international too. In this case proper Examination will be carried our and so far you are not the one who did that by your self and since you have insured your vehicle you can still claim your benefit. In the other way round if such insurance asade it clear under the policy that they will not be responsible for any third party case it will then be between the insurer and the third party to settle their case. But if its in their policy that in case of any accident either by third party or cause by insurer the claim shall be paid.

Thanks for your mail. I asked someone as well and his answer goes thus though I don't maybe he's right. He said we have two insurance policies on auto which are comprehensive and third parry auto insurances. Insurance companies will cover the third party damages if the insurer is at fault and they will cater for all the damages in comprehensive.