I was recently involved in an accident while riding my motorcycle. I had entered the junction immediately after the signal turned green and just before I exited the signal, an erring lorry driver jumped the signal and collided with me. Although I fell on impact, I suffered no serious injuries. A traffic policeman on duty at the scene observed the entire episode and fault on the part of the lorry driver was established.

I filed an FIR which contained the lorry driver's insurance details as well. Subsequently I contacted my insurance company to explain the situation and I was asked to leave my motorcycle at the workshop for repairs. Upon completion of repairs, I was required to pay the workshop and submit the relevant bills to the insurance company for reimbursement.

Now the insurer is only reimbursing a little over half the expense I incurred stating that some of the accessories that were damaged in the accident are partly covered or not covered under their policy. When I sought clarification from the insurance company's representative, I was told that it does not matter who was at fault in the event of an accident as long as there was no physical injury. (In case of physical injury, the cost of hospitalization will be borne by the erring party's insurer.)

Does this seem normal for insurance policies in India wherein claims are not affected based on who was at fault for the accident? I reside in the city of Mumbai, if that is relevant.

PS: This makes little sense to me because suppose I crash into a parked Ferrari, causing it tens of thousands in damage, will the owner of the Ferrari end up bearing a significant expense even if he has proof that he was not at fault for the accident?

  • I have been around StackExchange for a while, and if this question does not fit the model of this site, please let me which would be the appropriate site for this question.
    – CodeNewbie
    Jun 27, 2016 at 8:52

1 Answer 1


you should have asked the lorry owner to claim 3rd party insurance.

There was no need for you to claim your insurance.

To conclude all your repairing charges would be borne by the lorry owner and his insurance

  • Thank you for the response Vikram. This relies on the premise that the lorry driver is cooperative and willing to contact his insurance company to process the claim. Is the lorry driver legally bound to complete these formalities for me? Can I lodge an FIR in the event that the lorry driver does not wish to cooperate?
    – CodeNewbie
    Jun 27, 2016 at 11:56
  • yes absolutely you can. you don't need to worry about if he is having insurance or not .He is liable to pay you all the damages .Its his lookout if he want to claim that in insurance or from his owners pocket. Jun 28, 2016 at 13:19

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