[Resolved]  Bajaj Allianz Gic Ltd. — Regarding claim of accidental vehicle

My car met with an accident in the evening of 7/09/08.There was heavy rainfall that day and the road had many pits. My car’s wheel went in a pit and the engine stopped working. I called a mechanic from alfa motors immediately. Even they could not start the car and they had to shift the vehicle with the help of a crane to the workshop. I informed the insurance company on 9/0908 as there was a major problem in the vehicle. One after another 2 surveyors examined the vehicle. They dismantled the vehicle to know the exact problem. After the survey they went. And even after repeatedly asking telephonically they did not give any answer. On 26/09/08 I posted a letter to know about the status of my claim. I received a letter from the insurance company on 30/9/8 which was dated 26/9/8.They refused my claim giving the following reasons -
(1) The vehicle was dismantled at the workshop prior to their examination
(2) The vehicle was deliberately moved from the spot of accident
I sent an explanatory letter to them on 1/10/08 but they haven’t replied till date. The contents of both the letters sent by me is below




To, 26/09/08
The Branch Manager,
Bajaj Allianz GIC Ltd.
Ashok Marg,
Jaipur-

Sub: Regarding non-processing of repair claim.
Ref: Policy Number OG[protected]-00000147 dated[protected]

Dear Sir,

Kindly refer to the above mentioned subject. I wish to inform you that my car registration number RJ-14-8C-9638 was insured from your office.I submitted a claim on 9th September in your office through my repairer Alfa Motors. I met a minor accident during a heavy rainfall in jaipur, my car went in a pit near shyam nagar pulia and some parts of the car were damaged and the car could not be started .I called a mechanic from alfa motors. Since the mechanic could not also start the car it was shifted to the workshop of Alfa motors by the help of a crane .On 10th September your company appointed a surveyor for inspecting the car. He took the photographs of damage part of car and he asked the mechanic of Alfa motors to open the engine in order to assess the problem. He took some photographs of engine parts also but he did not say anything about settlement. Next day on 11th sept another surveyor came, he also took some photographs of opened engine parts of the car and of accidental portion. About the settlement, he verbally agreed to pass some parts which were costing about Rs 5000/ against my claim of Rs.50000/.For the last 15 days I have repeatedly requested you to pass my claim in toto but I have not received any reply till date. Due to your calleous attitude the repairing of my car has not been started.
I request you to consider the matter sympathetically and urgently as I am a doctor by profession. My work requires a lot of traveling as I am attached to a number of hospitals. Without my car my work is being hampered to a great extent and I am suffering considerable monetary loss in addition to the inconvenience caused. Kindly pass my claim in toto so that the repair work gets started in the workshop of Alfa motors .If no action is taken within 7 days from the receipt of this letter I will be forced to take legal action and you will be solely responsible for the same.
Yours truly,
(Dr Dilip Dubey)


To, 1/10/08
The Branch Manager,
Bajaj Allianz GIC Ltd.
Ashok Marg,
Jaipur-


Dear Sir,
I have received your first letter on 30/09/08 in which you repudiated my claim towards accident repair of my vehicle no. RJ148C9638. The reason you have pointed out
1-dismantled vehicle before inspection,
2- deliberately removal of the vehicle from the spot of vehicle.

I had sent you a letter previously in which I mentioned that dismantling of vehicle was done with instruction of your surveyor. As you very well know that I am a doctor professionally and attached to more than fifteen hospitals and clinics. I am honorary consultant everywhere that means if I do not work I am not paid-No Work No Money.Do you think that I will dismantle my car in order to get a claim and in turn suffer larger monetary loss by not being able to work as this car is the only mode of transportation. Secondly, I have no knowledge about the machinery of a car.
In my previous letter I had mentioned the place and type of accident. As you know it was the pulia connecting Shyam nagar to Nirman nagar where my vehicle went down in a pit having lot of water in it because of heavy rain. My vehicle stopped working in the middle of road. Do you think in this situation, I should have first come to your office and waited for your action? In how many cases involving private vehicles do you get a spot survey done ? There is a heavy traffic on that only connecting road and I did not know the cause of sudden stopping of vehicle and I had no idea that it is not going to restart. I immediately informed Alfa moters and they had taken necessary action. You are blaming me in your letter that I have deliberately removed the vehicle from the spot to hide facts . This is a serious allegation. I am a busy person and when my car stopped in the middle of the road without any apparent reason, thinking that it is some minor problem I called the workshop people. How could I know that it would require Insurance people.

In your policy it is very clear that claim matter will be settled with in seven days. Now after twenty days, you are informing me that you have rejected the claim, without giving any satisfactory reason. I have lost more money than claim amount because of your callous and irresponsible attitude and still today my vehicle is lying as such as you left there at Alfa motors.
I have suffered financial and mental trauma because of the insurance company. In this situation I am left with only option to have help of judiciary.

Yours truly,
(Dr Dilip Dubey