Motor Vehicle Insurance in India protects the motor vehicle owner against (a) the loss of or damage to the vehicle due to an insured risk, loss of use, theft, etc., and (b) indemnification if the vehicle owner is liable to any third party by law. Third-party insurance is a legal requirement. The vehicle's owner is legally responsible for any injury, danger, or damage to life or property of a third party caused or arising from the use of the vehicle in a public place. Driving without insurance in a public place is a punishable offence under the Motor Vehicles Act of 1988. [1]
The provisions of the following legal framework govern motor vehicle insurance in India. Important among these are:
The Motor Vehicles Act of 1988 mandates that every motor vehicle plying on the road is insured. Also, a copy/proof of the same should be kept in the vehicle. The Union Ministry of Road Transport and Highways said amendments have been brought in under Section 139 of the Central Motor Vehicle Act, 1989, so digital documents like driving licences and registration certificates are considered valid and at par with the original hard copy. [2]
Generally, there are two types of motor vehicle insurance policies.
One who buys the Act liability motor insurance should remember that the policy only covers statutory third-party liability and does not cover risks, including damage to the owner's vehicle. Therefore, purchasing a package insurance policy that provides comprehensive coverage, including coverage for your vehicle, would be prudent.
A motor vehicle in a public place is potentially a dangerous and lethal instrument. Even when it is without its engine or petrol if it is moved down on an incline, even unintentionally, it can cause considerable damage and human injury; hence, unlike other properties which may be insured or not at the option of the owner, a motor vehicle is required by law to be insured in respect of the user's liability for death, bodily injury or damage to property of third party. These insurance contracts are based on indemnity and only cover the damage; the whole insurance amount is not given every time. [3]
As sometimes the driver of the vehicle is often a person of small means and the injured person goes without adequate compensation, insurance of motor vehicle covering the third party risk is made compulsory in India, and the Motor Vehicles Act provides that vehicle should not be used in a public place without having insurance policy covering third party risks. [4] Third-party risk means risk covered for bodily injury, death and damage of the property of third party. A third party is anyone except the owner or passenger in the private vehicle. So pillion riders of the motor cycle, passengers in private cars, jeeps, etc., are not third parties. [5] However, passengers in public vehicle such as bus, contract carriage vehicle, taxi etc. are also third party and hence covered by third party or statutory policy.
The Act policy does not cover the occupants of private vehicles and pillion riders. However, they can be covered by paying additional premium. If an additional premium is not paid to cover the risk of occupants of private vehicles and pillion riders, the insurance company will not be liable to compensate such victims. However, Supreme court held that if the policy is a package/comprehensive, then the occupants of private vehicles and pillion riders are covered, even if such person's additional coverage premium is not paid. [6]
A comprehensive motor insurance policy provides coverage for losses, including damage to the insured vehicles due to the following perils:
According to the general exclusions clause in the motor insurance policies, a claim may be denied in the following circumstances.
The driver not having a valid licence is one of the general exclusions; it is useful to know some of the legalities related to driving licenses.
The Motor Vehicles Act classifies vehicles into various types. Even driving licences are issued keeping in mind the nature and types of vehicles. Some of these are as follows:
It should also be remembered that the motor vehicle laws covering such a wide range of vehicles are carefully considered while determining the settlement of claims by the motor insurance companies.
Generally, a vehicle insurance policy is valid for one year. However, long-term third-party vehicle insurance has been made mandatory for two-wheelers and four-wheelers as per the Supreme Court order. While the long-term insurance policy is 3 years for four-wheelers, it is 5 years for two-wheelers. The following guidelines are issued to implement the Supreme Court guidelines via a circular issued to insurers under Section 14(2) of the Insurance Regulatory and Development Agency of India Act, 1999, effective September 1, 2018. [7]
Further, about the comprehensive insurance policies, the circular states:-
Currently, a comprehensive insurance policy, an insurance package, covers risks, including damage to the owner's vehicle and liability (third-party insurance). After the introduction of long-term third-party motor insurance for new cars and new two-wheelers, the insured may be given the following two options:
It is necessary to renew the insurance policy by paying the insurance premium annually before the due date. [8]
Insurance companies generally do not provide any grace period on the due date to pay insurance premiums. No insurer shall accept any risk in any insurance business in India until the premium due has been received or advanced in the manner prescribed under section 64VB of the Insurance Act, 1938.
If the insurance policy lapses without payment of the insurance premium within the due date, vehicle inspection is mandatory. Also, allowing a comprehensive insurance policy to lapse beyond 90 days may result in loss of accrued no-claim bonus benefits. [9]
A Grievance is any communication expressing dissatisfaction with an action or inaction about the quality of service/deficiency in service of an insurance company and/or any intermediary or seeks remedial action. Every insurer must ensure a grievance redressal mechanism to provide excellent customer service, an important tool for business growth. [10] [11]
Under the Public Grievance Redressal Rules, the Governing Body of the Insurance Council (GBIC) established the Insurance Ombudsman in India on November 11, 1998. Following this, India's Insurance Regulatory and Development Authority enacted certain regulations. Accordingly, every insurer shall ensure that the following measures are taken:
There are Insurance Ombudsmen at various locations. Any person having a grievance against an Insurer, either himself or through his legal heirs, nominee or assignee, may make a written complaint to the Insurance Ombudsman.
Complaints should be made to the Insurance Ombudsman within whose territorial jurisdiction the insurer's office is located at the address in the insurance policy or the insurer's communication. The Insurance Ombudsman can be approached in the following situations.
The Insurance Ombudsman will act as Mediator. And he:
If redress through referral is not effective, the Insurance Ombudsman will pass an award restraining the insurance company within 3 months of receiving all the requirements from the complainant. The insurer concerned shall comply with the judgment within 30 days of receipt and report the same to the Insurance Ombudsman. There is no appellate authority against the decision of the Insurance Ombudsman. The judgment is final and binding on the insurer.
Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to protect against the risk of a contingent or uncertain loss.
Life insurance is a contract between an insurance policy holder and an insurer or assurer, where the insurer promises to pay a designated beneficiary a sum of money upon the death of an insured person. Depending on the contract, other events such as terminal illness or critical illness can also trigger payment. The policyholder typically pays a premium, either regularly or as one lump sum. The benefits may include other expenses, such as funeral expenses.
Vehicle insurance is insurance for cars, trucks, motorcycles, and other road vehicles. Its primary use is to provide financial protection against physical damage or bodily injury resulting from traffic collisions and against liability that could also arise from incidents in a vehicle. Vehicle insurance may additionally offer financial protection against theft of the vehicle, and against damage to the vehicle sustained from events other than traffic collisions, such as vandalism, weather or natural disasters, and damage sustained by colliding with stationary objects. The specific terms of vehicle insurance vary with legal regulations in each region.
In an insurance policy, the deductible is the amount paid out of pocket by the policy holder before an insurance provider will pay any expenses. In general usage, the term deductible may be used to describe one of several types of clauses that are used by insurance companies as a threshold for policy payments.
Home insurance, also commonly called homeowner's insurance, is a type of property insurance that covers a private residence. It is an insurance policy that combines various personal insurance protections, which can include losses occurring to one's home, its contents, loss of use, or loss of other personal possessions of the homeowner, as well as liability insurance for accidents that may happen at the home or at the hands of the homeowner within the policy territory.
In insurance, the insurance policy is a contract between the insurer and the policyholder, which determines the claims which the insurer is legally required to pay. In exchange for an initial payment, known as the premium, the insurer promises to pay for loss caused by perils covered under the policy language.
General insurance or non-life insurance policy, including automobile and homeowners policies, provide payments depending on the loss from a particular financial event. General insurance is typically defined as any insurance that is not determined to be life insurance. It is called property and casualty insurance in the United States and Canada and non-life insurance in Continental Europe.
Liability insurance is a part of the general insurance system of risk financing to protect the purchaser from the risks of liabilities imposed by lawsuits and similar claims and protects the insured if the purchaser is sued for claims that come within the coverage of the insurance policy.
Protection and indemnity insurance, more commonly known as P&I insurance, is a form of mutual maritime insurance provided by a P&I club. Whereas a marine insurance company provides "hull and machinery" cover for shipowners, and cargo cover for cargo owners, a P&I club provides cover for open-ended risks that traditional insurers are reluctant to insure. Typical P&I cover includes: a carrier's third-party risks for damage caused to cargo during carriage; war risks; and risks of environmental damage such as oil spills and pollution. In the UK, both traditional underwriters and P&I clubs are subject to the Marine Insurance Act 1906.
Aviation insurance is insurance coverage geared specifically to the operation of aircraft and the risks involved in aviation. Aviation insurance policies are distinctly different from those for other areas of transportation and tend to incorporate aviation terminology, as well as terminology, limits and clauses specific to aviation insurance.
The Motor Insurers' Bureau (MIB) was founded in the UK in 1946 as a private company limited by guarantee and is the mechanism in the UK through which compensation is provided for victims of accidents caused by uninsured and untraced drivers, which is funded by an estimated £30 a year from every insured driver's premiums.
Expatriate insurance are insurance policies that are designed to cover financial and other risks incurred specifically by expatriates while living and working in a country other than one's own. The insurances that expatriates need are similar to individuals living in the country but may be more complex to arrange because they are not native. There may also be specific risks for high-risk areas of the world where specialty insurance can provide coverage for war and terrorism, kidnap and ransom.
Satellite insurance is a specialized branch of aviation insurance in which, as of 2000, about 20 insurers worldwide participate directly. Others participate through reinsurance contracts with direct providers. It covers three risks: relaunching the satellite if the launch operation fails; replacing the satellite if it is destroyed, positioned in an improper orbit, or fails in orbit; and liability for damage to third parties caused by the satellite or the launch vehicle.
Legal protection insurance (LPI), also known as legal expenses insurance (LEI) or simply legal insurance, is a particular class of insurance which facilitates access to law and justice by providing legal advice and covering the legal costs of a dispute, regardless of whether the case is brought by or against the policyholder. Depending on the national rules, legal protection insurers can also represent the policyholder out-of-court or even in-court.
Lister v Romford Ice and Cold Storage Co Ltd[1956] UKHL 6 is an important English tort law, contract law and labour law, which concerns vicarious liability and an ostensible duty of an employee to compensate the employer for torts he commits in the course of employment.
Vehicle insurance in the United States is designed to cover the risk of financial liability or the loss of a motor vehicle that the owner may face if their vehicle is involved in a collision that results in property or physical damage. Most states require a motor vehicle owner to carry some minimum level of liability insurance. States that do not require the vehicle owner to carry car insurance include Virginia, where an uninsured motor vehicle fee may be paid to the state, New Hampshire, and Mississippi, which offers vehicle owners the option to post cash bonds. The privileges and immunities clause of Article IV of the U.S. Constitution protects the rights of citizens in each respective state when traveling to another. A motor vehicle owner typically pays insurers a monthly or yearly fee, often called an insurance premium. The insurance premium a motor vehicle owner pays is usually determined by a variety of factors including the type of covered vehicle, marital status, credit score, whether the driver rents or owns a home, the age and gender of any covered drivers, their driving history, and the location where the vehicle is primarily driven and stored. Most insurance companies will increase insurance premium rates based on these factors and offer discounts less frequently.
Insurance in South Africa describes a mechanism in that country for the reduction or minimisation of loss, owing to the constant exposure of people and assets to risks. The kinds of loss which arise if such risks eventuate may be either patrimonial or non-patrimonial.
The Ontario Automobile Policy is a regulation under the Ontario Insurance Act enacted by the Parliament of Ontario to cover financial damages to persons and property after a car crash. All private companies registered to sell auto insurance in Ontario, are required to use the OAP for their private car insurance policy. The OAP is the legal contract that connects an Ontario driver with every Ontario based insurance company.
Vehicle insurance in France is an compensation-based insurance policy for terrestrial motor vehicles that are insured in France and circulate on French territory, as well as in the European Economic Area and the Green Card zone.
In 1930, the UK Government introduced a law that required every person who used a vehicle on the road to have at least third-party personal injury insurance. Today, this law is contained in the Road Traffic Act 1988. Section 143 of that Act requires that motorists be insured against liability for injuries to others and for damage to other persons' property, resulting from use of a vehicle on a public road or in other public places.