Dear all
A car was handed over to a auto workshop for servicing. One of the workshop's employee while driving the car inside the workshop accidently banged the car against the paint booth causing substantial damages to paint booth. My queries are :
1. Is the loss to paint booth payable under fire policy of workshop. (car did not belong to insured but was being driven by Insured's employee)
2. If yes Police report is required or not?
3. A claim is required to be lodged under 3rd party insurance of the vehicle policy or not?
Thanks
anil khubchandani
bhopal (09826075885)
15 comments:
Dear Mr. Anil Khubchandaniji
This damage will not be covered under impact damage of Fire Policy but the damage to paint booth & damaged Bailie vehicle will be covered under Class G Motor Trade Internal Risk if it is on effect
I quote peril ‘Impact Damage’ of Fire Policy & Class G-Motor Trade Internal Risks of Motor Policy which automatically will answer your queries.
Impact Damage –
Impact by direct contact by any rail/road vehicle not belonging to or owned by
a) the insured or any occupier of the premises o
b) their employees while acting in the course of their employment
Impact damage due to insured’s own Rail/Road vehicles and the like & articles dropped there from can be included as an “add on cover” by endorsement at an extra premium.
Class G-Motor Trade Internal Risks-
This refers to garage risks relevant to the Motor Trader’s premises & the work carried therein..The risk exposure & coverage would be as under:
A) Physical damage to any Motor Vehicle including the accessories & spare parts whilst thereon stored in the garage premises-either the Motor Trader’s own vehicle or held in trust by him or in his custody or control-accidental damage caused by accidental external & visible means
B) Negligence of Motor Trader or his employees or any person acting on his behalf-any defect in his premises, ways, works ,machinery or plant therein
Resulting in damage to the property of others left with him
c)Accidental death or bodily injury to any person (other than the employees of the
Motor Traders or the members of his family)-caused by any Motor Vehicle –the accident occurring in the premises.
You can tell insurer about these fact.If that particular Motor Policy of Motor Trade Internal Risk is not effective on day of loss , the indemnification will not be carried out.
With best regards
Sushanta Kumar Roy
Dear Mr. Anil Khubchandaniji
This damage will not be covered under impact damage of Fire Policy but the damage to paint booth & damaged Bailie vehicle will be covered under Class G Motor Trade Internal Risk if it is on effect
I quote peril ‘Impact Damage’ of Fire Policy & Class G-Motor Trade Internal Risks of Motor Policy which automatically will answer your queries.
Impact Damage –
Impact by direct contact by any rail/road vehicle not belonging to or owned by
a) the insured or any occupier of the premises o
b) their employees while acting in the course of their employment
Impact damage due to insured’s own Rail/Road vehicles and the like & articles dropped there from can be included as an “add on cover” by endorsement at an extra premium.
Class G-Motor Trade Internal Risks-
This refers to garage risks relevant to the Motor Trader’s premises & the work carried therein..The risk exposure & coverage would be as under:
A) Physical damage to any Motor Vehicle including the accessories & spare parts whilst thereon stored in the garage premises-either the Motor Trader’s own vehicle or held in trust by him or in his custody or control-accidental damage caused by accidental external & visible means
B) Negligence of Motor Trader or his employees or any person acting on his behalf-any defect in his premises, ways, works ,machinery or plant therein
Resulting in damage to the property of others left with him
c)Accidental death or bodily injury to any person (other than the employees of the
Motor Traders or the members of his family)-caused by any Motor Vehicle –the accident occurring in the premises.
You can tell insurer about these fact.If that particular Motor Policy of Motor Trade Internal Risk is not effective on day of loss , the indemnification will not be carried out.
With best regards
Sushanta Kumar Roy
The claim is not payable under the motor vehicle policy of the insured. The workshop dealer is not a third party to the motor vehicle owner. Insured has come to the workshop with a specific purpose and they have an agreement- written/ verbal for the repair/ service of the vehicle.
You have to look into the fire and allied perils policy of the workshop owner.
Regards,
Abhinav Mahajan
This damage will not be covered under impact damage of Fire Policy but the damage to paint booth & damaged Bailie vehicle will be covered under Class G Motor Trade Internal Risk if it is on effect
I quote peril ‘Impact Damage’ of Fire Policy & Class G-Motor Trade Internal Risks of Motor Policy which automatically will answer your queries.
Impact Damage –
Impact by direct contact by any rail/road vehicle not belonging to or owned by
a) the insured or any occupier of the premises o
b) their employees while acting in the course of their employment
Impact damage due to insured’s own Rail/Road vehicles and the like & articles dropped there from can be included as an “add on cover” by endorsement at an extra premium.
Class G-Motor Trade Internal Risks-
This refers to garage risks relevant to the Motor Trader’s premises & the work carried therein..The risk exposure & coverage would be as under:
A) Physical damage to any Motor Vehicle including the accessories & spare parts whilst thereon stored in the garage premises-either the Motor Trader’s own vehicle or held in trust by him or in his custody or control-accidental damage caused by accidental external & visible means
B) Negligence of Motor Trader or his employees or any person acting on his behalf-any defect in his premises, ways, works ,machinery or plant therein
Resulting in damage to the property of others left with him
c)Accidental death or bodily injury to any person (other than the employees of the
Motor Traders or the members of his family)-caused by any Motor Vehicle –the accident occurring in the premises.
You can tell insurer about these fact.If that particular Motor Policy of Motor Trade Internal Risk is not effective on day of loss , the indemnification will not be carried out.
With best regards
Sushanta Kumar Roy
I feel Police Report is must for dmitting the claim under fire policy.
Under Motor Policy 3rd Party Property Damage - may not be admitted as during course of repairs after accident policy is as good as fridged.
More opinions please.
Thanks.
P.K.Rathi,Jalgaon.
This damage will not be covered under impact damage of Fire Policy but the damage to paint booth & damaged Bailie vehicle will be covered under Class G Motor Trade Internal Risk if it is on effect
I quote peril ‘Impact Damage’ of Fire Policy & Class G-Motor Trade Internal Risks of Motor Policy which automatically will answer your queries.
Impact Damage –
Impact by direct contact by any rail/road vehicle not belonging to or owned by
a) the insured or any occupier of the premises o
b) their employees while acting in the course of their employment
Impact damage due to insured’s own Rail/Road vehicles and the like & articles dropped there from can be included as an “add on cover” by endorsement at an extra premium.
Class G-Motor Trade Internal Risks-
This refers to garage risks relevant to the Motor Trader’s premises & the work carried therein..The risk exposure & coverage would be as under:
A) Physical damage to any Motor Vehicle including the accessories & spare parts whilst thereon stored in the garage premises-either the Motor Trader’s own vehicle or held in trust by him or in his custody or control-accidental damage caused by accidental external & visible means
B) Negligence of Motor Trader or his employees or any person acting on his behalf-any defect in his premises, ways, works ,machinery or plant therein
Resulting in damage to the property of others left with him
c)Accidental death or bodily injury to any person (other than the employees of the
Motor Traders or the members of his family)-caused by any Motor Vehicle –the accident occurring in the premises.
You can tell insurer about these fact.If that particular Motor Policy of Motor Trade Internal Risk is not effective on day of loss , the indemnification will not be carried out.
With best regards
Sushanta Kumar Roy
Dear Friends
Three questions raised-
1. claim is payable under the fire Policy. which allows loss due to vehicle impact. There is no further exclusion in the policy that vehicle is own or some ones.
2. I have not seen anywhere in the policy that Police report is mandatory. The police is informed under two circumstancea. One when there is a criminal offence. and second when somthing is to reported from the angle of any future possible offence. and thirdly for lost and found cases. I do not insurance policy has specified anywhere that Police report is mandatry.
3. The claim under the TP section (Act only Liability) is debatable as the vehicle was under the possession of the repairer for repairs and in a way he was trustee of the vehicle. Any loss occured by the trustee is one thing thing which insurancee company not accept the claim.But the court only shall give the judgment like any other TP claims.
C K BHATIA
9810231248
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