My petrol tanker had an accident where the tanker banged into the metal structure that is set up on roads to restrict vehicles with more than specific height. It happened at midnight hence driver failed to notice it till the last moment but it dashed but the driver was able to brake so further damage to tanker full of petrol was avoided. Only the front cabin took the damage. This happened at midnight. As the tanker was still drivable we felt its necessary to unload the vehicle as u never know any unforeseen fire hazard that may arise if vehicle is left standing in middle of road as it was uncertain if there was any damage to the tanks. Hence as a precaution we moved tanker to pump and unloaded it. In morning the insurance company was informed and surveyer visited the garage and did the survey of vehicle. Now the insurance company has asked for a clarification as to why the tanker was moved and spot inspection was not done which i find ridiculous as we acted in interest of our and public safety. Secondly they are quoting a clause which mentions “ the insured shall take all reasonable precautions to safeguard the vehicle insured from loss or damage” which again i fail to understand as to an accident is an accident that way all accidents involve some human error to some extent. I need advice as to apart from the reasoning mentioned above what more can be mentioned in the reply with legal points if any.
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You should in reply mention that all reasonable precautions were taken to protect vehicle from loss or damage
also reasons for moving vehicle was in interest of public safety as you were not sure whether tanks had been damaged or not
the accident arose because road was not well lit and metal structure had been installed on middle of road
You don't get worried or concerned about the insurance company's refusal or such observations.
The insurer will find one or the other loophole in order to avoid payment of compensation towards such accidents.
You can prefer a claim petition seeking compensation for the damages due to said accident by furnishing all the documents that are being sought by the insurer, if he still rejects your claim then you can drag the insurance company to the consumer forum seeking damages for the loss due to accident besides compensation for the mental agony cause by the insurance company in this regard.
What does the surveyor's report say? If your claim is rejected, lodge a written complaint with the Insurance Ombudsman. Send a legal notice to the insurer and if there is no response, file a complaint with the consumer forum (court). Please keep all material evidence to prove your case.
Dear Client,
As per the facts provided, the step of moving the tanker from the incident area was a great step otherwise in case of any mishappening it could be a condition of negligence and the insurance company cannot state that it's your fault to take such step.
Thank You
You need to send a reply notice and file a consumer complaint in this case
not possible to comment without reading the insurance contract in its context and as a whole
one clause cherry picked from here or there makes no sense
it has to be read in its context
