Accident and Theft
- ACCIDENT: In case of the Vehicle is involved in any accident-causing bodily injury or loss of limb or life of any third person or damage to third party’s property (“Accident”) then in such event I or any person authorized by Me driving the Vehicle shall be solely liable and responsible for such Accident. If due to the Accident, the Vehicle is detained/ seized / impounded by any authority or any person, I shall be solely responsible/ liable for the same and shall be responsible for releasing the Vehicle from such authority or person and bear any and all expenses in getting the Vehicle released.
- In case of accident resulting into any bodily injury or death any person involving the Vehicle, I hereby indemnify Indemnified Person from all loss, damage, cost, charges, expenses that may be suffered by You as a result of such an action on My part .
- In case of partial damage to the Vehicle where cost of damage ascertained by You is less than Rs 10,000 then I shall be liable to pay to You the charges as specified in Schedule of Charges and where partial damage cost ascertained exceeds Rs 10,000 or the Vehicle is rendered to total loss, as the case may be then I hereby confirm and acknowledge that the Subscription Fee paid by shall stand forfeited and that I shall, in addition, be liable to pay to You the difference between the book value of the Vehicle at prevalent in Your books of accounts at the time of occurrence of accident and insurance settled value
- In case where due to accident if there are any damages to the Vehicle which requires repairs or restoration of the Vehicle to its original condition prior to such accident and where the insurance claim is rejected by insurance company due to any reasons on My part then I shall be liable to pay the entire repair and restoration charges as ascertained by You
- Notwithstanding the above, I shall be liable to indemnify Indemnified Person for any loss, damages, costs incurred by You due to any insurance claim being disallowed by the insurance company due to the following reasons
(a) Myself or any other person driving the Vehicle at the time of accident is not carrying valid license.
(b) Any other person driving the Vehicle at the time of accident is a minor;
(c) Myself or any other person driving the Vehicle is under influence of alcohol or drugs or any other toxic substance at the time of accident;
(d) Damages / theft or loss to the Vehicle or any third person has been caused willfully and/or is the result of rash and negligent driving or any other negligent/malicious act by Myself or any other person driving the Vehicle; or
(e) Claim is inadmissible in accordance with the terms and conditions of Insurance policy.
- I shall, immediately, notify at the designated Coordinates of the occurrence of accident of the Vehicle with details thereof and lodge a complaint/first information report with the nearest police station. In case of an accident involving damage to the Vehicle or third party property damage or involving bodily injury to third person, I shall furnish to You following details and shall, if required, appear before the court or any other authority to give evidence thereof:
(a) Date, time, and place of accident;
(b) The license plate numbers of any other vehicles involved, their make and year, their identification number (serial number), and the insurance certificate’s number (with name, address and phone number of the insurance agent);
(c) The names, addresses, and driver’s license numbers of the persons involved in the incident;
(d) The name, address, and driver’s license number of the owner of the vehicle (if he or she is not the driver);
(e) The name, addresses, and phone number of witnesses, passengers, and any other involved persons;
(f) Circumstances of the accident describing immediate surrounding environment and the Vehicle position prior to the accident; and
(g) A police report is required regardless of liability or fault. I shall specify in My detailed written complaint to the police the actual facts only. I shall ensure that such complaint shall not contain any discrepancy, inconsistencies or distortions from actual facts as the same would be detrimental to a valid insurance or other claim by You. Any loss occasioned to You due to a discrepant, inconsistent or distorted complaint by Me shall be borne by Me.
- In case of any accidents/damages, any costs, expenses or losses pursuant to out of court settlement initiated or accomplished by Me with the third parties shall be solely borne by Me.
- I will notify to You, through designated Coordinates, about any notice relating to a claim or a lawsuit against You regarding any incident involving the Vehicle. I agree to cooperate fully with You in the investigation and defense of any such claim or lawsuit.
- THEFT:
- In case of theft of the Vehicle due to any reason whatsoever including due to My gross negligence, I shall, immediately, notify You at the designated Coordinates of the occurrence of theft of the Vehicle with details thereof and lodge a complaint/first information report with the nearest police station.
- In such case, I shall be liable to pay to You the difference between the book value of the Vehicle at prevalent in Your books of accounts at the time of occurrence of accident and insurance settled value .
