Negligence refers to a lack of reasonable care. In insurance, it refers to a lack of necessary precautions taken to prevent damage or loss to you, your vehicle, or a third party.
Negligence plays a considerable role when filing own damage car insurance claims as it will determine your amount of reimbursement and also the admissibility of your claim. Simply put, it determines whether or not you will be financially compensated for your loss after an accident.
Let’s understand what contributory negligence is and its role in raising a claim for your insurance policy.
What is Contributory Negligence?
Contributory negligence is a concept often used in litigation related to bike accidents. In this scenario, one of the parties involved in the accident charges the other party with contributory negligence.
The plaintiff (the one who files the case) charges that the second party is responsible for the accident as he did not behave reasonably on the road.
Let’s understand this with an example:
Suppose a person is rashly driving a bike on the road at a speed of 90km/h. He reaches a T-point and does not pay attention to the other bike rider who is using a phone and also approaching the T-point. The person driving his bike at a high speed turns his bike without blowing his horn, and both parties collide.
So, when one of these parties files a case against the other to get compensated for medical expenses by claiming that the other party was negligent and using a phone or speeding during the clash, this will be called a charge for contributory negligence.
However, the story does not end here. To win the case, it is necessary to prove that the other party was entirely at fault and that the plaintiff was completely alert and tried his best to avoid the accident.
Need of Contributory Negligence
Deciding because of whom the accident happened involves a lot of factors. Who was the party at fault? Who was negligent? These are some questions that have to be answered before holding someone responsible.
The insurance company can settle a car insurance claim only after determining the party/parties at fault.
This makes contributory negligence an essential element in deciding the claim amount. If the court finds the defendant liable, the plaintiff can raise a claim and get compensation as per the policy’s terms and conditions.
Otherwise, the compensation amount can be reduced or even the claim can be rejected if the plaintiff is proven to be partially/fully responsible for the accident.
Role of Contributory Negligence in Raising a Claim for Online Car Insurance
Usually, a personal injury lawsuit is only filed by the plaintiff to prove that the defendant was negligent and the accident happened only due to his fault. Once the lawsuit goes in favour of the plaintiff, he becomes eligible to get compensation offered in his purchased four-wheeler insurance.
In the absence of enough evidence, the plaintiff can be held liable for the accident. This generally happens when the defendant charges the plaintiff with “contributory negligence.”
If the plaintiff is found to be wholly or partially liable for the accident, he becomes ineligible for compensation and faces legal liability.
Who Is Supposed to Prove Contributory Negligence?
A plaintiff cannot charge the defendant with contributory negligence, but a defendant can. So, proving that the accident happened due to contributory negligence is entirely the burden of the defendant.
How Contributory Negligence Can Affect the Compensation Amount of an Insurance Policy
The level of contributory negligence on the plaintiff’s part influences the compensation to be given to him. The reason being – he could also be the one who caused the damage and did not act reasonably to avoid harm at the time of the accident.
Conclusion
Knowing the intricacies involved in buying car insurance and raising a claim is essential to a successful claim settlement. As you have read, contributory negligence is one such factor that impacts the claim process and sometimes even results in its refusal.
So, being a responsible driver who follows the traffic rules and does their best to prevent road accidents and collisions is important. This will absolve you of any potential liabilities you can be charged with in the event of an accident. It will also help hasten the claims process when you file a claim under your car insurance online.
Frequently Asked Questions (FAQs)
- What is mandatory in car insurance?
Having third-party coverage in car insurance is mandatory as per the Motor Vehicles Act of 1988. This coverage can be bought separately as a third-party car insurance plan or come bundled with an own damage cover under a comprehensive plan.
You can buy car insurance online from any insurer of your choice, just ensure you go for reputed providers like Tata AIG.
- What is the maximum period of car insurance?
You can buy a car insurance policy having a tenure of up to 3 years only. Moreover, a 3-year car insurance policy is mandated for all new car owners in India.