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| + | ====== Vehicle Total-Loss or IDV Settlement Dispute? Push Back and Get Paid Right ====== | ||
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| + | **Your car is declared a total loss and the insurer offers an amount that feels far too low. Before you sign the discharge voucher, understand how IDV is calculated, what constructive total loss means, and exactly how to challenge a settlement that does not add up.** | ||
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| + | **Reviewed on:** 2026-05-29. | ||
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| + | <WRAP center round info 95%> | ||
| + | **Quick Reply:** | ||
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| + | Your total loss payout should equal the **IDV (Insured Declared Value)** on your policy schedule, minus the **salvage value** of the wreck. The IDV is the manufacturer' | ||
| + | </ | ||
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| + | ===== Who this guide is for ===== | ||
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| + | This guide is for you if any of the following describe your situation: | ||
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| + | * Your vehicle was damaged in an accident and the insurer' | ||
| + | * You suspect the IDV on your policy was set too low at the time of renewal, and that is now eating into your claim payout. | ||
| + | * The insurer has deducted a high salvage value and you disagree with that figure. | ||
| + | * You are being pressured to sign a discharge voucher accepting a partial or final settlement you do not agree with. | ||
| + | * Your vehicle has been written off but you are confused about what happens to the RC and loan (if any). | ||
| + | * You have a PSU (public-sector) insurer and want to know whether RTI can help you access internal records. | ||
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| + | This guide covers both private and public-sector general insurance companies. For complaints about agent mis-selling or premium disputes, see our guide on [[/ | ||
| + | |||
| + | ===== What you can do this weekend ===== | ||
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| + | ==== Friday evening ==== | ||
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| + | Dig out your current motor insurance policy schedule and note the IDV figure printed on it. This is the single most important number in any total-loss dispute. Next, locate every document the insurer has given you so far: the claim intimation receipt, any surveyor appointment letters, and any settlement offer or repudiation letter. If you do not have the surveyor' | ||
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| + | ==== Saturday ==== | ||
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| + | Read the surveyor' | ||
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| + | Simultaneously, | ||
| + | |||
| + | ==== Sunday ==== | ||
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| + | Draft your written representation to the insurer' | ||
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| + | ===== Documents and evidence checklist ===== | ||
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| + | ^ Document ^ Why you need it ^ Where to get it ^ | ||
| + | | Motor insurance policy schedule | Shows the IDV, policy period, vehicle details, and premium paid | Your insurer' | ||
| + | | Claim intimation receipt / claim number | Needed to track your claim and in all correspondence | SMS or email from insurer at time of claim lodging | | ||
| + | | Surveyor' | ||
| + | | Final settlement offer / repudiation letter | Official document stating insurer' | ||
| + | | RC (Registration Certificate) | Required for RC cancellation and to verify ownership at the RTO | Your original RC book or DigiLocker | | ||
| + | | Independent repair estimates (2–3 quotes) | Supports your argument if the CTL declaration was premature or inflated | Authorised service centres or recognised garages for your vehicle brand | | ||
| + | | Independent salvage quotes | Counters an inflated salvage deduction by the insurer | Registered scrap dealers or authorised dismantlers | | ||
| + | | FIR / Police report (if accident or theft) | Mandatory for claim processing; needed for RC cancellation too | Local police station or e-FIR portal for your state | | ||
| + | | Loan NOC / hypothecation details (if applicable) | Bank's written permission for claim settlement and RC cancellation | Your vehicle loan lender | | ||
| + | | Previous year's policy (if IDV dispute) | Shows what IDV was set at before, to demonstrate under-declaration trend | Your insurer' | ||
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| + | ===== Step-by-step action plan ===== | ||
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| + | ==== Step 1 — Understand how your IDV was set ==== | ||
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| + | IDV stands for Insured Declared Value. It is the sum insured for your vehicle, calculated by taking the manufacturer' | ||
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| + | * Vehicle not exceeding 6 months old: **5% depreciation** | ||
| + | * Over 6 months but under 1 year: **15% depreciation** | ||
| + | * Over 1 year but under 2 years: **20% depreciation** | ||
| + | * Over 2 years but under 3 years: **30% depreciation** | ||
| + | * Over 3 years but under 4 years: **40% depreciation** | ||
| + | * Over 4 years but under 5 years: **50% depreciation** | ||
| + | * Beyond 5 years: IDV is negotiated between insurer and insured — no fixed schedule applies | ||
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| + | The key thing to understand is that the IDV is locked in at policy inception. It does not reduce further during the policy year. So if your car is two years old at the start of the policy, the insurer uses 20% depreciation to set the IDV, and that IDV is your maximum settlement for the entire policy year regardless of when the accident happens. | ||
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| + | Accessories fitted as standard by the manufacturer are included in the IDV. Electrical or electronic accessories not fitted as standard must be separately declared and covered under an add-on; if you did not declare them, they will not be compensated in a total loss. | ||
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| + | If you believe the insurer set the IDV based on an incorrect variant price, an outdated manufacturer price list, or a lower variant than your actual car, that is a valid ground to dispute. Collect the manufacturer' | ||
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| + | ==== Step 2 — Understand the Constructive Total Loss (CTL) declaration ==== | ||
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| + | Under standard IRDAI-regulated motor policies, a vehicle must be treated as a **Constructive Total Loss** if the aggregate cost of retrieval and repair exceeds **75% of the IDV**. So if your IDV is Rs. 6 lakh and the repair estimate is Rs. 4.6 lakh or more, the insurer can declare CTL. | ||
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| + | The surveyor is the person who compiles the repair estimate. The surveyor should be appointed within 72 hours of claim intimation and is required to submit the survey report to the insurer and provide you a copy within 30 days of appointment. The surveyor is meant to be objective and independent, | ||
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| + | The surveyor' | ||
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| + | A CTL declaration is not always in your interest. If your car is actually repairable at less than 75% of IDV but the surveyor has over-estimated repair costs, the insurer saves money by declaring CTL and paying you IDV minus salvage rather than paying for full repairs. Always get an independent estimate before accepting a CTL declaration. | ||
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| + | ==== Step 3 — Understand salvage and your choices ==== | ||
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| + | **Salvage** is the damaged or destroyed vehicle after a total loss. In a total-loss settlement, you have two choices: | ||
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| + | * **Hand the vehicle to the insurer:** You receive the full IDV. The insurer takes ownership of the salvage and disposes of it, typically at auction or through a scrap dealer. | ||
| + | * **Retain the vehicle yourself (cash loss):** You receive IDV minus the agreed salvage value. You keep the wreck and can sell or scrap it yourself. The net payout to you is lower, but if you believe you can get a better price for the wreck than the insurer' | ||
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| + | The dispute most commonly arises around the salvage valuation. If the insurer values the salvage at Rs. 80,000 and deducts that from your IDV, but the scrap market value of your wreck is only Rs. 40,000, you are being shortchanged by Rs. 40,000. Get independent salvage quotes and present them to the insurer in writing. | ||
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| + | ==== Step 4 — Do not sign the discharge voucher under pressure ==== | ||
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| + | The insurer will ask you to sign a **discharge voucher** or **full and final settlement form** accepting the settlement amount. Once you sign this, it is very difficult to reopen the dispute. Do not sign under pressure or with blank amounts. If the insurer says the settlement will be cancelled unless you sign immediately, | ||
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| + | ==== Step 5 — File a written representation with the insurer' | ||
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| + | Every insurer has a **Grievance Redressal Officer (GRO)**. Write to the GRO by email and by registered post, clearly stating the basis for your dispute. Include your policy number, claim number, and attach all evidence. The insurer is required to acknowledge and respond within a specific period under IRDAI guidelines. Keep a record of the delivery. Use the complaint template at the end of this guide as a starting point. | ||
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| + | ==== Step 6 — Escalate to IRDAI via Bima Bharosa ==== | ||
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| + | If the insurer does not resolve your complaint within 15 days, or if you remain dissatisfied with the response, file a complaint at [[https:// | ||
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| + | ==== Step 7 — Approach the Insurance Ombudsman ==== | ||
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| + | If IRDAI' | ||
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| + | ==== Step 8 — Handle RC cancellation in parallel ==== | ||
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| + | A total-loss settlement triggers a legal obligation to cancel the vehicle' | ||
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| + | * If you hand the vehicle to the insurer, the insurer arranges scrapping at a Registered Vehicle Scrapping Facility (RVSF). The RVSF issues a Certificate of Vehicle Scrapping and uploads cut-out images to the VAHAN database, which triggers the RC cancellation. | ||
| + | * If you retain the vehicle (cash loss), you are responsible for scrapping it at an RVSF yourself and applying for RC cancellation at your RTO. You can initiate the process online via [[https:// | ||
| + | * Fees and exact documents required vary by state. Most RTOs require the RC original, chassis number removal evidence, a scrapping certificate, | ||
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| + | If you do not cancel the RC, the vehicle can be misused, traffic violations may be attributed to your registration, | ||
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| + | If you need to obtain RTO records such as ownership history or RC transfer status for your own vehicle, you can file an RTI application with your state' | ||
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| + | ===== Escalation ladder ===== | ||
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| + | ^ Stage ^ Where to go ^ Timeline ^ Cost ^ | ||
| + | | 1. Internal grievance | Insurer' | ||
| + | | 2. IRDAI complaint | [[https:// | ||
| + | | 3. Insurance Ombudsman | [[https:// | ||
| + | | 4. Consumer Forum (eDaakhil) | [[/ | ||
| + | | 5. Civil Court | For very large disputes where all other forums have failed; engage a lawyer | Months to years | Court fees + legal fees apply | | ||
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| + | Always exhaust stages 1 and 2 before going to stage 3. The Ombudsman requires you to have first complained to the insurer and waited for their response (or 30 days). The Consumer Forum under [[/ | ||
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| + | ===== Copy-paste complaint template ===== | ||
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| + | Replace the text in square brackets with your own details before sending. | ||
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| + | To, | ||
| + | The Grievance Redressal Officer, | ||
| + | [Name of Insurance Company] | ||
| + | [Branch / Registered Office Address] | ||
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| + | Subject: Formal Representation — Dispute of Total Loss / IDV Settlement | ||
| + | Policy No.: [Your Policy Number] | ||
| + | Claim Reference No.: [Your Claim Reference Number] | ||
| + | Vehicle Registration No.: [Your Vehicle Registration Number] | ||
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| + | Date: [Date] | ||
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| + | Dear Sir / Madam, | ||
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| + | I am the registered owner and policyholder of the above-referenced motor insurance policy. My vehicle, a [Year, Make, Model, Variant], was involved in [an accident / flood damage / fire — describe briefly] on [Date of Incident]. A claim was lodged on [Date of Claim Intimation]. | ||
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| + | I have received [the surveyor' | ||
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| + | I write to formally dispute this settlement on the following grounds: | ||
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| + | 1. INCORRECT IDV: The IDV applied in the settlement is Rs. [IDV Used by Insurer]. However, based on the manufacturer' | ||
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| + | 2. INFLATED SALVAGE DEDUCTION [if applicable]: | ||
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| + | 3. CTL DECLARATION DISPUTED [if applicable]: | ||
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| + | In light of the above, I request your company to: | ||
| + | (a) Revise the IDV / settlement amount to Rs. [Your Claimed Amount]; | ||
| + | (b) Provide a detailed written response to each ground of dispute within 15 days; and | ||
| + | (c) Provide a complete copy of the surveyor' | ||
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| + | Please note that I have not signed any discharge voucher accepting the current settlement as full and final, and I do not accept the amount offered as a complete settlement of my claim. | ||
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| + | If this matter is not resolved to my satisfaction within 15 days of receipt of this letter, I will escalate to IRDAI through the Bima Bharosa portal and thereafter to the Insurance Ombudsman for my jurisdiction. | ||
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| + | Yours faithfully, | ||
| + | [Your Full Name] | ||
| + | [Your Address] | ||
| + | [Your Mobile Number] | ||
| + | [Your Email Address] | ||
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| + | Enclosures: | ||
| + | Annexure A: Manufacturer' | ||
| + | Annexure B: Independent salvage quotations (if applicable) | ||
| + | Annexure C: Independent repair estimates (if applicable) | ||
| + | Annexure D: Copy of policy schedule | ||
| + | Annexure E: Copy of claim intimation receipt | ||
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| + | ===== When RTI can help ===== | ||
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| + | The Right to Information Act 2005 applies only to **public authorities**. In the context of vehicle insurance disputes, RTI can help in the following situations: | ||
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| + | * **Public-sector insurers:** If your insurer is New India Assurance, National Insurance Company, Oriental Insurance Company, or United India Insurance Company — all of which are public-sector undertakings — you can file an RTI application directly with the insurer. You can seek the surveyor' | ||
| + | * **RTO records:** Your Regional Transport Office (RTO) is a public authority. You can seek RC ownership history, transfer records, or confirmation of cancellation status for your vehicle via RTI. This is especially useful if you need to verify that RC cancellation has been correctly processed after a total loss, or if there is a dispute about ownership at the time of the accident. | ||
| + | * **IRDAI records:** IRDAI is a statutory regulator and is a public authority under the RTI Act. If you want to understand the policy framework governing total loss settlements, | ||
| + | * **First appeal:** If your RTI application to a PSU insurer or RTO is rejected or you receive an unsatisfactory response, you can file a First Appeal. Read our guide on [[/ | ||
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| + | ===== When RTI will not help ===== | ||
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| + | * **Private insurance companies** — ICICI Lombard, HDFC ERGO, Bajaj Allianz, Tata AIG, Zurich Kotak, Acko, Go Digit, and all other private general insurers are not public authorities under the RTI Act. You cannot file RTI applications against them. Use the [[/ | ||
| + | * RTI cannot speed up your claim payment, reverse a settlement, or order a re-survey. It is an information access tool, not a dispute resolution forum. | ||
| + | * Even for PSU insurers, RTI will not help you if the real issue is the insurer' | ||
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| + | ===== Common mistakes to avoid ===== | ||
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| + | * **Signing the discharge voucher without reading it:** This is the most common and most costly mistake. Once signed, it is treated as a full and final settlement and is nearly impossible to reopen. Read every word before signing. | ||
| + | * **Not checking the IDV at renewal time:** Many people [[/ | ||
| + | * **Confusing IDV with market value:** IDV is a fixed contractual figure based on a formula. It may not match what you paid for the car second-hand or what a dealer would quote for it today. The insurer pays IDV, not second-hand market value. | ||
| + | * **Accepting the first salvage valuation without getting independent quotes:** Salvage values vary significantly depending on the condition of the vehicle, the demand for spare parts, and the local scrap market. Always get at least two independent quotes. | ||
| + | * **Delaying the RC cancellation: | ||
| + | * **Filing an RTI against a private insurer:** RTI applications sent to private insurers will be rejected or ignored, wasting valuable time. Go directly to IRDAI' | ||
| + | * **Not keeping copies of all communications: | ||
| + | * **Missing the Ombudsman' | ||
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| + | ===== Official links ===== | ||
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| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
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| + | ===== Frequently asked questions ===== | ||
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| + | ==== What is IDV and how is it calculated for my car? ==== | ||
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| + | IDV stands for Insured Declared Value. It is the sum insured for your vehicle and represents its current market value. The insurer calculates IDV by taking the manufacturer' | ||
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| + | ==== What is a Constructive Total Loss and when does it apply? ==== | ||
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| + | A Constructive Total Loss (CTL) is declared when the cost to retrieve and repair a damaged vehicle exceeds 75% of its IDV. The insurer does not have to wait until a vehicle is completely destroyed. If fixing it would cost more than three-quarters of what it is insured for, it is economically unviable to repair and it is treated as a total loss. In practice, the surveyor assesses the repair estimate and compares it against the IDV on your policy. If that ratio crosses 75%, the insurer triggers a total loss settlement. | ||
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| + | ==== How is the total loss settlement amount calculated? ==== | ||
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| + | For a total loss or constructive total loss, your insurer' | ||
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| + | ==== Can I dispute the salvage value the insurer has quoted? ==== | ||
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| + | Yes, you can dispute the salvage valuation. Insurers typically use empanelled salvage dealers or internal assessors to arrive at a salvage figure. You have the right to obtain independent quotes from authorised dealers or salvage yards and present them to the insurer. If the insurer' | ||
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| + | ==== What happens to my RC after a total loss? ==== | ||
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| + | After a total loss settlement, the Registration Certificate (RC) of the vehicle must be cancelled at your Regional Transport Office (RTO). Under Section 55 of the Motor Vehicles Act 1988, the owner is required to report the destruction of the vehicle to the RTO and apply for RC cancellation. You can initiate this online through the Parivahan portal. If the vehicle is being scrapped, the Registered Vehicle Scrapping Facility (RVSF) issues a Certificate of Vehicle Scrapping which is uploaded to VAHAN to trigger the cancellation. If you fail to cancel the RC, the vehicle may be used fraudulently or fines may accrue. | ||
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| + | ==== Can I use RTI to get my survey report from the insurance company? ==== | ||
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| + | If your insurer is a private company, RTI does not apply because RTI only covers public authorities. However, IRDAI regulations require all insurers, public or private, to provide you a copy of the surveyor' | ||
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| + | ==== What is the IRDAI' | ||
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| + | Once you submit all required documents, the insurer must settle your claim within 30 days. If settlement is delayed beyond this period, the insurer is liable to pay interest on the outstanding amount. The surveyor is required to be appointed within 72 hours of claim intimation and must submit the survey report to both the insurer and you within 30 days of appointment. If the insurer does not respond to your complaint within 15 days, you can escalate directly to IRDAI via Bima Bharosa without waiting further. | ||
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