Legal Advice

FIR for claiming car insurance

Question: I filed an FIR for claiming car insurance and now they tell me that I have to pay ₹4000 in the court to quash the case. There were no fatalities, no destruction of public property. Only my car got completely destroyed because the tire burst and the car toppled over. Please advise if I have to pay any court fees.

Advise

While filing a First Information Report (FIR) with the police is not always mandatory for every car insurance claim in India, it can be a crucial step in specific situations. The requirement for an FIR varies based on the nature of the incident. Here are common scenarios where filing an FIR is recommended or required:

  1. Accidents and Third-Party Claims:
    • In the case of a road accident involving injury to a third party or damage to their property, it is often mandatory to file an FIR. This is especially important if a legal or compensation claim is anticipated.
  2. Theft of Vehicle:
    • If your vehicle has been stolen, an FIR is typically required to report the theft. The police will provide you with a copy of the FIR, which is essential when making a claim with your insurance company.
  3. Vandalism and Malicious Acts:
    • If your car has been intentionally damaged, such as vandalism or malicious acts, filing an FIR can strengthen your insurance claim. It serves as evidence of the criminal act.
  4. Natural Calamities:
    • In cases where the damage is due to natural calamities like floods, earthquakes, or other disasters, an FIR may not be mandatory, but it can still be beneficial to have an official record of the incident.

It’s essential to check the terms and conditions of your insurance policy, as some policies may require an FIR for specific types of claims. Even when not mandatory, filing an FIR can provide additional documentation and support for your claim, demonstrating the authenticity of the incident.

Shivendra Pratap Singh

Advocate

High Court Lucknow