You have not given the full facts. Whether the insurance that you are talking about is of your vehicle or of the vehicle of the opponent or you are talking about your personal insurance?
In any case, it will depend on the actual terms and conditions of the insurance policy as to in what conditions insurance amount can be given and whether or not it can be given when the offence is compounded. Please note that such things are not laid down in any law in the form of any hard and fast rules. It all depends on the actual terms and conditions of each insurance policy and it is a subject matter of negotiation between the parties, i.e., between the insured and the insurer. So, please refer to the terms and conditions of your insurance policy.
Moreover, once you said that you are compromising the offence, it would generally imply that you are getting some compensation from the accused person in the road accident. So, you may also take into consideration the amount of compensation that is being paid by the accused and the compensation that you may get from the insurance company, if any.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.