This is the problem with police. They generally avoid registering FIRs wherever possible. And, then, the citizens suffer.
It would have been advisable for you to get at least a General Diary (if not the FIR) made in the police station at the time when you first went there with your complaint of your vehicle having been stolen. That could have conclusively proved that you had filed the complaint immediately on time.
Secondly, if you have any acknowledgement for your initial complaint lodged with police, that may also be of help. Any other evidence of lodging the complaint on time may also be of help (such as presence of some friend, etc., when the complaint was first lodged). Your mobile phone location, showing your presence in the police station at the time when you first went to police station can also perhaps be of help, You may try to get mobile phone location from the telecom operator.
Thirdly, you have to check with the clauses of the Insurance policy. Can they reject the insurance claim merely because there is a delay in registration of the FIR? Is there a clause in the insurance police to that effect? In any case, the whole world knows that police officers generally avoid registering the FIRs. So, the insurance company should also know this.
Moreover, vehicle theft is not like a mobile phone theft. There is a difference between some item getting lost and getting stolen (theft). Insurance claim is generally given in the case of theft and not in the case of loss. While it is easy to lose one’s mobile (one may keep it somewhere, in a shop, college, or elsewhere, and then forget it), but it is generally not possible to lose one’s vehicle. A vehicle is generally stolen (i.e., theft) and not simply lost. The insurance people should know the difference. You can point it out.
You’ll have to fight with the insurance company as well with the police officers concerned, to get the matter sorted out. Approach their senior officers, if needed.
If needed, you may have to escalate the issue with the Ombudsman of the Insurance company. Even filing a complaint in the consumer court may also have to be considered, if nothing else works out.
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.
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