Rental car owner claimed insurance for accident damage but still forced my brother to pay the full amount is this legal?
Hi everyone, I need some legal advice regarding a self-drive rental car accident that happened in Madurai last year.
My younger brother was studying in Madurai at the time. In June last year, he and his friends rented a self-drive car. While returning, my brother was alone in the car and met with a major accident after a lorry rear-ended the vehicle. Thankfully, he was not injured seriously.
They informed the local police at that time, but according to my brother, nothing much came out of it and there was no proper resolution regarding the lorry driver.
The main issue now is with the car owner/rental provider.
My brother was under a lot of stress and never informed our family about this incident. Recently, one of his friends informed my parents, and only then we came to know about the entire matter. Since then, my brother has been mentally disturbed and carrying huge pressure over this issue.
The car owner repaired the vehicle through insurance at an authorized showroom. However, despite claiming insurance, he still demanded the full repair amount separately from my brother and threatened to file a police/court case if payment was not made.
Out of fear, my brother borrowed money from friends and paid the full repair amount.
When I later asked for the repair bills and documents, my brother shared the insurance claim details from the showroom, which clearly shows insurance was already involved.
My questions are:
Can a vehicle owner legally demand the full repair amount again after already claiming insurance?
If excess charges/deductibles were involved, should there have been proper invoices and breakdowns shared?
Can we take legal action to recover the money paid by my brother?
Is there any practical/legal way to resolve this without dragging it for years?
We are from Hyderabad, and this happened in Madurai, Tamil Nadu. Any advice from lawyers or people who have handled similar cases would really help.
Thank you.