Riding Without a Helmet? Why Your Bike Insurance Claim Will Be Rejected Instantly

Riding Without a Helmet?

You are riding your scooter to the local market. It is a short distance, so you leave your helmet at home. Suddenly, a car hits you.

You suffer a head injury, and your bike is smashed. You think, "Thank God I have Comprehensive Insurance."

You file a claim for the bike repairs and your hospital bills. A week later, the rejection letter arrives. The reason? "Violation of Motor Vehicle Act (No Helmet)."

The "Illegal Act" Clause

Most policyholders believe that insurance covers "accidents." This is true, but insurance contracts also have a strict clause regarding "Negligence" and "Violation of Law."

In India, riding a two-wheeler without a helmet is illegal under Section 129 of the Motor Vehicles Act, 1988.

If you are breaking the law at the time of the accident, the insurer can argue that the contract is void. They are not liable to pay for damages caused (or worsened) by your own illegal behavior.

What Gets Rejected?

If the police report (FIR) or surveyor confirms you were riding without a helmet, here is the likely outcome:

Claim Type Outcome
Own Damage (OD) LIKELY REJECTED. The insurer may refuse to pay for your bike repairs, citing "Usage contrary to law."
Personal Accident (CPA) REJECTED (Head Injury). If the cause of death or disability is a head injury, the insurer will deny the ₹15 Lakh payout due to your negligence.
Third-Party Liability COVERED. The insurer usually pays the victim. However, your own financial loss (bike + hospital) is NOT covered.

"But the Pillion Rider Wasn't Wearing One!"

This is another common trap. In almost all Indian states, the Pillion Rider (the person sitting behind) is also legally required to wear a helmet.

⚠️ Double Rejection Risk

If the pillion rider is injured and wasn't wearing a helmet:

  • Your insurance may refuse to pay for their medical treatment under the passenger cover.
  • You (the rider) could be held personally liable for their injuries because you allowed them to ride illegally.

The Penalty is More Than Just a Fine

Under Section 194D of the amended Motor Vehicles Act, the penalty isn't just a small fine anymore.

  • Fine: ₹1,000.
  • License Suspension: Your driving license can be disqualified for 3 months.

Insurers treat "No Helmet" similarly to "Drunk Driving" regarding your own safety—it is a deliberate violation of the law.

Chief Editor’s Verdict

A helmet costs ₹1,000. A rejected insurance claim can cost ₹1 Lakh.

Don't give the surveyor an excuse to reject your file. Wear a helmet every single time—not just to save your head, but to save your hard-earned money. If the police report (FIR) mentions "No Helmet," your insurance policy is effectively just a piece of paper for your own damages.

Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal or insurance advice. Claim settlement decisions depend on the specific terms of your policy and the interpretation of the law by courts and IRDAI. Always wear a helmet as per the Motor Vehicles Act to ensure full compliance and coverage.