Car Insurance Policy Wording money Contents page number Welcome to Asda Car Insurance .................................................................................................................... 3 Part A - Your Car Insurance Policy: Introduction.......................................................................................4 What Sections of Your Car Insurance Policy Apply?............................................................................... 5 What to do In the Event of a Claim................................................................................................................ 6 Definition of Terms................................................................................................................................................ 9 General Conditions Applying To The Whole of Your Car Insurance Policy....................................12 Important Information About Your Car Insurance Policy......................................................................16 General Exclusions Applying To The Whole of Your Car Insurance Policy.....................................21 Section 1. Loss And Damage...........................................................................................................................24 Section 2. Liability To Third Parties...............................................................................................................29 Section 3. Medical Expenses............................................................................................................................31 Section 4. Emergency Medical Treatment.................................................................................................32 Section 5. Windscreen/Glass Cover ............................................................................................................33 Section 6. Foreign Travel.................................................................................................................................. 34 Section 7. Servicing or Repair.........................................................................................................................36 Section 8. Personal Belongings......................................................................................................................37 Section 9. Personal Accident...........................................................................................................................38 Service Standards................................................................................................................................................39 Part B Your Legal Cover Policy...................................................................................................................... 40 Part C - Your Breakdown & Assistance Policy...........................................................................................51 page 2 Welcome to Asda Car Insurance We are pleased you have arranged your car insurance through Asda. We have been providing financial services products for almost 10 years and in that time we have grown to provide a range of products. Asda Car Insurance offers market leading cover at a competitive premium, revolutionary flexibility and control over your Policy through our websites and UK service centres. As well as the added reassurance of a 24 hour emergency claims line, Motor legal protection, courtesy car whilst an approved repairer fixes your car (subject to availability) and up to £750 cover for loss/damage to audio equipment in your car, we have a number of additional benefit options available to suit your needs that can be added to your policy. Asda Car Insurance is arranged and administered by Brightside Insurance Services Ltd who are authorised and regulated by the Financial Conduct Authority (Firm reference No. 302216). Registered office: MMT Centre, Severn Bridge, Aust Bristol BS35 4BL. Registered in England and Wales number 04137311. Asda Money is a trading name of Asda Financial Services Limited and Asda Stores Ltd who are Introducer Appointed Representatives of Brightside Insurance Services Ltd. Brightside Insurance Services Ltd is an insurance intermediary and we arrange cover through a limited number of insurers for private car and a single insurer for Breakdown Assistance, Legal Expenses, Key Cover, Vehicle Hire and Keeping You on the Move cover. Please contact us for details of these insurers. Our service includes, but is not limited to, arranging Your insurance cover and helping You with on-going changes. This booklet is made of three parts: 1) Part A Your Car Insurance Policy 2) Part B Your Legal Cover Policy 3) Part C Your Breakdown & Assistance Policy If You have any concerns with Your Policy, features and benefits, Terms or Conditions, please email [email protected]. Any Excess(es) or Endorsement(s) that are applied to Your Policy will be shown on Your Motor Policy Schedule. page 3 Part A - Your Car Insurance Policy: Introduction Asda Car Insurance is pleased to welcome You as a policyholder. This policy wording and accompanying documents are evidence of a legally binding contract of insurance between You (the Insured) and Us (the Insurers shown on Your Motor Policy Schedule). This contract is entered into on the basis that You have taken all reasonable care to answer all questions asked honestly, accurately and to the best of Your knowledge and that any other information given either verbally or in writing by You or on your behalf at the time You applied for insurance is also complete and has been given honestly and to the best of your knowledge and belief. The information that You have given to Us is shown on Your statement of information but will also include further information given either verbally or in writing by You or on Your behalf at the time You applied for insurance. Your Car insurance contract is made up of the following documents which should be read together: • This Insurance Policy Document • The Motor Policy Schedule • The Certificate of Motor Insurance • The Statement of Information Please carefully read all the documents that form Your contract of insurance carefully and make sure they meet with Your requirements. If any of the details are incorrect You must inform Us immediately, failure to do so may result in result in Your policy being cancelled or Your claim being rejected or not fully paid. If You have any questions concerning Your insurance please email: [email protected] Or You can call us on 0844 826 9987 In return for You paying or agreeing to pay the premium, We will insure You, subject to the Terms, exceptions, exclusions, conditions and Endorsements contained in or endorsed upon this Policy on the basis of the cover shown in Your Motor Policy Schedule for accident, injury, loss or damage that happens during the Period of Insurance. Please keep this Policy in a safe place as You may need to refer to it if You need to make a claim. Please call to report all incidents within 24 hours of the incident occurring, ideally within 1 hour, even if You are not claiming. page 4 The obligations of the subscribing insurers under contracts of insurance to which they subscribe are several and not joint and are limited solely to the extent of each company’s individual subscription. If one of the insurers does not for any reason satisfy all or part of its obligations the other insurers will not be responsible for the defaulting insurers obligations. This Policy is a contract between Us and You, the Policyholder. It is not intended that The Contracts (Rights of Third Parties) Act 1999 gives anyone else any rights under this Policy including the right to enforce any part of it. What Sections of Your Car Insurance Policy Apply? The following sections detail Your cover, different sections will apply depending on whether You have comprehensive or third party fire and theft cover only. If You wish to upgrade Your cover from third party fire and theft cover to comprehensive or upgrade Your policy to take advantage of the additional benefits we have available You can call us on 0844 826 9987 Cover Comprehensive Cover Section 1. Loss And Damage ✓ Section 3. Medical Expenses ✓ Section 2. Liability To Third Parties ✓ Third Party Fire and Theft ✓* ✓ Section 4. Emergency Medical Treatment ✓ ✓ Section 6. Foreign Travel ✓ ✓ Section 5. Windscreen/Glass Cover Section 7. Servicing Or Repair Section 8. Personal Belongings Section 9. Personal Accident ✓ ✓ ✓ ✓ Optional** ✓ ✓ * Section 1 only applies to TPFT policies for loss or damage caused directly by Fire or Theft ** Windscreen cover (Section 5) is only available to TPFT customers who have purchased it as an optional extra. If this cover applies it will be shown on Your Motor Policy Schedule. The General Conditions and General Exclusions apply to all sections of this Car Insurance Policy page 5 What to do In the Event of a Claim After any accident or incident you must call our 24 hour Claims Helpline as quickly as possible following the incident (this must be within 24 hours of the incident but ideally within 1 hour). This is regardless of whether you wish to make a claim under the policy or not. Delay in notification of an incident to us may invalidate your right to claim. To make a claim, or to report an incident which may result in a claim, call the 24 hour Claims Helpline on: 0844 257 8240 for Policies ending with MZ 0844 579 6491 for all other Policies Your policy number can be found on Your Certificate of Motor Insurance Lines are open 365 days a year. Windscreen/Glass Claim Helpline Numbers 0800 999 5000 for Policies ending with MZ 0800 294 7772 for all other Policies When You call, please have ready Your current Certificate of Motor Insurance, details of the driver if other than Yourself, Your Car, and details of the incident itself. Our operators will take down full details of the incident. If your claim is due to theft, attempted theft or vandalism you must also inform the Police and obtain a crime reference number. Our operators will provide every assistance to ensure the least inconvenience to You, and through the use of Our extensive Approved Repairer network, can ensure (if Your cover is relevant) a fast and efficient repair. Regardless of blame it is important that you take the following action: Stop: Stop as soon as possible, in a safe place (if you have a warning triangle, place it well before the obstruction). If anybody has been injured, call the police and ambulance service. Sketch: Make a quick sketch of the direction and final position of each vehicle (it is worth keeping a pen and paper in your vehicle). page 6 Note down: You will need to make a note of: • The vehicle registration number, name, address and telephone number of any other drivers involved in the accident. • The number of passengers in each vehicle. • The name and address of anyone who is injured (or suggesting they have been injured). • The name, address and telephone number of any witnesses to the accident. • The name, telephone number and constabulary of any police officer who attends the accident. Take a photo: If you have a mobile phone with you and it is fitted with a camera, try and take photographs to support the positions of the vehicles and the extent of damage. Provide: You must give your own details to anyone who has reasonable grounds for requesting them. DO NOT: Do not admit responsibility, either verbally or in writing. Instead, ask any other person involved in the accident to contact us on the 24 hour claims helpline number below. By getting the other person(s) involved in the accident to ring the 24 hour helpline you will give him/her the opportunity of obtaining our assistance in progressing repairs and assisting with the provision of a courtesy vehicle if the circumstances of the accident warrant this. If for any reason you have not been able to exchange details with other drivers or owners of property or you were in collision with an animal, you must report the accident to the police as soon as possible and certainly within 24 hours of the accident. page 7 Claims Procedure You should immediately: Call the Claims Helpline on: 0844 257 8240 for Policies ending with MZ 0844 579 6491 for all other Policies You should also: • send Us any communication You receive about the incident. • let Us know if anyone insured under this Policy is to be prosecuted as a result of the incident, or there is to be an inquest following a fatal accident. We can conduct (in Your name or the name of the person claiming under the Policy) the defence or settlement of any claim or take proceedings for Our own benefit to recover any payment We have made under this Policy. We shall have full discretion in the conduct of any proceedings or the settlement of any claim. The person who is seeking payment under this Policy shall give Us all the assistance necessary in order for Us to achieve settlement. If You fail to assist this may invalidate cover. In the event of a claim covered by this Policy You must still pay the premium. If payment is not made We: • May cancel this Policy in accordance with the General Conditions Applying To The Whole Policy section of this document and seek payment of the outstanding balance of premium. • May refuse to pay any claim arising from an occurrence on or after the due date of the premium. • Reserve the right to deduct any outstanding premium from the claim payment, if the claim is for loss of or damage to Your Car, which is covered by this Policy. Termination of the Policy In the event of a claim being rejected where cover is excluded or limited by any policy clause We reserve the right to terminate this Policy immediately. Fraud If any claim is in any way fraudulent or if You or anyone acting on Your behalf has used any fraudulent means, including inflating or exaggerating the claim or submitting forged or falsified documents, all benefits under this policy shall be forfeited page 8 Windscreen/Glass Claims To make a Windscreen/Glass claim, please contact the Windscreen/Glass Helpline to arrange for replacement or repair of Your windscreen or windows. Windscreen/Glass cover is set out in section 5 of the Policy. Please ensure You have the relevant cover before reporting a claim. Windscreen Helpline: 0800 294 7772 for Policies ending with LD 0800 999 5000 for Policies ending with MZ Definition of Terms Certain words appear throughout your Motor Policy Wording, Schedule of Insurance and Certificate of Motor Insurance and have the same meaning wherever they are shown irrespective of its typeface or colour. Accessories Parts of Your Car that are not directly related to how it works as a vehicle. This includes radio, cassette, disc player or similar component, that forms a permanent part of Your Vehicle. Certificate of Motor Insurance Legal evidence of Your Car insurance. It shows the car(s) We are insuring, who may drive Your Car(s), what the car(s) may be used for and the Period of Insurance. Endorsement An extra or alternative wording that changes the Terms of Your Policy. The Endorsements which may apply are contained within Your Policy Document and shown in Your Motor Policy Schedule. Excess The amount of any claim You will have to pay if Your Car is lost, stolen or damaged. Fire Fire, self ignition, lightning and explosion. Great Britain England, Scotland and Wales. page 9 Market value The cost of replacing Your Car at the time of loss or damage, taking into account it’s make, model, age, mileage and condition. This shall not exceed the estimate of value that You last gave Us. Motor Policy Schedule The Motor Policy Schedule should be read in conjunction with the Policy. It provides details of Your Car, cover, Endorsements, premium and any Excess that may apply to Your Policy. Partner Your husband, wife, civil partner or someone who You are living with in a long-term permanent relationship as if You are married to them. Period of Insurance The period of time covered by this Policy as shown in the Motor Policy Schedule. Policy This Policy Document, the Motor Policy Schedule, Statement of Information and Certificate of Motor Insurance. Statement of Information A record of statements that You have made and information You have confirmed to Us which forms the basis of Your contract of insurance. Terms All Terms, exclusions, conditions and limits which apply to Your Policy. Territorial Limits Great Britain, Northern Ireland, The Isle of Man, The Channel Islands, Theft Theft or attempted Theft or the taking of Your Car without permission. Track Day When Your Car is driven on a racing track, on an airfield or at an off road event. Trailer Any drawbar Trailer, semi-trailer, horsebox or caravan. United Kingdom Great Britain, Northern Ireland, Isle of Man and The Channel Islands. page 10 We/Us/Our Your insurer as named in Your Motor Policy Schedule and Certificate of Motor Insurance. You/Your The person or persons named in Your Motor Policy Schedule, Statement of Information and Certificate of Motor Insurance. Your Car Any motor car for which You have a current Certificate of Motor Insurance under this Policy. Young and Inexperienced Driver A young driver is any driver under the age of 25. An inexperienced driver is 25 years of age and over, who is licenced to drive but has not yet held a Full UK/EU licence for a full 12 months period. page 11 General Conditions Applying To The Whole of Your Car Insurance Policy The following General Conditions apply to all sections within Part A of this Policy. These describe Your responsibilities, general information and the procedures that apply in certain situations, such as when there is a claim or the Policy is cancelled. If You do not meet the Terms and conditions of this Policy, it could make the cover invalid or mean We may refuse to pay all or part of Your claim. Cancellation You have the right to cancel Your Policy during a period of 14 days either from the day of purchase of the contract or the day on which You receive Your Policy documentation, whichever is the later. For more information regarding cancellation please contact Asda Car Insurance. You can write to Asda Car Insurance at: Asda Car Insurance, MMT Centre, Severn Bridge, Aust Bristol BS35 4BL or Email [email protected] or call our Service Team on 0844 826 9987. To cancel, You must return Your original Certificate of Motor Insurance or provide an electronic declaration of surrender. Cancellation by You within the 14 day cooling off period. If you exercise Your right to cancel during this initial 14 day period of cover and the insurance cover has not yet commenced, You will be entitled to a full refund of the premium paid. If the insurance cover has already commenced, and You have not made a claim, or a claim has not been made against You then You will be entitled to a refund of the premium paid, subject to a deduction for the time for which You have been covered, and the charges as detailed in the Asda Car Insurance Terms of Business. To cancel, You must return Your original Certificate of Motor Insurance or provide an electronic declaration of surrender. Please note the full annual premium is payable in the event of a claim and no refund will be given. Cancellation by You after the 14 day cooling off period. If cover has commenced and you have not made a claim, or a claim has not been made against You then you can still cancel your policy. Your refund will be subject to a pro rata deduction for the time You have been covered and paid to You after deducting a cancellation charge, as set out in the Asda Car Insurance Terms of Business. Please note the full annual premium is payable in the event of a claim and no refund will be given. To exercise Your right to cancel Your Policy, You must forward Your Current Certificate of Insurance to Asda Car Insurance or provide an electronic declaration of surrender. page 12 Where We may cancel Your cover We, Asda Car Insurance or other person acting for Us may cancel the policy if We have a good reason for doing so. Some examples of situations where We would have a good reason for cancelling Your policy include (but are not limited to): a) non-payment of the premium due; or b) You have changed your vehicle during the policy to one We cannot cover; or c) You have failed to supply requested validation documentation (such as evidence of No Claim Discount and copies of driving licences for all named drivers). Before We cancel Your policy We will send You seven days’ notice to either the email address or postal address last notified to Us. You must return Your current Certificate of Motor Insurance to Asda Car Insurance or provide an electronic declaration of surrender within 7 days to comply with Section 147 of the Road Traffic Act 1988. You will be entitled to a refund of the unused premium paid subject to a deduction of the charges shown in the Asda Car Insurance Terms of Business. Please note the full annual premium is payable in the event of a claim and no refund can be given. Your Responsibilities When purchasing, amending and renewing Your insurance policy, You must take reasonable care to answer all questions honestly and to the best of Your knowledge. If You don’t answer the questions correctly, Your policy may be cancelled or Your claim rejected or not fully paid. If You are unsure of Your answer to a particular question, You should make reasonable efforts to obtain the information required to answer it correctly. When You purchase a policy with us, we will send You a Statement of Information confirming the information You have supplied, along with Your policy documents. Please check this information carefully to make sure it is all correct. If You notice any inaccuracies, please contact us to make the required amendments immediately. You are reminded that it is an offence under the Road Traffic Act to make any false statements or withhold any relevant information to obtain a Certificate of Motor Insurance. Changes which may affect Your cover You must notify Asda Car Insurance and You should let Us know if any of the details You have given Us change, whether you believe this is relevant to us or not. If Your circumstances change You must tell Asda Car Insurance. The list below is not exhaustive but gives You an indication of changes You should tell us about: • Changes made to Your Car which improve its value, performance or handling. • Changing from a Provisional to a Full Driving Licence when passing Your practical driving test to become a qualified driver. • Changing Your Car. page 13 • The car being modified from the manufacturer’s standard specification or if you intend to change or modify it (including the addition of optional fit accessories such as spoilers, skirts, alloy wheels etc). • Your Car being used for a purpose not included on Your Certificate of Motor Insurance. • You or anyone covered by this Policy being convicted of a motoring offence other than fixed penalty parking tickets or receives a licence endorsement. • The address where Your Car is normally kept changing. • You or anyone covered by this Policy changing occupation. Once You have told Us about the change We will reassess Your cover and premium. For some changes You may need to pay an additional premium and some changes may be unacceptable to Us. You should keep a record of the information You give in relation to this Policy. If You fail to take reasonable care to provide complete and accurate information to the best of Your knowledge and belief when You take out Your insurance Policy or if You do not tell Us about any changes, We may: • reject Your claim • reduce, make deductions from or pay only a proportion of Your claim • cancel or invalidate the Policy • void the Policy, which means to treat the Policy as though it never existed • do a combination of the above This insurance will only apply if: • The person claiming has kept to all the Terms and conditions of this Policy. • All the information You have given and upon which the Policy is based is correct and complete. Telephone Call Recording For Our joint protection, telephone calls may be recorded and/or monitored. No Claims Discount If You do not make a claim under Your Policy, Your renewal premium will be reduced in accordance with Our scale applicable at such time. Windscreen/Glass claims do not affect your No Claims Discount. The No Claims Discount is applied to the Policy premium as a whole (excluding any flat rate premium) and in the event of a claim the discount will be reduced in accordance with Our scale applicable at such time regardless of which vehicle was involved. We reserve the right to retain proof of Your no claims entitlement until all payments due have been made. page 14 No Claims Discount Protection (Please note that this only applicable if shown on Your Motor Policy Schedule) A Protected No Claims Discount of four or more years will not be reduced provided no more than two partial fault, fault, Fire or Theft claims occur within any five consecutive years. If three or more claims are made during the five year period, We will reduce the discount you receive. This extension only applies if referred to in Your Motor Policy Schedule, subject otherwise to the Terms of Your Policy. Other Insurance If You claim for anything that is covered by any other insurance, We will only pay any amount You cannot get back from the other insurance up to the limits of this Policy. Care of Your Car Your Car must be covered by a valid Department of Transport Test (MOT) Certificate if You need one by law. You must do all You can to protect Your Car and contents and keep Your Car in a safe and roadworthy condition. If We ask You must let Us examine Your Car at any reasonable time. If You do not take reasonable care of Your Car and meet any security requirements, this Policy may no longer be valid and We may not pay any claim. Right of Recovery If the law of any country which the Policy covers requires us to make payments which, but for that law, We would not otherwise have paid. You must repay the amount to Us. If any claims or other monies are paid to You by mistake for any reason, or a claim has been paid which We later find to be fraudulent, false or exaggerated, You must repay the amount paid by Us. Law Applicable To Contract The insurance is governed by English Law. Use of Language Unless otherwise agreed, the contractual terms and other information relating to this contract will be in English. Monthly Premiums If the premiums are paid monthly and You fail to pay an instalment when due or fail to maintain a Direct Debit Mandate and such default is not corrected within the time permitted by the Consumer Credit Act 1974 the whole of the outstanding balance will become due and payable. If this sum is not paid within seven days, the insurance cover will be cancelled. In the event of a total loss claim under this Policy, all remaining monthly page 15 premiums for the Period of Insurance will immediately become due. We reserve the right to deduct this amount from the claims settlement. Important Information About Your Car Insurance Policy The Financial Services Compensation Scheme If We are unable to meet Our liability under this Policy You may be entitled to compensation from the Financial Services Compensation Scheme (FSCS). This will depend on the circumstances of the claim. Further information about the compensation scheme arrangements can be found on the FSCS website http://www.fscs.org.uk or by writing to: Financial Services Compensation Scheme, 10th Floor, Beaufort House 15 St Botolph Street London EC3A 7QU Motor Insurance Database (MID) Information relating to Your insurance Policy will be added to the Motor Insurance Database (“MID”) managed by the Motor Insurers’ Bureau (“MIB”). MID and the data stored on it may be used by certain statutory and/or authorised bodies including the Police, the DVLA, the DVANI, the Insurance Fraud Bureau and other bodies permitted by law for purposes not limited to but including : I. Electronic Licencing. II. Continuous Insurance Enforcement. III. Law enforcement (prevention, detection, apprehension and or prosecution of offenders). IV. The provision of government services and or other services aimed at reducing the level and incidence of uninsured driving. If You are involved in a road traffic incident (either in the UK, the EEA or certain other territories), insurers and or the MIB may search the MID to obtain relevant information. Persons (including his or her appointed representatives) pursuing a claim in respect of a road traffic incident (including citizens of other countries) may also obtain relevant information which is held on the MID. It is vital that the MID holds Your correct registration number. If it is incorrectly shown on the MID You are at risk of having Your Car seized by the Police. You can check that Your correct registration number details are shown on the MID at www.askmid.com Please note that the MID does not constitute proof of insurance. In order to be able to prove that Your Car is insured You should carry Your Certificate of Motor Insurance with You when using Your Car. page 16 Data Protection Notice This Data Protection notice explains how We may use Your details. It tells You about the registers and databases that We and others have in place, which help to detect and prevent fraudulent applications and claims, and must be shown to any party related to the insurance. All phone calls relating to applications and claims may be monitored and recorded and the recordings used for fraud prevention and detection, training and quality control purposes. Your privacy is important to Us and We assure You that We will respect Your personal information. Asda Car Insurance will share information with insurers and We will use Your information to manage Your insurance with Us, including underwriting, claims handling and statistical analysis. Please be aware this may include disclosing Your information within the Brightside Insurance Services Ltd group and to any agents who provide services on Our behalf, including those located outside the European Economic Area. By accepting this insurance You consent to such use of Your personal data. You should show this notice to anyone insured to drive Your Car covered under this Policy. For more information on the Data Protection Act You may also write to the Information Commissioners Office at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF. Telephone: 08456 306060 or 01625 545745 E-mail: [email protected] Access To Your Information You can write to Asda Car Insurance at any time to obtain details of the information held about You. Please write to: Data Protection Officer Car Insurance MMT Centre Severn Bridge Aust Bristol BS35 4BL Please quote Your name, postal address and email address along with the details of Your requirement. Asda Car Insurance will take reasonable steps to confirm Your identity before providing You with details of any personal information held about You. Therefore Asda Car Insurance would be grateful if You could provide two forms of identification such as a copy of a passport or Driving Licence and a copy of a utility bill to confirm address. In accordance with the Data Protection Act, 1998 Asda Car Insurance are entitled to charge £10 to cover the administration costs involved with this process. Please make cheques payable to Brightside Insurance Services Ltd. page 17 Fraud Prevention and Detection If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies. Law enforcement agencies may access and use this information. We and other organisations may also access and use this information to prevent fraud and money laundering, for example, when: I. checking details on applications for credit and credit related or other facilities. II. managing credit and credit related accounts or facilities. III. recovering debt. IV. checking details on proposals and claims for all types of insurance. V. checking details of job applicants and employees. Please contact Asda Car Insurance if You want to receive details of the relevant fraud prevention agencies. We and other organisations may access and use from other countries the information recorded by fraud prevention agencies. Some of the registers We make use of are: • The Claims and Underwriting Exchange (CUE). This is run by Insurance Database Services Ltd. The CUE database is used by most UK insurers and holds details of most motor and household insurance claims. • Insurance Hunter. This is a central insurance anti-fraud system to which other insurers also have access. This database is designed to combat activities such as identity Theft and money laundering. • The Motor Insurance Anti-Fraud and Theft Register. This central database contains details of stolen and written off vehicles. To protect Your interests, We will check any information provided against these registers for completeness and accuracy. If We find that false or inaccurate information has been given to Us, or We suspect fraud We will take action, which could result in prosecution. You should show this notice to anyone insured to drive Your Car covered under this Policy. page 18 Regulatory Information The insurer of Your Policy will be clearly shown on Your Certificate of Motor Insurance as one of the following: Ageas Insurance Limited Ageas House Hampshire Corporate Park Templars Way Eastleigh Hampshire SO53 3YA Ageas Insurance Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and Prudential Regulation Authority (Firm reference number 202039). Registered in England & Wales (No. 00354568). AXA Insurance UK plc 5 Old Broad Street London EC2N 1AD AXA Insurance UK is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and Prudential Regulation Authority. (Firm reference number 202312). Registered in England (No. 00078950). Highway Insurance Company Limited Highway House, 171 Kings Road, Brentwood, Essex CM14 4EJ Highway Insurance Company Limited, registered in England and Wales number 3730662, is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority, register number 202972. page 19 Southern Rock Insurance Company Limited & Alwyn Insurance Company Limited & Pinnacle Insurance plc Southern Rock Insurance Company Limited Eurolife Building 1 Corral Road Gibraltar Alwyn Insurance Company Limited P.O. Box 1338 Grand Ocean Plaza 1st Floor Ocean Village Gibraltar Pinnacle Insurance plc Pinnacle House A1 Barnet Way Borehamwood Herts WD6 2XX Southern Rock Insurance Company Limited is authorised and regulated by the Financial Services Commission. Registered in Gibraltar (No. 93137) Alwyn Insurance Company Limited is authorised and regulated by the Financial Services Commission. Registered in Gibraltar (No. 106261) Pinnacle Insurance plc is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority Zenith Insurance plc Suite 846-848 Europort Gibraltar Zenith Insurance plc is regulated by the Gibraltar Financial Services Commission and subject to a limited regulation by the Financial Conduct Authority in respect of underwriting insurance business in the UK (FCA Register Number 211787).Registered in Gibraltar (No. 84085). page 20 General Exclusions Applying To The Whole of Your Car Insurance Policy These General Exclusions apply to all sections within Part A of this insurance Policy and describe the things which are not covered. These apply as well as the exclusions shown in each Section of Part A detailing the cover provided. 1) This Policy does not apply when any car covered by it is: a. used for any purpose not permitted by the effective Certificate of Motor Insurance. b. driven by or in the charge of anyone who is not described in the Certificate of Motor Insurance as a person entitled to drive or who is excluded from driving by any Endorsements. c. driven by or in the charge of anyone who does not have a valid driving licence or who is disqualified from driving or who has not held a driving licence or who is prevented by law from holding one or who is driving outside the conditions or limitations of their licence, particularly, but not limited to, that of being not being accompanied by a qualified driver whilst holding a provisional licence. d. driven by or in the charge of anyone who does not keep to the conditions of their licence e. used to tow, for reward, any Trailer or vehicle (or any property in the Trailer, or vehicle). f. used to carry passengers or goods in a way likely to affect the safe driving and control of the car. g. driven by, or is in the charge of any person whom Your Car has been hired. h. involved in any incident regardless of type, be that Accident, Fire, Malicious Damage, Theft or attempted Theft and does not have a valid MOT Certificate in force at the time of the incident i. used in an unsafe or unroadworthy condition or, where such regulations require, does not have a current MOT Certificate (You may be asked to provide details to show that Your Car was regularly maintained and kept in a good condition). j. used in connection with the motor trade. k. driven by or in the charge of anyone who does not meet all the conditions described in the Endorsements in Your Motor Policy Schedule and all the General Conditions Applying to the Whole Policy and any other Terms of this Policy. l. Involved with an incident following which You, a driver described on Your Certificate of Insurance as an insured driver, or any other person are convicted of: • Driving with an alcohol level in excess of the legal limit; • Driving while unfit through drink or drugs; • Failing to provide a blood, urine or breath specimen (other than for a roadside test), for analysis. page 21 2) 3) 4) 5) 6) 7) 8) 9) m. loss or damage caused maliciously or deliberately by any person driving Your Car with Your permission or agreement. In such circumstances we will make payments to satisfy our obligations as required under the Road Traffic Acts, but we reserve the right to seek to recover any such amounts from You or the driver of your car. This Policy does not cover any loss, damage, liability, expense or bodily injury which is directly or indirectly caused by, contributed to or arising from: a) ionising radiations or contamination by radioactivity from any eradicated nuclear fuel from any nuclear waste from the combustion of nuclear fuel b) the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component of it c) carrying any dangerous substances or goods Except to the extent that We are liable under the Road Traffic Acts, this Policy does not cover any consequence whatsoever resulting directly or indirectly from or in connection with any of the following regardless of any other contributory cause or event: (i) Terrorism, war, invasion, act of foreign enemy, hostilities or warlike operation or operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power (ii)any action taken in controlling, preventing, suppressing or in any way relating to (i) above This Policy does not cover death of or bodily injury to any person or damage to any property which is directly or indirectly caused by pollution or contamination, unless this pollution or contamination is directly caused by an incident which occurs in its entirety at a specific time and place during the Period of Insurance and is sudden, identifiable, unintended and unexpected. We will consider the pollution or contamination to have happened at the time the incident took place We will not pay the claim and all premiums and cover under the Policy is forfeited if You or anyone acting for You makes a claim under the Policy knowing the claim to be false, fraudulently inflated or supported by fraudulent documents or if the loss, damage or injury is caused by Your wilful act or with Your support This Policy does not apply when any car covered by it is towing more than one Trailer at any one time Loss or damage arising, during or in consequence of: a)earthquake b) riot or civil commotion occurring elsewhere than in Great Britain, Isle of Man or The Channel Islands Except as required by any Road Traffic Act Loss or damage directly occasioned by pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speed This Policy does not provide cover for any accident, injury, damage, loss, or any liability of whatsoever nature while Your Car is in or on that part of an aerodrome, airport, airfield or military base provided for: a) the take off or landing of aircraft and/or the movement of aircraft on the surface page 22 b) aircraft parking aprons including the associated service roads refuelling areas and ground equipment parking areas 10)Racing of any description or for racing formally or informally against another motorist, or being used in any contest, competition, pace-making, rallies, trials or tests either on a road, track or at an off road or 4*4 event (apart from treasure hunts). 11) Your Car whilst being used on any form of Track Day 12)Any liability that You have agreed to accept unless You would have had that liability anyway. 13)Any decision or action of a court which is not within the Territorial Limits is not covered by this Policy unless the proceedings are brought or a judgement is given in a foreign court because Your Car was used in that Country and We had agreed to cover it there 14)This Policy does not provide cover for use of any description on footpaths, bridleways or restricted byways and ONLY provides cover to meet the minimum insurance requirements under the Road Traffic Act for vehicular use on a byway open to traffic. 15)Any loss, damage or liability if Your permanent place of residence is not within the Territorial Limits. 16)loss or damage caused maliciously or deliberately by any person driving Your Car with Your permission, agreement or support. Nothing in this Policy will affect the right of any person Indemnified or of any other person to recover an amount under or by virtue of the provisions of the law of any country in which this Policy operates relating to the insurance of liability to third parties. However, You will have to repay to Us all sums which We have paid but would not otherwise have paid had the provisions of the laws of such countries not applied. page 23 Section 1. Loss And Damage Loss of or Damage to Your Car, Accessories or Spare Parts In the event of damage to Your Car resulting from Accident, Fire or Theft We will either: • Repair the damage • Replace what is lost or damaged beyond economical repair • Pay the cost of the loss or damage at our discretion. The most We will pay is the Market Value of Your Car, Accessories (subject to Policy limitations) and spare parts at the time of the loss or damage. We will not pay more than the amount for which You insured them. If, to Our knowledge, Your Car is subject to a hire purchase, finance or leasing agreement, any payment will be made to the owner described in that agreement whose receipt will be a full and final discharge to Us. If a replacement for any damaged accessory or part of Your Car is not available We will pay the value of the accessory or part at the time of the loss. We will not pay more than the manufacturer’s last quoted list price in the United Kingdom for the accessory or part. If such a list is not available the most We will pay is the manufacturer’s last quoted list price in the United Kingdom for an equivalent accessory or part. We may use Accessories or parts, which are not made or supplied by the manufacturer of Your Car but are of a similar type and quality to the parts We are replacing. We reserve the right to replace any parts with a part that is standard to the manufacture of the Car. If Your Car has been modified and this has not been disclosed to Us when taking out cover Your claim may be rejected and this Policy invalidated. We will not be responsible for additional storage costs caused by the unavailability of an accessory or spare part nor the cost of importation of any accessory or part into the United Kingdom. If Your Car cannot be driven because of the loss or damage covered under this Policy We will pay the reasonable cost of protecting Your Car and taking it to the nearest competent repairer. After it has been repaired We will pay the reasonable cost of delivering it to Your address in the United Kingdom. We will retain at Our discretion, the right to the salvage of a vehicle following a total loss for disposal in accordance with the Association of British Insurers Codes of Practice. Get You To Your Destination Following an accident, theft, attempted theft, fire, or vandalism that leaves Your vehicle undriveable, We will arrange and reimburse You for: (a)the cost of transporting You, Your vehicle and any passengers to a destination within the territorial limit provided that the Person(s) are transported to the same destination; or page 24 (b)the cost of transporting the Insured Person(s) to a hotel. You will have to pay for the cost of this, and the hotel costs; but We will reimburse You up to £50 per person per night for accommodation. The most We will pay for transport to the hotel and the cost of hotel accommodation is £500 for any one incident. You must pay the hotel bill, but We will pay You back on receipt of the relevant bill(s) subject to the £500 limit for any one incident; but You must also have claimed under Your motor policy. In-Car Entertainment, Communication and Navigation Equipment This Policy will cover the loss of or damage to any radio, cassette, disc player or similar apparatus and component parts and is limited to the maximum payable (shown below) upon any one occasion when loss or damage occurs. This cover applies only to equipment permanently fitted to Your Car. Comprehensive£750 Third Party Fire and Theft £500 The cover levels shown are prior to deduction of the applicable Policy Excess. Portable items (such as radar detection equipment, personal digital assistants or portable GPS navigators), cassette tapes, compact discs or DVDs are not covered under this section. Provision of a Courtesy Car This section applies only if the cover shown on your Policy Schedule is Comprehensive What is covered If a valid claim is made under this policy, and the insured vehicle is to be repaired by one of our approved repairers, the repairer will provide you with a courtesy car (subject to availability) for the duration of the repairs. If the parts required to repair the insured vehicle are not immediately available to our approved repairer we reserve the right to withhold the provision of a courtesy car until such time as the necessary parts are available and repair work can proceed. If the insured vehicle is accepted by our approved repairer as being a repairable proposition, but it is subsequently deemed by us to be beyond economical repair, we reserve the right to withdraw the courtesy car immediately. The courtesy car can only be provided subject to availability and will be supplied subject to our approved repairer’s standard terms and conditions, for use in the United Kingdom only. Our aim is to keep you mobile rather than the courtesy car being a replacement for the insured vehicle in terms of status or performance. The courtesy car will normally be a small hatchback of less than 1200cc. page 25 While you are in possession of the courtesy car, cover for loss of or damage to the car will be provided by this policy in accordance with its terms, endorsements and conditions, including excesses for which you will be responsible. We will not make a charge for this cover. Any accidents or losses while you are in possession of the courtesy car must be reported to us immediately, and may affect your No Claim Discount. Driving of the courtesy car will be limited solely to those persons named on your certificate of motor insurance, and the use of the car will be restricted to the use described on that certificate. You are not required to inform us when you are supplied with a courtesy car from our approved repairer. You must return the courtesy car to our approved repairer either when we ask you to do so or if this insurance falls due for renewal and you fail to renew it with us. Excess For full details of any Excesses which may apply to a particular claim, refer to the Endorsements shown in this Policy and referred to in the Motor Policy Schedule. Please note that any claim accepted under this Policy for malicious damage would be classed as a fault claim and the Excess payable will be shown as E1 Own Damage Excess as specified in the Motor Policy Schedule. Young/Inexperienced Drivers Any driver under the age of 25, or any drivers 25 years of age and over who are licenced to drive but have not yet held a Full UK/EU licence for a full 12 months period. The standard Policy Excess is stated on Your attached Schedule. If Your Vehicle or any of its Accessories or spare parts are damaged whilst Your Vehicle is being driven by, or in the charge of a person who is young or inexperienced, You will have to pay the additional excess shown below towards any claim. Additional Excess Inexperienced driver aged 25yrs and over £100 Young driver aged 21-24yrs (Inclusive) £150 Young driver 17-20yrs (Inclusive) £250 You will not have to pay the amounts shown above if the loss or damage is caused by Fire or Theft as a standard Fire & Theft Excess of £100 applies. page 26 What is not Covered We will NOT pay for any of the following: 1) depreciation, wear and tear, mechanical, electrical and electronic breakdowns or failures, or equipment or computer malfunctions 2) loss of use or value of Your Car 3) damage to tyres by application of brakes or by punctures, cuts or bursts 4) loss where property is obtained or attempted to be obtained by any person using any form of payment which proves to be counterfeit, false, fraudulent, invalid, uncollectable, irrecoverable or irredeemable for any reason 5) loss resulting from repossession of Your Car or return to its rightful owner 6) loss of or damage to Your Car caused by a member of Your immediate family, or a person living in Your home, taking Your Car without Your permission 7) loss of or damage to Your Car or Accessories while You are not in the car arising from Theft or attempted Theft, malicious damage and vandalism when: • ignition keys have been left in or on Your Car; or • Your Car has not been secured by means of door and boot lock; or • any window or any form of sliding or removable roof or hood have been left open or unlocked; or • Your Car is fitted with a manufacturer’s standard security device and the device is not operational or is not in use, 8) loss or damage to portable devices e.g. telephone, communication, navigation, radar equipment or loss or damage to television/games equipment of any kind 9) any increase in damage as a result of Your Car being moved under its own power following an Incident, Fire or Theft, unless Your Car is causing an obstruction 10)damage caused by frost or freezing 11) that part of the cost of any repair or replacement which improves Your Car beyond its condition immediately before the loss or damage occurred 12)any loss or damage whilst You, anyone insured under Your Policy, or anyone You give authority to, undertakes any form of repairs or improvements to Your Car who is not qualified to do so 13)loss or Theft of keys or similar device, remote controls or security devices and in any of these events the replacement of locks 14)loss or damage to any Trailer whether or not it is being towed by or attached to Your Car 15)loss or damage caused by an inappropriate type or grade of fuel being used 16)any amount above the cost (or in the case of a vehicle of foreign manufacture the sterling equivalent of the cost) of any parts or Accessories according to the manufacturer’s last published list price plus the reasonable cost of fitting 17)any loss or damage whilst being parked by an employee of a hotel or restaurant or car parking service 18)loss of or damage to Your Car arising from confiscation or requisition or destruction by or under order of any Government or Public or Local Authority page 27 19)loss of or damage to Accessories and spare parts by Theft if Your Car is not stolen at the same time 20)loss of Your Car through deception by someone who claims to be a buyer 21)any storage charges unless You tell Us about them and We agree in writing to pay for them 22)any loss of any kind directly or indirectly arising from the provision of, or delay in providing, the services to which this Policy relates, unless negligence on Our part can be demonstrated. An example of this would be the loss of wages as a result of an insured incident. 23)Personal Belongings that are not Accessories. 24)any loss or damage up to the amount of the Excess that appears in Your Motor Policy Schedule or elsewhere in this policy document. page 28 Section 2. Liability To Third Parties Cover Provided for You • This Policy covers You for all You legally have to pay for the death of or personal injury to any person as a result of an incident involving Your Car • Damage to any property as a result of an incident involving Your Car for up to £20,000,000 and for costs and expenses incurred up to £5,000,000. This cover applies to any one event or any series of incidents resulting from one event. Driving Other Cars If Your current Certificate of Motor Insurance includes driving other Cars, this Policy provides the same cover as Section 2 ‘Cover Provided for You’ above, when You are driving any other car. Note that there is no cover for loss or damage to that other Car. This extension of cover is not available to use of a car derived van, van, motorcycle or any other motor vehicle that is not a private motor car. This cover only applies if: • The person driving is the policyholder • The Policyholder is 25 years of age or over at the time of inception or renewal of this Policy • You do not own or have not hired the car under a lease, finance or hire purchase agreement • You are still in possession of the car insured under this Policy and it is not reported stolen or written off • You are not a firm or company • The car is being used within the “limitations of use” shown in Your current Certificate of Motor Insurance • There is a current and valid Policy of insurance in force for the car being driven under this section of the Policy • You are not entitled to make a claim for damage under any other insurance Policy • You have the owner’s permission to drive the car • The car is being driven within the United Kingdom, Isle of Man or The Channel Islands • The car being driven is registered within the United Kingdom, Isle of Man or The Channel Islands • The car has not been seized by, or on behalf of, any government or public authority Exclusions to Driving Other Cars: • Use of a car derived van, van, motorcycle or any other motor vehicle that is not a private motor car • This extension of cover is not available to any driver other than the policyholder page 29 Cover provided for Other People We will give the following people the same insurance cover We give You: • Anyone You allow to drive Your Car who is named to drive it under the Certificate of Motor Insurance and is not excluded by an Endorsement. • Anyone You allow to use, but not drive, Your Car for social, domestic and pleasure purposes. • Any passenger travelling in or getting out of Your Car. Your Legally Appointed Representatives If anyone insured under this Policy dies, We will transfer to their estate the protection We provide under this Policy. Legal Fees and Expenses If We give Our prior written agreement, We will pay the fees of the legal representatives We instruct to: (a)Represent anyone insured under this Policy at any Coroner’s Inquest or Fatal Accident Inquiry and to defend proceedings in a Court of Summary Jurisdiction for any incident which might give rise to a claim under part (b) below. (b)Defend anyone insured under this Policy if legal proceedings are taken against that person for manslaughter or causing death by reckless driving. This cover for legal fees and expenses only applies if: • You ask Us to provide the cover and We agree to provide it. • The death or deaths giving rise to the proceedings are caused by an incident covered by this Policy. What is not covered The cover under this section will not apply: • for loss or damage to property belonging to or in the custody or control of any person insured under this part of the Policy • to liability for the death of or bodily injury to any person out of their employment by any person insured under this Policy except as required by any Road Traffic Act • in respect of damage to any car in connection with which Indemnity is provided by this section • to loss of or damage to any Trailer You tow • to any liability, injury, loss or damage resulting from anything sold, transported or supplied by You or on Your behalf page 30 Section 3. Medical Expenses If You, Your driver or any of Your passengers are injured in an incident involving Your Car, We will pay the medical expenses of up to £100 for each insured person. page 31 Section 4. Emergency Medical Treatment We will pay for emergency treatment as required under the Road Traffic Acts. Any payment made under this section will not affect Your No Claims Discount. page 32 Section 5. Windscreen/Glass Cover We will pay for a broken or damaged windscreen or windows in Your Car and scratching of the bodywork caused by them breaking. You will pay £75 (the Excess) towards each claim for a broken windscreen or windows. If the damage is repairable and does not require a replacement windscreen or window, then the Excess does not apply. Provided You contact the Windscreen/Glass Help Line to arrange for replacement or repair of Your windscreen or windows, the cover supplied by this Policy will be unlimited. However, if any other repairer is used then cover will be restricted to £100.00 less the standard Excess. Any payment under Section 5 solely for the breakage of Your windscreen or windows shall not affect any entitlements to No Claims Discount. What is not covered We will NOT pay for any of the following: • any damage to sun roofs, roof panels, convertible roofs, lights or reflectors whether glass or plastic • any amount greater than the Market Value of Your Car at the time of the incident • any incidents due to mechanical failure of automatic or manual sun roofs, roof panels or convertible roofs • any incident, loss or damage whilst Your Car is being driven outside the Territorial Limits, claims for these incidents shall be dealt with under Policy Section 1 and may be subject to an accidental damage excess as detailed in Your Motor Policy Schedule • where Policy cover is upgraded to Comprehensive following a change to the insured car during the term of the Policy, all benefits under Section 5 Windscreen & Glass Cover remain excluded No claims can be made under this section of the Policy for acts of malicious damage or vandalism, claims for these incidents shall be dealt with under Policy Section 1. Windscreen/Glass Claim Helpline Numbers 0800 999 5000 for Policies ending with MZ 0800 294 7772 for all other Policies page 33 Section 6. Foreign Travel European Union Compulsory Insurance In compliance with European Union (EU) directives the insurance provided by this Policy will allow the minimum cover required to use Your Car in: a) any other member country of the European Union; b) any other country outside of the European Union which has agreed to follow European Directives approved by the commission of the European Union. Countries include: Andorra, Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France (including Monaco), Germany, Gibraltar, Greece, Hungary, Iceland, Italy (including San Marino and the Vatican City), Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Republic of Ireland, Romania, Slovakia, Slovenia, Spain, Sweden and Switzerland (including Liechtenstein). International Motor Insurance Card (Green Card) All countries mentioned under European Union Compulsory Insurance have agreed that a Green Card is no longer necessary for cross border travel. Your Policy, Motor Policy Schedule and Certificate of Motor Insurance will therefore provide sufficient evidence that You are complying with the laws relating to compulsory motor insurance in any of these countries that You visit. Foreign Use In addition to this minimum cover the insurance provides the cover shown in Your Motor Policy Schedule in any country referred to above, subject to Your permanent place of residence being within the UK, Isle of Man or The Channel Islands. This extension is provided for the purpose of travel only. Cover under this section includes: • Transit by road, sea or rail in or between countries referred to above • If Your Car is not fit to drive and is in or between countries referred to above and providing You have loss or damage covered under this Policy and We agree beforehand, We will reimburse any customs duty You may have to pay What is Not Covered • driving other cars. If Your Certificate of Motor Insurance allows the Policyholder to drive any other car, that cover does not apply outside of the UK, Isle of Man or The Channel Islands • any loss, damage or liability when Your Car is taken outside of the UK, Isle of Man or The Channel Islands for any reason other than a temporary visit for social, domestic and pleasure purposes page 34 • any loss, damage or liability if Your permanent place of residence is not within the UK, Isle of Man or The Channel Islands • any decision or action of a court which is not within the UK, Isle of Man or The Channel Islands is not covered by this Policy unless the proceedings are brought or a judgement is given in a foreign court because Your Car was used in that Country and We had agreed to cover it there. • any loss, damage or liability if Your Car is being used for commuting or in any business capacity page 35 Section 7. Servicing or Repair Your cover will continue to apply to Your Car when it is in the possession of the motor trade for overhaul, upkeep, service or repair unless any other insurance operates. At these times the driving and usage limitations set out in Your Certificate of Motor Insurance will not apply, providing the car is worked on by a motor trader or their employees. page 36 Section 8. Personal Belongings We will pay up to a maximum of £150 for loss or damage to personal belongings carried in or on Your Car caused by Fire, Theft or accidental means. Additional Benefit We will also cover the cost of replacing children’s car seats and booster seats up to a maximum amount of £100 if Your Car is involved in an incident, damaged by Fire or Theft, or stolen and not recovered, even if there is no apparent damage. What is Not Covered We shall not be liable for loss of or damage to the contents of Your Car including but not limited to: • money, stamps, tickets, documents, securities, lottery tickets, raffle tickets, promotional vouchers or Air Miles vouchers • goods, tools or samples carried in connection with any trade or profession • property that is covered under any other Policy • tapes, cassettes, compact and mini discs, DVD’s, citizen band radios, phones or phone equipment • Theft of personal belongings if carried in an open top or convertible car unless contained in a locked boot • loss or damage of personal belongings arising from Theft while the ignition key or similar device has not been removed or all doors, windows and other openings have not been closed and locked whilst Your Car is left unattended page 37 Section 9. Personal Accident If You or Your Partner suffer accidental bodily injury in direct connection with Your Car or while travelling in or getting into or out of any other car and the injury is the cause of death, loss of, or permanent and total loss of use of, one or more limbs at or above the elbow or knee, permanent blindness in one or both eyes. Payment will only be made if the injury, independently of any other cause and within 3 months of the accident, results in: Amount we will pay for each insured person Death £5,000 Complete and permanent loss of sight of one or both eyes £2,000 Complete and permanent loss of one or more limbs £2,000 The most We will pay is £5000 in any one period of insurance regardless of the number of persons injured or the types of injury sustained. What is Not Covered We will not pay the benefit if: • You do not have cover under this Section • the death or bodily injury is caused by suicide or attempted suicide, any intentional self-injury or by drugs, alcohol or any other substance taken or inhaled • the injured person is less than 21 years of age or 75 years old and over • death, loss of eyes or limbs arises more than three months after the event leading directly to the condition • the death or bodily injury is caused by disease, physical sickness or disability • anyone fails to keep to the law regarding the use of seat belts page 38 Service Standards How to make a complaint It is our intention to provide you with a high level of service at all times. In the unlikely event that you should have cause for complaint, please write to the Quality Manager at the following address: The Quality Manager Asda Car Insurance Service Team MMT Centre Severn Bridge Aust Bristol BS35 4BL Alternatively you can contact Asda Car Insurance by email: [email protected] We will acknowledge receipt of your complaint in writing promptly and provide you with a timescale for a full response. We will endeavour to provide you with a final response within 8 weeks. Full details of our complaints handling procedures are available upon request. Taking Your Complaint Further If you remain dissatisfied with our response to your complaint you may be able to refer the matter to the Financial Ombudsman Service. To use their service you must be eligible and your complaint must be sent to them within 6 months of our final response letter. You may contact them at: Financial Ombudsman Service South Quay Plaza 183 Marsh Wall London E14 9SR Tel: 0800 023 4567 (from a landline) or 0300 123 9 123 (from a mobile) Email: [email protected] Website: www.financial-ombudsman.org.uk Customer comments To ensure that We provide the kind of service You expect We welcome Your feedback in order that We can improve Our products and services. If You have any comments or suggestions about Our cover, services or any other feedback please email: [email protected]. page 39 Part B Your Legal Cover Policy Administered by Albany Assistance Limited Legal Helpline Number: 0845 241 6039 Your Legal Expenses Policy The Underwriters upon payment of the premium agree to indemnify the Insured and Insured Person(s) against Legal Costs and Expenses subject to the Policy Terms, Limit of Indemnity, Exclusions and Conditions herein in respect of an Insured Event. Definitions Each of the words or phrases listed below will have the same meaning wherever they appear in the insurance: Appointed Agents Albany Assistance Limited (Albany) which will act on behalf of AmTrust Europe Limited in connection with the Policy and its administration and may monitor and record calls for the purposes of training and the prevention of crime and will, where the context so admits include its subsidiary and associated companies including any holding companies of them. Appointed Legal Representative The Solicitor or other appropriately qualified legal representative or specialist consultant who We approve, appointed under the terms and conditions of this Policy to act for the Insured Person. Claim A civil claim for damages for Uninsured Losses arising out of an Insured Event. Coverholders Albany Assistance Limited (Albany). Insured The person, firm or company who is entitled to participate in the Uninsured Loss Recovery service offered by the Coverholders and has paid the Premium or who’s Participating Agent has agreed to pay the Premium on their behalf. Insured Event Any road traffic accident (excluding claims for theft and fire) arising, from the negligence of a Third Party, which may result in the Insured Person incurring Legal Costs and Expenses in bringing a Claim relating to: • Loss of or damage to the Insured Vehicle; page 40 • Damage to any personal property owned by the Insured Person or for which the Insured Person is legally responsible while such property is in or on the Insured Vehicle; • Death or personal injury to the Insured Person whilst in, on, mounting or dismounting from the Insured Vehicle. Any such accident must occur within the Period of Insurance and within the Territorial Limits of this Policy. Insured Person You and any person authorised to drive the Insured Vehicle under Your Motor Insurance Policy or any authorised passenger at the Coverholders discretion in or on the Insured Vehicle who are claiming under this Policy with Your consent, or Your or their legal representative in the event of death. Insured Vehicle The vehicle specified in the underlying Motor Insurance Policy taken out by the Insured. Legal Costs And Expenses In relation to an Insured Event means any legal fees, costs and disbursements reasonably and properly incurred in relation to a Claim and any consequent Legal Proceedings limited to amounts which are or would be allowed on a detailed assessment where costs are payable by one party to another under the civil procedure rules or any other rules which replace them from time to time: 1. By the Appointed Legal Representative, including fees of Counsel instructed by them when acting on behalf of the Insured Person in bringing a Claim, and in any event is limited to the standard basis. 2. By any other party to the Claim which the Insured Person is liable to pay as a result of an order or award of the court or other tribunal or a negotiated settlement provided that such settlement is made with Our agreement, and in any event is limited to the standard basis. Legal Proceedings All work necessary regarding a Claim with the approval of the Underwriters, subject to the jurisdiction of courts within the Territorial Limits. Appeals from such hearings are also included when We are notified by the Insured Person of their wish to appeal at least five working days before the deadline for giving notice of appeal expires. We must also consider the appeal to have reasonable prospects of success. Advice and assistance, but not representation will be provided in matters dealt with in the Small Claims Track or any other proceedings or dispute resolution process where costs cannot be recovered or paid on a standard or similar basis. Limit Of Indemnity A maximum of £100,000 for all Legal Costs and Expenses of the Insured Person and including opponent’s costs, where awarded, arising out of any one Insured Event. page 41 Motor Insurance Policy The policy of insurance issued to You in compliance with the Road Traffic Act valid at the time of the Insured Event. Participating Agent The insurance intermediary, firm or company who are authorised to sell this Policy to the Policyholder on behalf of Us and the Underwriters. Period Of Insurance The period commencing from when the Insured pays or promises to pay the premium to the Participating Agent, to the expiry date of the underlying Motor Insurance Policy in force in respect of the Insured Vehicle which in no circumstances will exceed 12 months. Policy This policy of insurance. Policyholder The person, firm or company who has taken out this Policy and has paid the Premium. Premium The payment, which is required to be paid to the Participating Agent or Us, by You for the Insured Person to obtain benefit of this Policy. Prospects Of Success Reasonable prospects considered as a 51% or better chance of success. Territorial Limits Great Britain, Northern Ireland, Isle of Man, Channel Islands, any other Country which is a member of the European Union, Norway, Switzerland, Iceland, Croatia, Andorra and Liechtenstein provided that the Insured has arranged a Green Card where recommended through the insurer who has issued the underlying Motor Insurance Policy. Third Party The other person(s) and/or party(s) responsible for the accident, excluding the Insured Person (as defined in this Policy). Underwriters AmTrust Europe Limited. Uninsured Loss Any loss, including injury, compensation or expenses or costs that are directly caused by the Insured Event which led to Your Claim, unless specifically stated in this Policy, and which are not covered by Your underlying Motor Insurance Policy. page 42 We, Us, Our Albany Assistance Limited and/or the Underwriters. You, Your The Policyholder and/or Insured. Cover The Underwriters will indemnify the Insured Person against Legal Costs and Expenses incurred in the pursuit of a civil claim against a Third Party arising from an Insured Event subject to: a) The Insured having paid or promised to pay the Premium b) The Insured Event taking place within the Territorial Limits and within the Period of Insurance. c) The claim having reasonable Prospects of Success. d) The maximum sum We pay not exceeding the Limit of Indemnity. e) The terms and conditions of this Policy. Conditions 1. Compliance and Precautions You and the Insured Person must comply with all of the terms and conditions of this Policy and take all reasonable precautions to minimise the cost of Claims or Legal Proceedings and attempt to prevent any event, which may cause a Claim. 2. Reporting the Claim The Insured Person must immediately report to Albany either directly or via the Participating Agent any Insured Event that may give rise to a Claim and must complete any forms requested. The Insured Person must supply, without delay, all information the Appointed Legal Representative or We require or reasonably request. All information and forms must be sent to Albany. The Insured Person must not do anything, which may prejudice their Claim. If you have experienced an Insured Event, please telephone the claims helpline on 0845 241 6039 as soon as possible and this must be within 90 days of Your accident. You will need to confirm You are insured with the Participating Agent and provide Your Policy number, Your vehicle registration number, date of accident and any supporting details/information required to pursue the claim. 3. Acceptance of A Claim Where We accept a Claim, We will notify the Insured Person or the Participating Agent in writing as soon as practicable. page 43 4. Representation a) Albany has the right to make investigations into the case. b) Albany also has the right to negotiate and settle the Claim, in the Insured Person’s name, before an Appointed Legal Representative is instructed. c) Where appropriate Albany will pass the Claim to an Appointed Legal Representative to be dealt with. They will be instructed in the name of the Insured Person and may negotiate and settle the Claim on their behalf. d) Where Legal Proceedings are necessary or where it is otherwise required, the Appointed Legal Representative will be a solicitor chosen by Albany. If You wish to appoint Your own solicitor, Albany will only accept that appointment if the request is made in writing to them and they are satisfied that the solicitor is able to deal with the case. They must sign Albany’s Non-panel Solicitor Terms and Conditions and have a duty to minimise the costs of any Claim and/or Legal Proceedings. Once Your chosen solicitor has been approved by Us, they will become the Appointed Legal Representative subject to the terms and conditions of this Policy. Indemnity under this policy to Your Appointed Legal Representative will only commence when the need arises for proceedings to be issued and then only with Our acceptance. You must not change the Appointed Legal Representative without Our prior written consent. This condition is subject to any rights of the Insured under regulation 6 of the Insurance Companies (Legal Expenses Insurance) Regulations 1990, where applicable. Any dispute arising from the Insured Person’s choice may be referred to arbitration as set out in Clause 12. e) There will only be a transfer of representation to another Appointed Legal Representative if there is a good reason to do so. 5. Control of The Claim a) We can attempt to settle the claim prior to the appointment of the Appointed Legal Representative or the issue of proceedings. b) The Insured Person must co-operate fully with the Appointed Legal Representative and Us and in particular, the Appointed Legal Representative and We must be kept continually and promptly informed of all developments relating to the Claim of which the Insured Person is aware and must be provided immediately with all information, evidence and documents relating to the Claim in their possession. c) We shall have direct access to the Appointed Legal Representative at all times in relation to any Claim. d) The Insured Person must instruct the Appointed Legal Representative to produce to Us immediately any documents, information or advice in their possession. The Insured Person must also give the Appointed Legal Representative such prompt, proper and reasonable instructions in relation to the Claim and the conduct of any litigation, as the Underwriters or We require. e) The Insured Person should advise Us directly or through their Appointed Legal Representative immediately of all offers to settle or payments into court in respect of the Claim. No offer of settlement or negotiation can be made without Our agreement. page 44 f) If the Insured Person does not accept the offer or payment into court and We consider that the outcome of the case will not be bettered We reserve the right to withdraw cover and will not be responsible for any further Legal Costs and Expenses after the offer or payment into court was made. g) We may discharge Our liabilities to the Insured Person under this Policy by paying an amount equal to that claimed subject always to such sum not exceeding the Limit of Indemnity. h) The Insured Person shall take all reasonable steps to keep the costs of the Claim or any Legal Proceedings to a minimum. i) The Insured Person must send to Us directly or authorise the Appointed Legal Representative to send to Us all bills for Legal Costs and Expenses, orders or awards for costs immediately on receiving them and We have the right to have these submitted for assessment by the courts or certification by the Law Society. j) The Insured Person must authorise any Appointed Legal Representative to receive any sums by way of legal costs recovered from the Third Party and to pay the same to Us to the extent of the sums indemnified under this Policy. Any sums received directly by the Insured Person should similarly be paid over to Us to the extent of the sums indemnified under this Policy. k) The Insured Person must take all action possible to recover any costs, charges or fees the Underwriters or We may have paid or be liable to pay under this Policy and pay any such amounts recovered to Us. In any event, upon payment of all sums due for Legal Costs and Expenses under this Policy We can take over and if necessary conduct proceedings in the name of the Insured Person to recover such Legal Costs and Expenses which the Insured Person is entitled to receive from the Third Party. 6. Withdrawal If the Insured Person withdraws from a Claim or discontinues instructions to an Appointed Legal Representative expressly or by omission without the agreement of the Underwriters or Coverholders, all Legal Costs and Expenses and Defendants Legal Costs will become the responsibility of the Insured Person. In addition, We will be entitled to be reimbursed by the Insured Person of all Legal Costs and Expenses paid or incurred during the course of the Claim. 7. Communication All notices and communications from Us and / or Our authorised representatives are deemed to have been received within two working days if sent by first class pre-paid post to the Insured Person’s last known address. We do not disclose Your information to anyone outside the Group except where We may transfer rights and obligations under this agreement. 8. Dual Insurance If at the time of any Insured Event there is any other insurance, which provides cover for the loss, or any part of it We will only be responsible for the amount not recoverable under that insurance. page 45 9. Prospects of Success Cover will only be provided if We and where applicable, the Appointed Legal Representative, are of the opinion that there are reasonable prospects of recovery from the Third Party. In cases where the Insured Event occurs outside of the United Kingdom We reserve the right to conduct enquiries or take legal advice on the Prospects of Success in the appropriate jurisdiction before deciding whether to provide cover. We can give written notice to the Insured Person and the Appointed Legal Representative to discontinue cover if during the course of a Claim We consider reasonable Prospects of Success no longer exist. 10. Compliance and Avoidance of Policy Albany and/or the Underwriters have the right to cancel this Policy and declare the same null and void in the event of any breach of Policy terms and conditions if: a) The Policyholder does not hold a valid Motor Insurance Policy or, if relevant, valid Green Card, at the time of the Insured Event for the vehicle involved. b) The Policyholder’s motor insurers are entitled to avoid the Motor Insurance Policy or refuse indemnity. c) Any statements or answers made by the Policyholder to Us or the Underwriters prior to commencement of this Policy are found to be false or untrue. d) The Policyholder fails to answer the questions asked in the proposal form honestly and with reasonable care. e) An Insured Person makes any Claim under this Policy, which is fraudulent or false in relation to the answers given on the proposal form. f) You fail to pay the required Policy Premium, if not having been waived, to the Participating Agent or Us within 14 days of receiving Your Welcome Pack. 11. Alteration You must notify Us immediately of any change, which may or does affect this Policy. 12. Arbitration In the event of any dispute or difference whatsoever arising out of this Policy or any Claim made there under the matter shall be referred to an arbitrator who shall be either a solicitor or a barrister agreed upon by the Insured Person and Us. If the Insured Person is not the Policyholder by claiming under the Policy they agree to be a party to any Arbitration under this Clause whether jointly with the Policyholder or otherwise and whether as Claimant or Defendant. If We cannot agree on an arbitrator then the President of the Law Society or the Chairman of the Bar Council or similar legal professional body within the Territorial Limits will choose one. The appointment and subsequent arbitration shall be binding on both parties. Whoever loses the arbitration must pay all the costs involved. If the decision is not clearly made against the Insured Person or Us, the arbitrator will decide how the Insured Person and We will share the costs. page 46 Exclusions The Underwriters will not indemnify the Insured Person in respect of: 1. Any Insured Event that took place prior to the Period of Insurance. 2. Any Claim reported to Albany more than 90 days after the Insured Event. 3. Any Legal Costs and Expenses for any period subsequent to a refusal by the Appointed Legal Representative to act further for the Insured Person for a reason, which Albany consider, is justified unless Albany agree to another Appointed Legal Representative being instructed. 4. In any case where the Insured Person has misled the Appointed Legal Representative or Albany as to the circumstances of the accident. 5. In any case where the Insured Person fails to answer the questions asked by Albany and/or the Appointed Legal Representative in relation to the Claim, honestly and with reasonable care. 6. Compensation, costs, damages, fines or penalties of any kind awarded by a court of criminal jurisdiction. 7. Claims for damage to any property or any related loss, expense or costs that are indirectly caused by the Insured Event which led to Your Claim, unless specifically stated in this Policy. 8. Any Claim arising out of a deliberate and/or criminal act or omission or which is found to Albany’s satisfaction to be of a fraudulent nature. 9. Any Claim arising from the theft or attempted theft of the Insured Vehicle. 10. In any case where the Insured Person does not possess a valid Motor Insurance Policy, valid road fund licence or MOT for the Insured Vehicle or a valid driving licence. 11. In any case where the Insured Vehicle is not in a roadworthy condition at the time of the Insured Event. 12. Any Claim where the Insured Person’s motor insurers are entitled to repudiate the Motor Insurance Policy or refuse indemnity. 13. All Claims in the Territorial Limits where a valid Green Card is required and has not been issued. 14. Any Insured Event arising out of the use of an Insured Vehicle by the Insured Person in connection with racing, rallies, trials or competitions of any kind. 15. Any Claim where no Premium has been paid by You or received by the Participating Agent or Us within 14 days of the date of issuing of the Policy, save where this requirement has been waived. 16. Any Claim where the Third Party cannot be traced or identified, or does not hold a valid motor insurance. 17. Any Claims or counter Claims made against You by the Third Party. 18. Any Claims arising from: a) Ionising, radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. b) The radioactive, toxic, explosive or other hazardous properties of any nuclear assembly or component of it. page 47 c) Riot, civil commotion, war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, nationalisation, requisition, destruction or damage to property by or under the order of any government or public or local authority. d) Pressure waves caused by aircraft or any other airborne devices travelling at sonic or supersonic speeds. e) Any Claims directly or indirectly caused by or resulting from any device failing to recognise interpret or process any date as its true calendar date. 19. Legal Costs and Expenses incurred prior to notification of the Insured Event to Albany, or prior to Our confirmation of indemnity being granted to You under this Policy. 20.Legal Proceedings dealt with by a court or other body, which Albany have not agreed to or are outside the Territorial Limits. 21. Any Legal Costs and Expenses in respect of a Claim that either (1) proceeds or would be likely to proceed in the Small Claims Track or (2) is pursued in or by any other proceedings or dispute resolution process where an Insured’s legal costs cannot be recovered on a standard or similar basis. 22.Any undertaking the Insured Person gives to the Appointed Legal Representative, or which the Insured Person or the Appointed Legal Representative gives to any person about payment of fees or expenses, unless Albany have given prior written authority. 23.Any claim relating to motor prosecution defence. Cancellation Written confirmation of the cancellation of the Policy may be given at any time by You or by Us. We will give You a minimum of 14 days notice of cancellation to enable You to find alternative cover. If You do not exercise Your right to cancel within the cooling off period the Policy Premium becomes due, You may not be entitled to a refund of Premium and the Policy may run for its full term. You may cancel the Policy by contacting Albany Assistance Ltd, Operations Support, Redmond House, Fern Court, Bracken Hill Business Park, Peterlee, Co Durham SR8 2RR or telephone 0845 121 2200. Cooling Off Period Before You accept this Policy You have 14 days to review Your Policy wording. If You are not totally happy with this Policy and You have not made a Claim You can write to the Participating Agent requesting that Your Policy is cancelled and that any monies paid be returned. We will then cancel Your Policy. Complaints We are committed to dealing with customer complaints in a fair and prompt way. Complaints can be made verbally or in writing. It is Our experience that most complaints can be resolved by speaking to the staff directly responsible for Your Claim. Please call Albany on 0845 121 2200 or write to The Quality Compliance Executive, Albany Assistance Ltd, Redmond House, Fern Court, Bracken Hill Business Park, Peterlee, Co Durham SR8 2RR. page 48 We will contact You within five working days of receiving Your complaint to inform You of what action We are taking. We will try to resolve the problem and give You an answer within four weeks. In some cases it may take Us longer than four weeks but You will receive a full and final response within eight weeks of the original complaint being made. If We have not given You an answer in eight weeks or You believe that Your complaint has not been resolved satisfactorily, We will tell You how You can take Your complaint to the Financial Ombudsman Service for independent review. The Financial Ombudsman Service can be contacted at; Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR. By telephone 0845 080 1800 or 0300 123 9 123 or email [email protected] This complaints procedure does not affect any legal right You have to take action against Us. Governing Law & Language This Policy shall be governed by and construed in accordance with English Law. All communication is to be conducted in English. Whole Agreement This Policy contains the entire agreement between the Policyholder and any Insured Person claiming under it and the Underwriters and Albany on their behalf and no other representation or warranty by the Insured Person or Us or their Authorised Representatives or any third party shall have any contractual effect unless agreed by all parties in writing. This Policy is administered by Albany Assistance Limited (FCA Registration: 312423), Redmond House, Fern Court, Bracken Hill Business Park, Peterlee, County Durham, SR8 2RR, and underwritten by AmTrust Europe Limited whose registered office is at Market Square House, St James’s Street, Nottingham, Nottinghamshire, NG1 6FG. Tel: 0115 941 1022. You can check the above details on the Financial Services Register by visiting: www.fca.org.uk. The Financial Service Compensation Scheme (FSCS) covers Albany Assistance Limited and AmTrust Europe Limited. You may be entitled to compensation from the scheme should either firm be unable to meet their obligation. This depends on the type of business and the circumstances of the claim. Most insurance contracts are covered for 90% of the claim. Further information is available from the Financial Conduct Authority or the FSCS. The FSCS can be visited on the internet at www.fscs.org.uk or be contacted on 0800 678 1100. Data Protection & Privacy Statements Data Transfer Consent By purchasing this insurance policy with AmTrust Europe Limited, You have consented to the use of Your data as described below. page 49 Data Protection Policy We are committed to protecting Your privacy including sensitive personal information; please read this section carefully as acceptance of this insurance Policy will be regarded as having read and accepted these Terms and Conditions. Sensitive Information Some of the personal information We ask You for may be sensitive personal data, as defined by the Data Protection Act 1998 (such as information about health or criminal convictions). We will not use such sensitive personal data about You or others except for the specific purpose for which You provide it and to provide the services described in Your Policy documents. How we use and protect your information and who we share it with We will use Your information to manage Your insurance policy, including underwriting and claims handling. This may include disclosing it to other insurers, Administrators, third party underwriters, reinsurers and Appointed Authorised Legal Representatives. Your information comprises of all the details We hold about You and Your transactions and includes information obtained from third parties. We may use and share Your information with other members of the AmTrust group companies (The Group). We will provide an adequate level of protection to Your data. Albany Assistance Ltd may share Your data with other Group companies. We do not disclose Your information to anyone outside The Group except: • Where We have Your permission • Where We are required or permitted to do so by law • To credit reference and fraud prevention agencies • Other companies that provide a service to Us or You We may transfer Your information to other countries and jurisdictions on the basis that anyone to whom We pass it provides an adequate level of protection. However, such information may be accessed by law enforcement agencies and other authorities to prevent and detect crime and comply with legal obligations. Your Rights Under the Data Protection Act 1998, You have the right to see a copy of the personal information We hold about You, if You believe that any of the information We are holding is incorrect or incomplete, please let Us know as soon as possible. To provide a copy of the information We may ask You for a small fee. Marketing AmTrust Europe Ltd will not use Your data for marketing purposes. All information provided is used to manage Your insurance policy only. This policy is underwritten by AmTrust Europe Limited. page 50 Part C - Your Breakdown & Assistance Policy HOW TO OBTAIN ASSISTANCE Please call 0800 023 2791 if you are in the UK or +44 1202 314 410 if you are in Europe. For textphone please dial 18001 first. Duplicate Cover If you have an existing breakdown policy that gives the same cover elsewhere, you’ll need to consider whether you may be paying for duplicate cover. Insurer This insurance policy is underwritten by Liverpool Victoria Insurance Company Limited operating as Britannia Rescue. Britannia and Britannia Rescue are registered trade marks and are trading styles of the Liverpool Victoria group of companies. Liverpool Victoria Insurance Company Limited, registered in England and Wales number 3232514 is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and Prudential Regulation Authority, Register Number 202965. Registered address for all Liverpool Victoria companies: County Gates, Bournemouth BH1 2NF. Telephone 01202 292333. Brightside Insurance Services Ltd, is authorised and regulated by the Financial Conduct Authority, register number 302216. 1) Your responsibility to give us correct information Please make sure all the information you give us is correct and complete. This is important because inaccurate or incomplete information may result in assistance not being provided or your insurance being cancelled from the start date. If you’re not sure whether you need to tell us about something please ask. 2) Data Protection Act and other related disclosure Liverpool Victoria Insurance Company Ltd is registered under the Data Protection Act and our registration number is Z7450594. Brightside Insurance Services Ltd is registered under the Data Protection Act and their registration number is Z5268008. This information is provided to you to explain how your details may be used and to tell you about the systems that are in place that allow the detection and prevention of fraudulent applications and claims. The savings that are made help to keep premiums and products competitive. page 51 For the purposes of The Act the Data Controller of any personal data provided in connection with your insurance is Brightside Insurance Services Ltd and Liverpool Victoria Insurance Company Ltd are the Data Processors. Information provided may be held, whether or not a product is purchased, on computer, paper file or other medium to enable the recording of an enquiry for a reasonable period of time, for as long as the application is being considered, for as long as the policy remains in force and afterwards to ensure that a clear and complete audit trail of policy records and transaction history is maintained. The information (some of which may be sensitive) may be used to process and administer your business by Liverpool Victoria Insurance Company Ltd, Brightside Insurance Services Ltd and our agents (e.g. service providers both within and outside the European Economic Area with which we have agreements). It may also be used/or disclosed to regulators for the purposes of monitoring and/or enforcing compliance with any regulatory rules, guidelines or codes. Occasionally your data may be disclosed to carefully selected third parties (including companies who form part of the Liverpool Victoria Group and Brightside Insurance Services Ltd) who are assisting us in service improvement activities. If your details have been obtained through an affinity association, some of your information, including product details and on-going information may be passed to that affinity organisation for membership, business analysis and other relevant purposes. In the event that you move to a new insurance provider, certain details relating to your insurance may be passed to the new insurer if requested to do so and where there has been a genuine request by your new insurer. In the event of a request for policy information by an individual other than the policy owner, checks will be made with the individual that the policy owner has given permission to the individual to communicate on the policy owner’s behalf. Please note that any Sensitive Data (as defined under the Data Protection Act 1998) provided will not be used for marketing purposes. 3) Access to the personal information we hold about you Subject to payment of a fee, you can ask for a copy of the personal information we hold about you by writing to the CCA Department, LV=, County Gates, Bournemouth BH1 2NF. For details of the Liverpool Victoria group of companies please refer to www.lv.com. 4) Communications All communications will be in the English language. For various legal, regulatory and service requirements your telephone call may be recorded or monitored. We aim to communicate with you in a manner that is clear, fair and not misleading. We are able to provide literature and communications in the following alternative formats: Braille, large print or audiotape. Should you require information on this product or service in any of these formats, please contact Asda Car Insurance. If there is anything you do not understand please ask Asda Car Insurance for an explanation. page 52 5) The laws that apply to this insurance policy The law of England and Wales will apply to your policy with us. For policyholders living in Guernsey or Jersey, the law of Guernsey or Jersey will apply in regard to your insurance policy with us. 6) Cancellations If included as standard on your insurance policy You may only cancel this Part C of your policy if you are cancelling your car insurance policy in total. If this is within 14 days of the date of issue or receipt of your policy documentation, whichever is the later and you have not made a claim during this period, you will be entitled to a proportionate refund of premium based upon the days the policy has been on cover. If you decide to cancel your car insurance policy after this period and have not made a claim then you will be entitled to proportionate refund of premium based upon the days the policy has been on cover. If you have made a claim against Part C of the policy, no refund of the breakdown premium will apply. If included as an optional extra on your insurance policy You may cancel this Part C of your policy at any time without having to cancel your policy in total. If this is within 14 days of the date of issue or receipt of your policy documentation, whichever is the later and you have not made a claim during this period, you will be entitled to a full refund of premium. If you decide to cancel Part C of your policy after this period, or if you have made a claim against Part C of the policy, no refund of the breakdown premium will apply. We reserve the right not to invite renewal of your policy. 7) How to make a complaint If you have a complaint about your policy or the service you have received, please contact us by phone on 0800 756 8828. For textphone please dial 18001 first. (Opening hours Mon - Fri 9am - 5pm). If you prefer to write, please address your letter to: The Quality Manager, Britannia Rescue, Folly Hall Mills, St Thomas Road, Huddersfield, West Yorkshire HD1 3LT. Email: [email protected]. When contacting us please ensure you quote your policy or claim number as appropriate. A copy of our internal complaints procedure is available on request. If we cannot resolve your complaint, you may refer your complaint to the Financial Ombudsman Service within six months of receiving our final response letter. The address is: Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR. Telephone: 0800 023 4567 or 0300 123 9 123 (from mobile or non BT lines). Email: [email protected]. Making a complaint will not affect your right to take legal action. page 53 8) What happens if we can’t meet our liabilities If we are unable to meet our liabilities to our policyholders, you may be able to claim compensation from the Financial Services Compensation Scheme (FSCS). There are different levels of compensation, depending on what kind of insurance you have: • Compulsory insurance such as third party motor insurance, is covered for 100% of the claim • Non-compulsory insurance, such as breakdown insurance, is covered for 90% of the claim You can get further information from the Financial Services Compensation Scheme, 10th Floor, Beaufort House, 15 St Botolph Street, London EC3A 7QU. Telephone 0800 678 1100 or 0207 741 4100 or Email: [email protected]. page 54 Definitions ‘breakdown professional’ – a trained, professional motor mechanic/recovery driver or specialist service provider. ‘breakdown’ – immobilisation of the vehicle due to a mechanical or electrical failure, theft or attempted theft, vandalism, accidental damage, a flat tyre or lack of fuel occurring during the period of cover. ‘home address and normal place of garaging’ - your permanent residence we have on record at the time of a breakdown as supplied by you or where the vehicle is normally kept. ‘motorail’ – a specific European Rail Service for transporting vehicles across Europe. Motorail services do not include Channel Tunnel rail services. ‘passengers’ – occupants of the vehicle (excluding hitch hikers). ‘UK market value’ – the value for the relevant make and model as specified in Glass’s Guide or a recognised equivalent. ‘trip’ – a pre booked continuous journey to the countries as specified within the geographical limits of Section D which begins and ends in the UK and which does not exceed 180 days in total during the policy period. ‘UK residents’ – Mainland UK, Northern Ireland, Channel Island and Isle of Man residents. ‘vehicle’ – any mechanically propelled vehicle that requires insurance for use as specified under the Road Traffic Act 1988 and is within the dimensions highlighted in Section B – Vehicles. ‘we’, ‘us’ and ‘our’ – Liverpool Victoria Insurance Company Limited, and where the context dictates, Liverpool Victoria Insurance Company Limited trading as Britannia Rescue. ‘you’, ‘your’ and ‘the policyholder’ – Any driver who is using the vehicle with the policyholders permission. ‘your representative’ – anyone acting with or on your authority. page 55 SECTION A - INTRODUCTION TO ASDA CAR BREAKDOWN ASSISTANCE • This policy is for residents and companies situated in the United Kingdom, the Channel Islands and the Isle of Man and entitles the policyholder to our vehicle breakdown and recovery services within the United Kingdom, the Channel Islands, the Isle of Man, the Republic of Ireland and any country specified within the geographical limits of Section D. We have set out the different levels of cover in Sections C & D of this policy • We will protect you against the cost of vehicle breakdown and recovery assistance within the policy period as shown on your current Schedule of Insurance for which you pay a premium • Unless you give us a future start date your cover start date is that shown on your current Schedule of Insurance. Your expiry date will also be shown on your current Schedule of Insurance • The policy will cover vehicles named by the policyholder and where a premium has been paid for the insurance, regardless of who is driving the vehicle at the time of a breakdown or failure of the vehicle to start as long as they have the permission of the policyholder to use the vehicle • Our breakdown policy covers vehicles not drivers • We reserve the right not to invite renewal of your policy. If this is the case Asda Car Insurance will inform you in writing before the policy expires SECTION B - VEHICLES • Vehicles must be no more than 12 years old at the start date of the policy • Vehicles and any caravan or trailer that is attached to your vehicle must be registered as owned by you, a member of your household or your company and be kept at your home address or normal place of garaging • We will not provide services for vehicles that are not shown on your current Schedule of Insurance. You must tell Asda Car Insurance immediately if you change your vehicle • Vehicles must be in a roadworthy condition and should be serviced and maintained in line with manufacturer guidelines and meet all legal regulations, including if appropriate having a valid MOT certificate. It is your responsibility to ensure that all vehicles are kept in this condition throughout the period of cover and we may ask for proof in the event of a dispute. The service does not cover vehicles which, in the opinion of the breakdown professional attending the vehicle, were not roadworthy or were broken down before your policy began • Vehicles should not be more than 7.0 metres in length, 2.3 metres wide, 3 metres in height, or a weight when fully loaded of 3.5 tonnes. You must always carry a legal and serviceable spare wheel or a manufacturer supplied or approved emergency tyre inflation kit and equipment and keys for any tyre security devices when supplied by the manufacturer page 56 • Caravans and trailers – your cover includes any caravan or trailer that is attached to your vehicle unless the breakdown occurs at the normal place of garaging or within a quarter of a mile of that address or the location at which your caravan is normally stored. Caravans and trailers should not be more than 8 metres in length (including A-frame) and fitted with a standard 50 millimetre ball coupling. All caravans and trailers must meet the requirements of the Road Vehicles (Construction and Use) Regulations 1986. If appropriate you must always carry a legal and serviceable spare wheel or a manufacturer supplied or approved emergency tyre inflation kit and equipment and keys for any tyre security devices when supplied by the manufacturer SECTION C – UK RECOVERY & HOME ASSIST If your vehicle cannot be driven because of a breakdown or where the vehicle fails to start at the policyholder’s home address or normal place of garaging, we will: • Try to repair the fault at the roadside for up to one hour so that you can continue your journey safely and legally • If we cannot repair your vehicle at the roadside we will transport your vehicle, you and up to 7 passengers that are in the vehicle at the time of the breakdown to a local place of repair or to a destination of your choice if in our opinion the fault or damage cannot be repaired at the scene of the breakdown or locally by the end of the working day (we will not pay for any other recoveries); or pay a contribution to labour costs if a fault cannot be repaired locally • Relay telephone messages to advise of unforeseen travel delays • Supply a Relief Driver if the only driver of the vehicle cannot continue a journey because of illness or injury. Documentary proof of the illness or injury must be supplied to us if you are not to be charged for this service • Claim for the cost of one single standard class rail ticket for any authorised driver to collect the vehicle following repair You may also choose one of the following benefits if repairs to the vehicle cannot be completed by the end of the working day on which the breakdown occurred: a) The hire of a replacement car (up to 1600cc) for up to 48 hours. We will pay the cost of the hire car but you are responsible for all other costs or benefits imposed or offered to you by the hire car company. You must take up the option of a hire car within 48 hours of the breakdown; or b) The cost for you and any passengers to either continue the journey or return to your home address by our choice of alternative transport, up to a maximum of £300; or c) Pay up to £60 per person for overnight bed and breakfast accommodation up to a maximum of £500 at a hotel near the garage that is repairing your vehicle, and up to £40 for reasonable public transport costs to get the driver to the garage the following day. You must send us your claim within 28 days for us to pay you these costs, along with any relevant receipts page 57 Exceptions to Section C • If you do not accept immediate recovery following a call out to the home address or normal place of garaging, you will have to pay for any further help for the same fault • Recovery from the home address or normal place garaging will only be to a local place of repair • Any amounts more than those specified within Section C above • All costs relating to parts and labour remain your responsibility unless covered or agreed by us • The cost of supplying a spare wheel and tyre if a serviceable one cannot be provided by you • The cost of, if needed, a specialist locksmith, body glass or tyre specialist • The cost of any medical transfers • A hire car not authorised by us • Car hire in the event of the vehicle requiring routine servicing or other repair work to correct non-immobilising faults or undergoing repair of cosmetic damage • Anything specified within the Service Limitations and Exclusions section of this Policy (Section F) Important Information about UK Recovery & Home Assist • Where it is not possible or safe to repair a fault at the roadside (for example, on a motorway), we may take the vehicle to a safe place or to the breakdown professional’s premises to carry out the repairs • All costs relating to parts and labour remain your responsibility unless covered or agreed by us • We cannot guarantee that a replacement vehicle will be available • Britannia Rescue will pay the cost of a hire car and the cost of insurance (where applicable) but you are responsible for all other costs imposed or offered to you by the hire car company where a hire car is your preferred choice • We will not pay for any extra charges relating to specific needs of a replacement vehicle such as tow bars or roof racks; these requirements are subject to availability • You must meet the terms and conditions of the hire car company which include having a valid driving licence, meeting the minimum age set by the hire car company and being in possession of a valid credit card • Hire cars may not be taken out of the country without the permission of the hire car company • Our breakdown and recovery services do not extend to hire cars provided under Section C (UK Recovery & Home Assist) • We will only provide help at home or your normal place of garaging if your vehicle is immobilised due to a breakdown • Recovery cannot be used as a way of avoiding repair costs • This service cannot be used if the vehicle has already broken down or was not in a roadworthy condition when cover was taken out • UK Recovery & Home Assist is only effective the day after you purchased this cover for the first time page 58 SECTION D – UK & EUROPEAN ASSIST (This extension only applies if the correct premium has been paid for the European extension and is indicated in your Schedule). In addition to all the services, benefits, terms and conditions given under Sections A, B & C of this policy, those detailed in sections D1 – D7 will also apply as well as Section E (General Conditions of Service) & Section F (Service Limitations and Exclusions). This cover only applies to permanent named vehicles. You may have to pay for some services such as hotel accommodation and claim it back from us when you get back to the UK. The exchange rate will be based on that current at the time the claim is processed. We will aim to provide the most suitable and cost effective solution to your problem and our decision will be final. As well as the general terms and conditions of this policy, we will provide the following services if you travel to a country listed under the geographical limits below: Geographical limits: Albania, Andorra, Austria, Belarus, Belgium, Bosnia Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Former Yugoslav Republic of Macedonia, Malta, Moldova, Monaco, Montenegro, the Netherlands, Norway, Poland, Portugal, Romania, Russia (West of the Urals), San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Tunisia, Turkey in Europe, Ukraine. SECTION D1 – COVER BEFORE YOU TRAVEL If your vehicle cannot be driven because of a breakdown, accident, theft or attempted theft during the 7 days immediately preceding a pre-booked trip departure date and repairs cannot be completed before you leave we will: • Arrange and pay a maximum of up to £800 for you to hire a replacement car, subject to availability, with you being responsible for all costs imposed by the hire car company. You must take up the option of a hire car within 24 hours of the breakdown; or • Subject to all legal and statutory regulations allow a temporary change for the vehicle that is on cover to allow you to continue with your journey; or • If your vehicle can be repaired within 24 hours of your original planned departure, we will cover the cost of rebooking your sea crossing or journey via the Channel Tunnel which was missed as a result of the incident giving rise to a claim under this section Exceptions to Section D1 • Any claims resulting from breakdown if you have purchased this cover less than 7 days before your planned departure date or an existing policy which expires before the end of your trip • You must meet the terms and conditions of the hire car company which include having a valid driving licence, meeting the minimum age set by the hire car company and being in possession of a valid credit card page 59 SECTION D2 – MISSED MOTORAIL CONNECTION If you fail to connect with a pre-booked Motorail service on the outward journey because your vehicle breaks down, or is involved in an accident, theft, or attempted theft, we will: • Pay up to £200 to store the insured vehicle at a location near the Motorail depot for your trip; and • Pay the extra transport costs of you, your passengers and luggage to or from the Motorail depot and the location of your vehicle; and • Arrange and pay a maximum of up to £800 for you to hire a replacement car, subject to availability, with you being responsible for all costs imposed by the hire car company Exceptions to Section D2 • Connections to Channel Tunnel trains are not covered under Section D2 (Missed Motorail connections) • You must meet the terms and conditions of the hire car company which include having a valid driving licence, meeting the minimum age set by the hire car company and being in possession of a valid credit card SECTION D3 – ROADSIDE ASSISTANCE AND LOCAL RECOVERY If your vehicle cannot be driven because of a breakdown during your trip, we will: • Try to repair the fault at the roadside so that you can continue your journey safely and legally; or • If the fault cannot be fixed at the roadside, or in circumstances where it is not possible or safe to try to repair a fault at the roadside (for example, on a motorway), we will transport the vehicle, driver and up to 7 passengers to a local place of repair If we cannot repair your vehicle by the end of the working day on which the breakdown occurred we will: • Arrange and pay a maximum of up to £800 for you to hire a replacement car, subject to availability, with you being responsible for all other costs or benefits imposed or offered to you by the hire car company; or • Pay up to a maximum of £500 to transport you, up to 7 passengers and your luggage to your onward destination; or • Pay for overnight hotel accommodation for you and up to 7 passengers, up to £60 per person per night to a maximum of £500, to cover any additional costs you may incur in excess of your planned accommodation costs. You will have to claim these costs from us on your return. We will not pay your planned accommodation costs Exceptions to Section D3 • You must meet the terms and conditions of the hire car company which include having a valid driving licence, meeting the minimum age set by the hire car company and being in possession of a valid credit card page 60 Important Information about Roadside Assistance and Local Recovery in Europe In some countries if you break down on a motorway or other major route, your call may be answered by the police and they may arrange for a recovery without our authorisation. If this is the case, you may be asked to pay for the service and you should keep the receipt and claim it back from us when you get back to the UK SECTION D4 – PROVIDING SPARE PARTS If replacement parts are not available locally to carry out a permanent repair, we will try and get them elsewhere. You will have to pay by credit card or debit card the cost of the replacement parts before we order them. We will pay all freight charges, subject to a maximum of £500 associated with getting the parts to the local repairer. SECTION D5 – Relief Driver If the only available driver cannot continue a journey because of illness or injury, we will: • Provide a qualified driver to drive your vehicle and up to 7 passengers back to your home address in the UK; or • Pay any extra costs to transport your vehicle, up to 7 passengers and luggage back to the UK as long as these costs are not higher than the market value of your vehicle Important Information About Relief Driver Documentary evidence of the illness or injury must be supplied to us if you are not to be charged for this service. SECTION D6 – REPATRIATING YOUR VEHICLE If your vehicle cannot be driven because of a breakdown during your trip and your vehicle cannot be repaired in time for your return journey to the UK, we will: • Pay any extra costs of transporting you, up to 7 passengers and luggage back to the UK; and • Pay the cost of transporting your vehicle to your home address in the UK as long as these costs are not higher than the market value of the insured vehicle; or • Pay up to £500 for someone you choose to travel to the place of repair to drive your vehicle back to your home address in the UK Important Information About Repatriating Your Vehicle • It can take up to 15 working days to arrange repatriation of your vehicle following our agreement to do so • The UK market value of the vehicle will be obtained from the Glass’s Guide or recognised equivalent • We will not be responsible for the transportation of any excise goods which come under the jurisdiction of HM Revenue & Customs (HMRC) such as tobacco, alcohol or fuel. These items must be removed from the vehicle prior to transportation being arranged and you will be responsible for the arrangement and the cost of an alternative method of shipping page 61 SECTION D7 – TEMPORARY REPLACEMENT VEHICLE IN THE UK If you have to return to the UK before your vehicle, we will: • Arrange and pay a maximum of up to £800 for you to hire a replacement car, subject to availability, with you being responsible for all other costs or benefits imposed or offered to you by the hire car company; or • Subject to all legal and statutory regulations agree a temporary vehicle swap until your vehicle is returned to the UK Exception to Section D7 • You must meet the terms and conditions of the hire car company which include having a valid driving licence, meeting the minimum age set by the hire car company and being in possession of a valid credit card EXCEPTIONS TO SECTION D • If you do not accept immediate recovery following a call out to the home address or normal place of garaging, you will have to pay for any further help for the same fault • Recovery from the home address or normal place of garaging will only be to a suitable place of repair. • Any amounts above those specified within Section D • All costs relating to parts remain your responsibility unless you and us agree otherwise • The cost of supplying a spare wheel and tyre if a serviceable one cannot be provided by you • The cost of, if needed, a specialist locksmith, body glass or tyre specialist • A hire car not authorised by us • Car hire in the event of the vehicle requiring routine servicing or other repair work to correct non-immobilising faults or undergoing repair of cosmetic damage • Anything specified within the Service Limitations and Exclusions section of this Policy (Section F) We will not pay for any of the following: • Any bail or customs duty you must pay; • Any costs which you would have had to pay anyway if the incident had not happened; • Any costs arising after your vehicle has been returned to the UK irrespective of whether the vehicle requires workshop repair; • The cost of replacement parts or other materials; • Costs resulting from a previously discovered fault which has not been repaired by a qualified technician; • Services covered by any other insurance policy or costs which you can claim against another person; • The costs of any services you have to pay outside the geographical limits; • The costs of any services our control centre have not authorised; • Loss or damage to any unaccompanied baggage or personal belongings we are transporting; • Any fines awarded against you; • Your vehicle to be sent home if the costs of repatriation will exceed its UK market value; page 62 • The cost of alternative shipping arrangements for excise goods which come under the jurisdiction of HM Revenue & Customs such as tobacco, alcohol or fuel. These items must be removed from the vehicle prior to transportation of the vehicle being arranged Important Information about UK & European Assist • Where it is not possible or safe to repair a fault at the roadside (for example, on a motorway), we may take the vehicle to a safe place or to the breakdown professional’s premises to carry out the repairs • All costs relating to parts remain your responsibility unless you and us agree otherwise • The decision to supply a Relief Driver is at our absolute discretion • We cannot guarantee that a replacement vehicle will be available • Britannia Rescue will pay the cost of a hire car and the cost of insurance (where applicable) but you are responsible for all other costs imposed by the hire car company where a hire car is your preferred choice • We will not pay for any extra charges relating to specific needs of a replacement vehicle such as tow bars or roof racks; these requirements are subject to availability • Hire cars may not be taken out of the country without the permission of the hire car company. • Our breakdown and recovery services do not extend to hire cars provided under Section D (UK & European Assist) • You must meet the terms and conditions of the hire car company which include having a valid driving licence, meeting the minimum age set by the hire car company and being in possession of a valid credit card • We will only provide help at your home address or normal place of garaging if the vehicle fails to start • Recovery cannot be used as a way of avoiding repair costs • This service cannot be used if the vehicle has already broken down or was not in a roadworthy condition when cover was taken out SECTION E - GENERAL CONDITIONS OF SERVICE 1. You must make all requests for the breakdown and recovery assistance service immediately. We will not accept responsibility for any service or help that we have not arranged. 2. You or your representative must stay with the vehicle to make sure that the breakdown professional has access to the vehicle. Your representative must have your permission to authorise any necessary repair or other work, which will be at your expense and if appropriate, have your permission to drive the vehicle. 3. We will try to repair your vehicle, or take it to your chosen destination, dependent upon your cover entitlement. We do not cover normal vehicle maintenance and will charge you for any services that are not covered by the policy including all its terms and conditions. 4. All our breakdown professionals are required by law to adhere to regulations on driver’s hours. If a recovery is needed this may result in the breakdown professional taking regular breaks or the need to operate a staged recovery where further breakdown professionals are used to share the recovery. page 63 5. In the event of a recovery our breakdown professional will unload the vehicle in a safe and appropriate place close to your chosen destination. For example, our breakdown professional will not unload a vehicle on private property if there is insufficient space, a risk of ground compression or obstacles which could make this difficult. 6. You must tell us if you are covered for services by any other insurance policy or can claim against another person. We will ask you to include our invoice in your claim against the other person or against your other policy to recover or reduce our costs. 7. It is your responsibility to make sure that any temporary repair that our breakdown professionals carry out is followed immediately by any necessary permanent repair. We will ask for proof of repair in the event of a dispute. 8. In the event that your payment defaults, we will terminate cover forthwith and seek to recover all costs incurred in providing services to you. We reserve the right to refuse service in the event of payment default. 9. We will not provide assistance and reserve the right to cancel your policy if you – • Fail to repair the vehicle following a call out for the same problem • Knowingly use the vehicle when a fault has been identified • Fail to service and maintain the vehicle in line with manufacturer guidelines • Fail to obtain a valid MOT certificate if required by law • Fail to keep the vehicle in a roadworthy condition We will ask you to provide documentary evidence such as an MOT, Repair or Service invoice in the event that you fail to comply with the above conditions. If you fail to comply with the above conditions we will ask Asda Car Insurance to cancel your policy by sending 7 days’ notice by recorded delivery to your last known address. 10. In the event that we have provided services which are not covered by this policy, for example we have attended a vehicle at your home address and the level of cover you chose did not include assistance at home or we have provided spare parts for a repair and settlement has not been made to the breakdown professional or supplier as specified in clause F2, we will charge you at the time of your call or we will send you an invoice for the amount due which should be paid within 30 days. 11. If you have given us false information on your application for cover, or given us incorrect information when you asked for help, for example the vehicle does not meet all legal requirements or was broken down before your cover started; you will have to pay all costs which we have had to pay as a result of your false or incorrect information. 12. In the event of a road traffic accident we may ask you to contact your motor insurance company in the first instance to arrange recovery to ensure you receive your full entitlements. If assistance is not available for whatever reason, we will provide the services as shown under your cover entitlement. 13. We may only recover a vehicle from the scene of an accident if we have permission from the emergency services involved. 14. If there are any differences between the terms in this policy document and any terms our breakdown professional’s agreed over the phone or in person, these written policy conditions will apply. 15. We will not provide assistance if you or any passenger behave in a threatening or abusive manner to us or our breakdown professionals. page 64 16. Any diagnosis by our breakdown professional is only provisional; you may require a follow up diagnosis by your own repairer, at your own cost, to determine the exact nature of the breakdown and what work or parts are required for repairs to be completed. SECTION F - SERVICE LIMITATIONS AND EXCLUSIONS We will not be responsible for providing the following: 1. The cost of any service outside the period of cover, or where we have not received the correct premium. 2. The cost of all parts or supplies used or provided to you or for your vehicle. These will include: • The cost of supplying and fitting windscreens; • Labour costs in removing and disposal of contaminated or incorrectly mixed fuel; and • Storage charges unless we have specifically covered them under your chosen level of cover. You must pay all these costs to the breakdown professional or supplier. 3. Any charges incurred because your vehicle is not carrying a legal and serviceable spare wheel or a manufacturer supplied or approved emergency tyre inflation kit or equipment or keys for any tyre security devices. 4. Any fines, penalties, tolls or unclamping charges you have to pay. We will pay any tolls if your vehicle is being recovered at the time by one of our breakdown professionals. 5. Accommodation or other expenses (for example, rail or taxi charges) that you or your passengers have to pay, unless we have specifically covered them under your chosen level of cover. 6. Any costs involved in moving your vehicle into a position where we can try to repair it or transport it. For example all charges for retrieving your vehicle from a ditch or field are your responsibility. 7. The full costs of our breakdown professional’s time if, having called us, you employ another breakdown professional before our breakdown professional arrives to repair or recover your vehicle. However, if you phone us for help but you manage to get your vehicle going again, we may agree not to charge you for our agent’s time if you contact us immediately. 8. Breakdown and recovery assistance for vehicles involved in sporting events, including racing, pacemaking, speed testing, rallies, trials and all other track based activities and those involved in leisure off road events. 9. Breakdown and recovery assistance for vehicles involved in hire and/or reward uses (such as a taxi). 10. We will not be responsible for any loss of business, loss of profit, loss of revenue, loss of contract, loss of goods or any direct or indirect losses incurred as a result of the services provided to you under this policy or the delay or alleged delay in providing such services. 11. Major repairs, servicing, stripping down vehicles or reassembly (including repairing faulty brakes, steering, suspension or DIY work). page 65 12. Recovering a caravan or trailer if it is occupied by people or livestock, and transporting animals and pets in a recovery vehicle (with the exception of Assistance Dogs). In these cases, the breakdown professional’s decision is final. 13. Any costs you have to pay if, following an accident, the police have temporarily removed the vehicle to a safe location or local place of repair. After you have paid any costs and filled in the necessary paperwork, we will recover your vehicle subject to the conditions under clause E12. 14. Recovery if it would be dangerous or illegal for our breakdown professional to load or transport your vehicle. In these cases, the breakdown professional’s decision is final. 15. We cannot provide help on commercial garage premises which are not our breakdown professional’s premises. 16. Services in the case of: • events beyond our reasonable control; • war or military operations; • acts of terrorism; • civil disorder; • a national emergency; • anything which the Government or highway authority does or fails to do; • legal restrictions; • industrial disputes; • fire; • lightning; • explosion; • flood (except where the breakdown has occurred due to water damage while the vehicle was in motion / use); • nuclear explosions or a release of ionising radiation; • subsidence; or • severe weather conditions where it would be unsafe for the agent to attempt to recover or repair the vehicle. 17 Any claims arising from speeding or alcohol/drug related incidents. 18. More than one recovery per breakdown unless we agree otherwise. 19. Transportation of any excise goods which come under the jurisdiction of HM Revenue & Customs such as tobacco, alcohol or fuel. These items must be removed from the vehicle prior to transportation being arranged and you will be responsible for the cost of that shipping. 20.Any losses, costs or damages which you suffer as a result of our failure to provide the services listed in Sections C & D. page 66 Despite these limitations and exclusions, we do not intend anything in these policy conditions to limit any legal rights you may have as a consumer against us or our employees or agents as a consequence of death or personal injury resulting from our negligence or that of our employees or breakdown professionals. Britannia and Britannia Rescue are registered trade marks and are trading styles of the Liverpool Victoria group of companies. Liverpool Victoria Insurance Company Limited, registered in England and Wales number 3232514 is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and Prudential Regulation Authority, Register Number 202965. Registered address for all Liverpool Victoria companies: County Gates, Bournemouth BH1 2NF. Telephone 01202 292333. 3114ASDACI(mip) 201213 page 67 Contact Information Customer Service Helpline: 0844 579 6490 Home Insurance 0800 988 0950 Lines open 8am to 8pm Mon-Fri, 9am to 5pm Sat, 10am to 4pm Sun. Advised Life Cover 0800 804 6816 Lines open 8am to 8pm Mon-Fri, 9am to 6pm Sat. Over 50’s Life Cover 0800 202 8164 For text phone please dial 18001 first. Lines open 8am to 8pm Mon-Fri, 8.30am to 7.30pm Sat, 10am to 6pm Sun. Travel Insurance 0800 519 9951 Lines open 9am to 8pm Mon-Fri, 9am to 6pm Sat. Travel Money 0845 900 0955 Lines open 8am to 10pm Mon-Fri, 10am to 8pm Sat, Sun & Bank Holidays. Breakdown Cover 0800 232 1403 Quoting XS01 Lines open 8am to 8pm Mon-Fri, 8am to 5pm Sat-Sun. Energy Compare & Save 0800 019 7887 Lines open 9am to 8pm Mon-Fri, 9am to 5pm Sat-Sun. ASDA Money Credit Card 0871 704 3366 Lines open 8.30am to 9pm Mon-Fri, 8.30am to 7.30pm Sat, 10am to 6pm Sun. Pet Insurance Lines open 8am to 8pm Mon-Fri, 9am to 5pm Sat. 0800 434 6038
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