Classic Car Insurance Documents - Carole Nash
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Useful Numbers and Welcome Information We hope you find this booklet useful in ensuring you get the most out of your insurance policy. Customer Services Contained within this booklet is information about If you have any queries regarding this policy, please your policy cover. Please take time to read the policy contact us: wordings and your Carole Nash Terms of business Phone: 0800 093 2939 (enclosed with your documents) as they contain vital information about your policy. Email: cherished@carolenash.com If you have any queries regarding this policy, please Making a Claim contact us: Should you be in the unfortunate position of having Phone: 0800 093 2939 to make a claim, our in-house ’Talking Claims’ service Email: cherished@carolenash.com removes much of the inconvenience and hassle to you. Simply call 0800 804 7964. More information can be found on page 7. Breakdown Assistance Should you need to use breakdown assistance under the terms of this policy, simply call the number below: In the UK: 0800 093 5318 In Ireland: 090 645 1972 Rest of Europe: 0044 1737 826 112 More information can be found on page 15. Legal Expenses Should you require help to recover costs such as loss of earnings, a policy excess, hire of another vehicle or compensation for any injury you suffer as a result of an accident which was not your fault. This cover is included as part of your policy. 24hr Legal Helpline Tel No. 0333 241 9567 More information can be found on page 9. Foreign Use Should you wish to travel to a country outside the EU which is not listed in your Policy Schedule, or if you wish to travel with your vehicle overseas for longer than is stated in your Policy Schedule, please call us on 0800 093 2942. More information can be found on page 6. Important Information Changes in your circumstances You must tell Carole Nash Insurances immediately about any changes to the information set out in the Statement Of Fact, Certificate Of Motor Insurance or on your Policy Schedule. More information can be found on page 9. Data Protection Please check your insurers’ privacy notice on the Statement of Fact for more information on how they use your information. Carole Nash Insurance Consultants Ltd Carole Nash Insurance Consultants Ltd
Contents Contract of Classic Car Contract Of Classic Car Insurance 2 Insurance Classic Car Insurance Policy Wording 3 Details of your Insurer can be located in your Policy Schedule. Definitions 3 Contract of Insurance Section 1 We will provide insurance under the terms, Liability to Others 3 exceptions, conditions and endorsements of this policy, during any period for which we have accepted Section 2 your premium. Please take time to read through your Cover for Fire & Theft 4 documents which contain important information Section 3 about the details you have given. Damage to your Vehicle 5 The law of England and Wales will apply to this contract unless: Section 4 • you and the Insurer agree otherwise; or Windscreen 6 • at the date of the contract you are a resident of (or, Section 5 in the case of a business, the registered office or Personal Accident 6 principal place of business is situated in) Scotland, Northern Ireland, Channel Islands or the Isle of Man, Section 6 in which case (in the absence of agreement to the Audio Equipment Cover 6 contrary) the law of that country will apply. Section 7 Signed for and on behalf of the Insurers. Wedding Use 6 Section 8 Foreign Use 6 Ian Donaldson General Exceptions 10 Chief Executive Officer Policy Conditions 10 Carole Nash Insurance Consultants Ltd Cancellation 11 Legal Expenses Cover 12 Definitions 13 Section 1 Uninsured Loss Recovery 14 Section 2 Motor Prosecution Defence 15 Section 3 Motor Contract Cover 16 UK & European Breakdown Recovery Policy 18 Definitions 18 Section 4 UK Assistance 18 Section 5 European Assistance 19 Complaints Procedure 22 1 Carole Nash Insurance Consultants Ltd Carole Nash Insurance Consultants Ltd 2
Classic Car Insurance Policy The contract between us and you that is made up of • any person using, but not driving, your vehicle with your permission for social, domestic and pleasure of and in the course of their employment by the policyholder or by any other person claiming under Policy Wording the current Policy Schedule, Certificate of Motor Insurance, Statement of Fact and this booklet. purposes. • any passenger travelling in or getting in or out of this insurance. This does not apply if we need to provide cover due to the requirements of relevant your vehicle. laws. Definitions Policyholder/The Insured • loss of, or damage to, any property belonging to The following words or phrases have the meanings The person(s) or company or partnership named in Business Use (or in the care of) any person claiming under this given below whenever they appear in the main Classic the Policy Schedule. If your Certificate of Motor Insurance allows section of the insurance. Car Insurance policy wording. These will be shown in business use, we will insure your employer or business Policy Schedule/Amended Policy Schedule • anyone covered by any other insurance. bold. partner against the events shown under ‘Driving your The document showing the vehicle we are insuring vehicle’ while you are working for that employer or • loss of or damage to any motor vehicle covered Agreed Value (if applicable) and cover which applies. Please read the Policy under this insurance. partner, but not while using a vehicle provided by the This is the amount shown in the Policy Schedule Schedule carefully. employer or partner unless that vehicle is shown in • loss or damage to any vehicle, caravan or trailer that represents the value of your vehicle. This is the Statement of Fact the Policy Schedule. being towed or attached to your vehicle and any most we will pay you if your vehicle is lost, totally property carried in or on them. The document completed by you or on your behalf Emergency Medical Treatment destroyed or where the reasonable cost of repairs is • anyone who does not hold a valid licence for driving which contains information you gave at the time the We will pay for emergency medical treatment greater than the agreed value. your vehicle. insurance was arranged and on that we have relied in after an accident involving any vehicle which this Note: Agreed Value can be considered only if you providing this insurance. • the legal liability of anyone who is not driving but have submitted all necessary photographs (and insurance covers. who is claiming cover if they know that the driver valuation if required) and these have been received United Kingdom/UK The Road Traffic Act says we must provide this cover. does not have a valid licence to drive your vehicle. and accepted by Carole Nash Insurance Consultants England, Scotland, Wales, Northern Ireland, the Isle of By law the person using the insured vehicle must pay • legal liability, being used on any part of an airport Ltd. If this documentation has not been received and Man and the Channel Islands. the cost of emergency treatment. They should pass or airfield provided for aircraft movement, parking your vehicle is lost, totally destroyed or damaged, You/Your the bill for emergency treatment to us straight away or maintenance; (except where we need to provide the most we will pay will be market value. along with a fully completed accident report form. The person named as “the insured” in the Policy cover under road traffic law). Certificate of Motor Insurance Schedule, or as “the policyholder” in any Legal Personal Representatives • any liability that arises while your vehicle is being Evidence that you have the motor insurance required Certificate of Motor Insurance or renewal notice After the death of anyone who is covered by this used on a private property that is not a road within by law. It shows who may drive the vehicle and what that applies to this insurance. insurance, we will deal with any claim made against the meanings of the Road Traffic Act, unless the it may be used for. Your Vehicle/Insured Vehicle that person’s estate, provided that the claim is liability arises from an accident which happens while Conditions covered by this insurance. your vehicle is being driven. Any vehicle described in the Policy Schedule or These describe your responsibilities and the specified in the current Certificate of Motor Legal Costs • any legal cost or other amounts that you pay or procedures that you must follow. Failure to meet with Insurance. agree to pay, or that any persons, company or firm If we agree in writing, we will pay for the following policy conditions could mean that you do not have claiming cover under this policy section pays or legal fees if they arise from a claim caused by an the full protection of your policy and that we may refuse to deal with your claim or reduce the amount Section 1 accident that is covered under this insurance: agrees to pay, without first getting our agreement. of any claim payment. Liability to Others • the solicitor’s fee for representing anyone we insure at a court of summary jurisdiction, fatal accident Section 2 Endorsement What is covered enquiry or coroner’s inquest. Cover for Fire & Theft A change in the terms of the insurance that replaces Proceedings for Manslaughter or Causing Death the standard insurance wording, and is printed on, or Driving Your Vehicle by Dangerous, Careless or Inconsiderate Driving What is covered issued with, the Policy Schedule. We will insure you for all the amounts you may be We will pay fees for legal services to defend anyone If your vehicle is lost or damaged by fire, theft or Excess legally liable to pay for: insured under this policy if legal proceedings are attempted theft during the period of insurance, The amount you must pay towards any claim. • death or injury to other people; or taken against that person for manslaughter or causing we will either repair or replace your vehicle or • damage to another person’s property up to a death by dangerous, careless or inconsiderate driving. give the legal owner a cash payment. The most we Insurer/We/Our/Us The following conditions will apply to this cover: maximum amount of £20,000,000 and claimants will pay will be the market value of your vehicle The insurer described in the Policy Schedule. • you must ask us to provide it and we agree immediately before the loss or damage or the agreed costs and expenses and any other costs and Market Value expenses up to £5,000,000 in writing; value of your vehicle if your vehicle is insured on The cost of replacing your vehicle with one of the as a result of any accident you have while you are • the death or deaths giving rise to the proceedings that basis. same make, model, specification, mileage and age, driving, using or in charge of your vehicle, or caused must have been caused by an accident covered by We can choose which of these actions we will take and that is in the same condition your vehicle was by a trailer, caravan or other vehicle that is attached the policy; for any claim we agree to. in immediately before the loss or damage you are to your vehicle, during the period of insurance. • the accident that caused the death or deaths must Where your vehicle is beyond economical repair we claiming for. have happened in the UK. will pay you the market or agreed value if your Cover for Other People vehicle is insured on that basis, including accessories Period of Insurance If you ask us to we will also cover the following What is not covered and spare parts at the time they are lost or damaged. The period of time covered by this insurance (as people for legal liabilities to others: These exceptions apply to the whole of Section 1 - However, we will not pay more than the amount for shown in the Certificate of Motor Insurance and • named drivers provided they are permitted to drive Liability to others. which you insured them. Accessories and spare parts your Policy Schedule). as shown on your Certificate of Motor Insurance. • death of, or bodily injury to any person arising out of your vehicle, which are in your private garage at 3 Carole Nash Insurance Consultants Ltd Carole Nash Insurance Consultants Ltd 4
the time of the loss or damage, will also be covered. If your vehicle is insured on an agreed value basis of insurance, we will either repair or replace your vehicle or give the legal owner a cash payment. The or grade of fuel being used. • the cost of repairing or replacing parts of your Wedding use (as stated in your Policy Schedule) in the event of a most we will pay will be the market value of your vehicle that improves your vehicle beyond its If stated in your Policy Schedule your policy total loss you may be able to purchase the remaining vehicle immediately before the loss or damage or condition before the loss or damage happened. includes cover for you and any named drivers listed salvage at the amount your vehicle will attract in the the agreed value of your vehicle if your vehicle is • loss of or damage to your vehicle due to or on your Certificate of Motor Insurance to drive the open market in its damaged condition. This will be insured on that basis. occasioned by the impounding or destruction of vehicle in connection with wedding use. decided on an individual claim basis. We can choose which of these actions we will take your vehicle by an authorised body. If we are told that the vehicle belongs to someone else or if you are buying the vehicle under a hire for any claim we agree to. Where your vehicle is beyond economical repair Section 4 Section 8 purchase or leasing agreement, we will normally make the payment for the total loss of the vehicle to we will pay you the market or agreed value if your vehicle is insured on that basis, including accessories Windscreen Foreign Use the legal owner. and spare parts at the time they are lost or damaged. We provide the minimum cover required by law to However, we will not pay more than the amount for What is covered allow you to use your vehicle in any of the following What is not covered which you insured them. Accessories and spare parts countries: • the amount of the excess shown in the Policy We cover loss or damage to the Windscreen or of your vehicle, which are in your private garage at • any country, which is a member of the European Schedule. Window Glass for your vehicle and any damage to the time of the loss or damage, will also be covered. Union. • loss of value, wear and tear, mechanical, electrical, the bodywork caused by the broken glass. Please refer If your vehicle is insured on an agreed value to your Policy Schedule for the amount of cover • any country which the Commission of the European electronic or computer failures or breakdowns or basis(as stated in your Policy Schedule) in the provided and the excess. Communities is satisfied has made arrangements breakages. event of a total loss you may be able to purchase the of Article (8) of EC Directive 2009/103/EC relating • damage to tyres by braking, punctures, cuts or remaining salvage at the amount your vehicle will What is not covered to civil liabilities arising from the use of a motor bursts. attract in the open market in its damaged condition. Please refer to your Policy Schedule. vehicle. • loss or damage to any telephone, television, video, This will be decided on an individual claim basis. European Union (EU) compulsory cover does not DVD video, traffic information system, system, satellite navigation or CB radio equipment fitted to If we are told that the vehicle belongs to someone Section 5 apply when you are driving any vehicle that you do else or if you are buying the vehicle under a hire or carried in the vehicle. purchase or leasing agreement, we will normally Personal Accident not own or have not hired under a hire purchase or leasing agreement. • depreciation in value of your vehicle after you make the payment for the total loss of the vehicle to In addition we will also provide the cover shown have made a valid claim under this Section. the legal owner. What is covered in your Policy Schedule while you are using your • loss or damage caused by deception. What is not covered We will pay you or your legal representative the vehicle within the areas listed above. • any loss or damage if your vehicle is left unlocked, • the amount of the excess shown in the Policy amount shown as personal accident in your Policy While you are visiting these countries, your insurance your vehicle windows are left open or your vehicle Schedule. Schedule if you, your husband, wife or civil partner will be extended to cover the following: keys are left in, on or about your vehicle while it is are accidentally injured whilst in or getting in or out • your vehicle being moved (including loading and • loss of value, wear and tear, mechanical, electrical, unattended. of your vehicle. unloading) by sea, rail or air between the countries electronic or computer failures or breakdowns or • any loss or damage if you have exceeded the annual breakages. We will pay out if within three months the injury where you have cover. mileage limit. results in:- • in the event of any incident which results in a claim • damage to tyres by braking, punctures, cuts or • theft or unauthorised taking of the vehicle by a bursts. • death; under Section 2 - Cover for fire and theft, or Section member of the policyholder’s family or anyone • loss of sight in one or both eyes; 3 - Damage to your vehicle: • loss of use. normally living with you. • loss of one or more hands or feet; − the cost of delivering your vehicle to you or to • depreciation in value of your vehicle after you • compensation or expenses as a result of you not We will only pay one benefit for death or injury to any your home in the UK after necessary repairs have have made a valid claim under this Section. being able to use your vehicle. person for any one incident. been finished; or • compensation or expenses as a result of you not • loss of or damage to accessories unless your vehicle − foreign customs duty you must pay because being able to use your vehicle. What is not covered is damaged or stolen at the same time. damage to your vehicle prevents its return to the • theft or unautherised taking of the vehicle by a • death or injury caused by suicide or attempted • loss of or damage to your vehicle due to or United Kingdom. member of the policyholder’s family or anyone suicide. occasioned by the impounding or destruction of • General Average and Salvage charges if you are normally living with you. • any claim for injury or death where the person was your vehicle by an authorised body. liable. • damage caused by chewing, scratching, tearing under the influence of alcohol or drugs. • the cost of repairing or replacing parts of your We will only provide this cover if your permanent or fouling by domestic pets, or caused by vermin, Please refer to your Policy Schedule for any other vehicle that improves your vehicle beyond its home is in the United Kingdom. insects, mildew or fungus. exclusions under this section of your policy. condition before the loss or damage happened. Important: The length of time that we will give • damage caused by frost, smog or any gradual cover for under this section in any one period of Section 3 process. • any loss or damage if your vehicle is left unlocked, Section 6 insurance will be limited. The number of days that Damage to Your Vehicle your vehicle windows are left open or your vehicle Audio equipment cover we will provide this cover for will be specified in the endorsements shown in your Policy Schedule. keys are left in, on or about your vehicle while it is unattended. Please refer to your Policy Schedule for cover details. If you want to travel to a country that is not shown What is covered in your Certificate of Motor Insurance, or if you • any loss or damage if you have exceeded the annual If your vehicle is damaged as a result of an accident, malicious damage or is vandalised during the period mileage limit. Section 7 wish to go for longer than the number of days shown in your endorsement, please contact our Customer • any loss or damage caused by an inappropriate type 10 Carole Nash Insurance Consultants Ltd Carole Nash Insurance Consultants Ltd 11
Services team on 0800 093 2942. • incidents caused by riot or civil unrest outside of much of the inconvenience and hassle to you. Simply notice, the policy will be cancelled and you will be England, Scotland, Wales, the Isle of Man or the call charged for the number of days cover that has been General exceptions Channel Islands; 0800 804 7964. provided plus a cancellation fee will be made. Please refer to the Carole Nash Terms of Business for details. • earthquake; If you are making a claim following the theft or These general exceptions apply to the whole of this • ionising radiation or radioactive contamination attempted theft of, or malicious damage to, your 7. Cooling Off Period insurance. from nuclear fuel, nuclear waste, or the radioactive, vehicle, you must give immediate notification of the You have the right to cancel your policy for a period Your insurance does not cover the following: toxic, explosive or other dangerous properties of incident to the Police. of 14 days, either from the day of purchase/renewal of 1. a ny liability, accident, injury, loss or damage that explosive nuclear equipment or nuclear parts; 2. Defending or Settling the Claim the contract or from the day you receive your policy happens while any vehicle covered by this insurance • pressure waves caused by aircraft and other flying Unless they have our written permission, no person documentation, whichever is the later. If you exercise is: objects; or can represent or admit liability for us or for you or any this right you will be charged for the number of days • being used for a purpose which the vehicle is not • carrying any dangerous substances or goods (except other person claiming cover under this policy. cover that has been provided plus a cancellation fee. insured for; where we need to provide cover to meet the We can carry out the defence or settlement of any Please refer to the Carole Nash Terms of Business for • in the charge of or being driven by anyone who compulsory motor insurance law). claim and we can choose the solicitor who will act for details. is not described in the Certificate of Motor 5. any liability, loss or damage that happens outside you in any legal action. There will be no refund if a total loss has occurred. Insurance as a person entitled to drive; the UK (apart from where cover is provided under We can also take legal action in your name or the You may cancel your policy with immediate effect • is in the charge of anyone who is excluded from European Union (EU) compulsory cover in Section name of any other person covered by this policy, by notifying Carole Nash Insurance Consultants Ltd by driving by an endorsement; 1 - Liability to others and Section 8 - Foreign use, or to recover any payment we have made under this phone or by post. • being driven by or in the charge of anyone who does unless you have paid an extra premium to extend policy. You must give us all the information and help If you wish to cancel and the insurance cover has not not hold a driving licence; your cover). we need to deal with the claim. yet commenced, you will be entitled to a full refund • being driven by or in the charge of anyone who 6. any proceedings brought against you outside the of the premium paid. UK, unless they result from using your vehicle in 3. Other Insurance is disqualified from driving, who does not hold a 8. Cancellation by You a country which we have agreed to extend this If you were covered by any other insurance for the driving licence or who is prevented from holding insurance to cover. incident, which resulted in a valid claim under this Your insurance policy has been arranged for a period one; policy, we will only pay our share of the claim. of 12 months and you are required to pay the full • being driven by or in the charge of anyone who does 7. any liability, injury, loss or damage caused directly However, in respect of any claim under Section premium. If you cancel the insurance other than not meet the terms and conditions of their driving or indirectly by: 1 - Liability to others, we will not pay for any claim in accordance with point 7 ‘Cooling off period’ and licence; • pollution, or in respect of which you have cover under any other there have been no claims or incidents that could • being used on any part of an airport or airfield • contamination unless the pollution or give rise to a claim, you will be refunded the unused insurance policy. provided for aircraft movement, parking or contamination is directly caused by one incident part of your premium as stated in your policy maintenance; (except where we need to provide at a specific time and place during the period of 4. Reasonable Precautions documentation, less a Carole Nash cancellation fee, cover under road traffic law); insurance and is: You must take all reasonable steps to keep your details of which can be found in the Carole Nash • towing a caravan, trailer or other vehicle for a − sudden vehicle in a safe and roadworthy condition and Terms of Business. payment; − identifiable protect it from damage, including fire, theft or Your insurance premium will include a payment for attempted theft, malicious damage and someone your Legal Expenses and Breakdown cover which • being used to carry passengers or goods in a way − unintended likely to affect the safe driving or control of the taking your vehicle without your permission. Carole Nash have included as part of the Carole − unexpected vehicle; The vehicle must be kept or used with a valid Nash product. This payment is non-refundable upon The pollution caused by one incident will be Department of Transport test (M.O.T.) certificate, if • being used on any race track or off road activity of considered to have occurred at the time the incident cancellation of the policy other than if cancelled by any description, (except where we need to provide one you during your 14-day ‘Cooling off Period’ period. took place. This exception does not apply if any is needed. You must also keep to all legal regulations cover under road traffic law); compulsory motor insurance law says we must Please refer to the Carole Nash terms of Business for relating to your vehicle and its ownership. You must details. • carrying an insecure or unsafe load; and provide this cover. allow us to examine your vehicle whenever we ask. You may cancel your policy with immediate effect • use on a derestricted toll road where the public can pay to have access and where speed restrictions Policy conditions 5. Keeping to the Terms of This Policy We will only give you the cover that is described in by notifying Carole Nash Insurance Consultants Ltd by phone or by post. are temporarily or permanently suspended including the Nurburgring. You must comply with the following conditions to this policy if: There will be no refund if a claim has occured. 2. any liability that you have agreed to accept unless have the full protection of your policy. If you do not • any person claiming cover has met with all its terms, 9. Our Right to Cancel you would have had that liability anyway. comply with them we may at our option cancel the conditions and endorsments, as far as they apply; In the unlikely event that your existing Insurer or 3. a nyone who does not meet all the terms and policy or refuse to deal with your claim or reduce the and Carole Nash Insurance Consultants Ltd need to cancel conditions of this insurance. amount of any claim payment. • the declaration and information given on the your policy, you will be given seven days notice in 4. a ny loss, damage, injury or liability directly or 1. How to Make A Claim Statement of Fact on which this contract is based, writing. This will be sent to your last known address. indirectly caused by: is complete and correct as far as you know. Valid reasons for cancelling include but are not Contact Carole Nash Insurance Consultants Ltd • war, invasion, any act of terrorism, act of foreign with full details immediately after any damage or 6. Failure to Pay A Premium Instalment limited to: enemy, hostilities (whether war is declared or not), accident that might result in a claim under this If you fail to pay an instalment you will be charged • if you do not pay your premium or instalment civil unrest, revolution, or any similar event (except policy. You or any other person claiming under this a missed payment fee and be given a notice of payment by payment due date; where we need to provide cover to meet the policy must send any claim form, summons or other cancellation. • where we reasonably suspect fraud or compulsory motor insurance law); correspondence to Carole Nash immediately. If payment is not made within the period of this misrepresentation; Carole Nash has a ’Talking Claims’ service removes 12 Carole Nash Insurance Consultants Ltd Carole Nash Insurance Consultants Ltd 13
• if you do not provide us with information or documentation we reasonably require; outstanding; • the condition or specification of your vehicle Legal Expenses Policy or money your opponent agrees to pay to settle your claim. • where you have not taken reasonable care to changes (if your vehicle is covered on an agreed This insurance is arranged by Motorplus Limited t/a Disbursements provide complete and accurate answers; value basis); Coplus and underwritten by UK General Insurance Ltd Any sum spent by the legal representative on behalf • where you or anyone else covered by the insurance • the main driver of your vehicle changes; on behalf of Great Lakes Insurance SE. Great Lakes of the insured person in respect of services supplied has not met the policy terms and conditions • the registered keeper of your vehicle changes; Insurance SE is a German insurance company with its by a third party, providing that: • where a change in your circumstances means we • you change your vehicle for another one; headquarters at Königinstrasse 107, 80802 Munich. UK a. the insured person received the services; can no longer provide cover. • any modifications to or alternations from the Branch office: Plantation Place, 30 Fenchurch Street, b. the insured person was responsible for paying the Carole Nash will work out any refund (if applicable) manufacturers standard specification, including London, EC3M 3AJ. third party for the services; for the unused part of your premium in line with the any manufacturer or dealer fitted option, whether Motorplus Limited t/a Coplus and UK General c. the insured person knew that the services were cancellation by you section of this policy. Carole or not performance is altered or any other Insurance Limited are authorised and regulated by the being provided by a third party; Nash will also deduct a cancellation fee. Please refer changes which could improve value, appearance, Financial Conduct Authority. to the Carole Nash Terms of Business for details. d. the services were in addition to and distinct from performance or handling; Great Lakes Insurance SE, UK Branch, is authorised by the services supplied by the legal representative Where we find evidence of fraud or deliberate • you change the place where you usually keep your Bundesanstalt für Finanzdienstleistungsaufsicht and to the insured person on their own account; and misrepesentation we may void the policy back to the vehicle; subject to limited regulation by the Financial Conduct date when you first provided us with this information e. we have agreed the amount to be paid in advance • any driver develops a health condition which may Authority and Prudential Regulation Authority. or the start of the policy. of the third party being instructed. affect their driving; Details about the extent of their regulation by the Where fraud is identified we will: Financial Conduct Authority and Prudential Regulation Disbursements may include, for example, barrister’s • the mileometer on your vehicle fails (applicable fees (provided that the barrister is not acting under a • not return any premium paid by you; Authority are available from https://register.fca.org. only if you have submitted an annual mileage Conditional Fee Agreement) or expert’s report fees. uk/ or by contacting 0800 111 6768. • recover from you any costs we’ve incurred; declaration); or • pass details to fraud prevention and law • you change your occupation; Definitions Fees and Expenses enforcement agencies who may access and use this Any professional fees reasonably incurred by the legal • you change your address; The following words or phrases have the meanings information. given below whenever they appear in the Legal representative in pursuit of the claim together with This is not a full list. If you are not sure whether Expenses policy wording. These will be shown in any disbursements that they incur or pay, including, Other insurers may also access this information. to report any change, please speak to Carole Nash bold. where appropriate, value added tax. For the purposes Please bear in mind that it is an offence under the Insurance Consultants Ltd. We may re-assess your of this definition, “reasonably incurred” shall mean Road Traffic Act to drive, or permit a motor vehicle to cover and premium as a result of any important Adverse Costs costs that are deemed by a court to be reasonable. be on a public highway or other public place, if you information you give and mid-term changes may be Any legal costs (including profit costs, have not met the minimum insurance requirement. subject to additional fees, as detailed in our Terms of Insurer disbursements, VAT and interest) which the insured Business document. UK General Insurance Limited, who is an insurers’ 10. Arbitration person pays the opponent by order of the court If the information provided by you is not complete or with our prior written agreement. These may agent and in the matters of a claim, act on behalf of If we accept your claim, but disagree with the and accurate: include, for example, the opponent’s solicitor’s fees, Great Lakes Insurance SE. amount due to you, the matter may be passed to an independent arbitrator. When this happens, the • we may cancel your policy and refuse to pay any barrister’s fees and/or expert’s fees. Legal Representative arbitrator must make a decision before you can start claim; Any appropriately qualified person (or company or Approval, Approve(d), Approving proceedings against us. • we may not pay any claim in full; or firm) who has been approved by us to represent The act of us agreeing in writing to provide indemnity • we may revise the premium and/or change the in accordance with the terms of this policy. an insured person in pursuit of a claim against an 11. Avoiding Certain Terms and Right of Recovery compulsory excess, or opponent. “the legal representative” is a reference We may have to pay a claim because the law of a Consent • the extent of the cover may be affected. to the specific legal representative who acts in a country which this policy operates in says we must. If Our written agreement to a particular course of particular claim. we would not have paid this claim otherwise, we can 13. Fraudulent Claims action (such as settling a claim). ask for a refund from you or the person responsible If you or anyone representing you; makes a claim Motor Insurance Policy for causing the claim. or part of any claim that is fraudulent, false or Costs The policy of motor insurance for your vehicle which exaggerated; Under this policy we will pay the following: has been issued in accordance with the requirements 12. Changes in your Circumstances We may: a. the professional fees and expenses of the Road Traffic Act 1988. You must tell Carole Nash Insurance Consultants Ltd • reject the claim or reduce the amount of payment reasonably and properly charged by the legal Opponent(s) immediately about any change to the information set we make; representative, up to the standard rates set by out in the Statement of Fact, Certificate of Motor The third party responsible for the accident or the courts Insurance or on your Policy Schedule. You must • cancel your policy from the date of the fraudulent collision which has given rise to an insured event also tell Carole Nash Insurance immediatley if any of act and not return any premium paid; b. your opponents costs which you are ordered to under this policy and against whom the insured the following happens: pay by a court, the most we will pay for all claims person wishes to bring a claim. Proceedings may not • recover from you any costs we’ve incurred relating arising out of one event is £100,000 be issued against us, the insurer or your insurance • you or any driver receive any motoring convictions to the fraudulent claim and any further claims or fixed penalty endorsements (pending or not); or notified after the date of the fraudulent act; Cover Period broker or agent, nor may proceedings be issued any accidents, claims, thefts or losses occur • pass details to fraud prevention and law The period shown in your current Certificate of Motor against an employer where you are the employer and including fault and non fault, whether claimed for enforcement agencies who may access and use this Insurance. the driver is your employee. or not on any motor vehicle policy; information. Other insurers may also access this Part 36 Offer Damages • you or any other driver has been convicted of a information Any offer made by an opponent to settle a claim criminal offence or have any possible prosecutions Any sum that a court says your opponent must pay 14 Carole Nash Insurance Consultants Ltd Carole Nash Insurance Consultants Ltd 15
which may or may not offer any admission of liability, Monaco, Montenegro, San Marino, Serbia, Switzerland • we have given written approval to pursuing a claim success in the claim, the amount of damages that which may be made by either party at any time and the European part of Turkey. prior to you commencing any legal proceedings or are likely to be recovered, or the amount of the during the duration of the claim and if it is to be making an appeal; costs of the claim; Terrorism accepted, must be agreed within 21 days of the offer • you follow our or the legal representative’s advice • keep us informed (or ask the legal representative being made. Such an offer has the potential to cause Any direct or indirect consequence of terrorism and provide any information they ask for; to keep us informed), particularly if any offers have the insured person to pay part of their opponent’s as defined by the Terrorism Act 2000 and any • your legal representative follows the been made; costs should the insured person reject an offer, amending or substituting legislation. requirements set out in the your legal • get our written consent before any part 36 offer continue with the legal proceedings and subsequently Uninsured Loss(es) representative must do the following’ section or other offer of settlement is accepted or rejected; fail to obtain more than they were offered by the Any loss directly arising from the insured incident below. • get our written consent before any claim is opponent, or should they accept outside the 21 day in question that is not covered by any other insurance We will not cover: discontinued; period. This includes offers made under Part 36 of the policy. Civil Procedure Rules 1998. • adverse costs and fees and expenses you have • take reasonable steps to keep all costs, fees and Vehicle paid directly to the legal representative or any expenses as low as possible; Policy The vehicle specified in the motor insurance policy, other person without our prior written approval; • attend court or go to any expert examination when This before-the-event legal expenses policy which was being driven or ridden by a person entitled • any claim resulting from a road traffic accident not asked to do so; providing cover for adverse costs and fees and to drive or ride under the motor insurance policy, covered by the motor insurance policy; • act upon any order for costs promptly; expenses, together with the Policy Schedule and any together with any trailer attached to such vehicle at • any legal action brought against you; • not do anything to impede any negotiations about endorsement which attaches to it. the time of the insured Incident. • any claim where you intend to represent yourself costs or any assessment of costs; Proportionate Manner We, Our, Us (known as a litigant-in-person) unless: • provide us with access to your legal In determining whether a claim can be pursued in a MotorPlus Limited an insurance intermediary who • we have given prior written approval; or representative and authorise them to keep us ‘proportionate manner’ the factors we will take is authorised to manage claims on behalf of the • the claim is allocated to the small claims track and informed of the progress of the claim and any other into account in assessing whether those costs are insurer. has been accepted by us relevant matters; reasonable include but are not limited to: • any claim which you settle or discontinue without • allow us to have any legal bill audited or assessed. You, Your, Yourself, Insured Person • the prospects of success and the likely costs of our consent; pursuing the claim; The named holder of this policy who lives in the Settling Claims in Particular United Kingdom together with any other person • any costs, fees or expenses incurred after you • the amount claimed and the amount that is likely to have rejected our or the legal representative’s Circumstances who is entitled to drive or ride the vehicle under the We have the right to: be recovered; advice to settle or discontinue a claim; motor insurance policy (including any other person • the amount of adverse costs that we would be • any fines, penalties or damages you are ordered to • settle a claim by paying the amount in dispute; who is a passenger/pillion in the vehicle) likely to pay if the claim was unsuccessful; pay by a court or similar authority; • settle the costs covered by this policy if there is no • the prospects of enforcing a judgment or agreement; and Section 1 • disputes arising from parking offences; other way of getting these costs back; • any claim where the opponent cannot be traced or • the circumstances of the insured incident, including Uninsured Loss Recovery identified, or is not insured for the risks of a claim; Section 2 the conduct of the insured person. Reasonable Prospects We will pay the costs for adverse costs and fees • any claims where you have instructed the legal representative to stop acting on your behalf or Motor Prosecution Defence and expenses for you to take legal action as a result where the legal representative has refused to ‘Reasonable prospects’ means we deem there is a of any road traffic accident being the fault of the We will pay the costs of defending your legal rights 51% or greater chance that you will be successful in continue to represent you; (including making an appeal against your conviction opponent occurring within the territorial limits and your pursuit of legal proceedings. This means that • any costs, fees or expenses following you or sentence) after any event which results in criminal during the cover period which covers the following: you have a greater chance of winning than losing. breaching the terms of this policy (see ‘you must proceedings being brought against you for an offence • damage to the insured vehicle; or do the following’ below); Small Claims Track Limit relating to your ownership or use of the insured • damage to any personal belongings within or on the • any costs awarded by the court as a result of your vehicle. If you are resident in England or Wales, the most you insured vehicle; or unreasonable behaviour or that of your legal Pleas in mitigation are covered where there is can claim in the small claims track of the county • your death or bodily injury while you are travelling representative; a reasonable prospect of such a plea materially court in England and Wales, small claims track limit in or on, or getting into or out of; or on or off the being any claims under £10,000 or where you are • where you have disregarded our advice to accept a affecting the likely outcome. insured vehicle; or part 36 offer to settle a claim; pursuing a claim for personal injury any claim under We will provide cover as long as: • any other uninsured losses that you sustain. • where we have advised the insured person that £1,000. • the proceedings arise from an event that occurred We will provide this cover as long as: their claim would be best settled by other means within the territorial limits and within the cover Territorial Limits (Motor Contract Cover) • your claim has reasonable prospects of success; than the issue of legal proceedings in a court of law period; The territorial limit is Great Britain, Northern Ireland, • the claim can be pursued in a proportionate within the United Kingdom. • the proceedings will be decided by a court within The Channel Islands and the Isle of Man. manner; You must do the following - failure to do so will result the territorial limits; Territorial Limits (Uninsured Loss Recovery and • the accident happened within the territorial limit in cover being withdrawn for adverse costs, fees and We will not provide cover for the following; Motor Prosecution Defence) and within the period of insurance; expenses: • parking offences for which you do not receive The European Economic Area (the European Union • the incident was the fault of the opponent. • provide promptly any other supporting information penalty points against your licence; plus Iceland, Liechtenstein and Norway) and in • you do not deliberately mislead us or the legal we or the legal representative ask for; • driving or riding while under the influence of alcohol addition the Isle of Man, Jersey, Guernsey, Albania, representative or exaggerate the claim or bring • keep us and the legal representative informed or drugs; Andorra, Bosnia Herzegovina, FYR Macedonia, any false or contrived claims; of any matters that might affect the chances of 16 Carole Nash Insurance Consultants Ltd Carole Nash Insurance Consultants Ltd 17
• driving or riding without valid motor insurance; any adjustment to your policy; or nuclear fission or fusion or other comparable to pay additional fees if we feel the situation • any offence which would be covered under • fails to reveal or hides a fact likely to influence the reaction or radioactive force or matter. warrants it. This will remain entirely at our Uninsured Loss Recovery, Section 1; cover we provide; discretion; • where you qualify for legal aid; • makes a statement to us or anyone acting on our − Loss or damage caused by war, invasion, foreign − The legal representative or solicitor of your • fines, penalties, or compensation orders, or behalf, knowing the statement to be false; enemy hostilities (whether war is declared or not), choosing will have direct contact with us and applications for judicial review. • sends us or anyone acting on our behalf a civil war, terrorism, rebellion, revolution, military must fully cooperate with us at all times, and document, knowing the document to be forged or force or coup, or confiscation, nationalisation, you must cooperate with your representative, Section 3 false; requisition, destruction of or damage to property by or under the order of any government, local or providing all necessary information and assistance to them as required; • makes a claim under the policy, knowing the claim Motor Contract Cover to be false or fraudulent in any way; or public authority. • any damage directly occasioned by pressure waves − Any solicitor that you appoint must sign our standard terms of appointment and adhere to all • makes a claim for any loss or damage you caused We will pay the costs of you taking or defending caused by aircraft and other aerial devices travelling of its terms. You agree to us having access to the deliberately or with your knowledge. legal action as a result of any action arising from a at sonic or supersonic speeds. legal representative’s or solicitor’s (as the case If your claim is in any way dishonest or exaggerated may be) file relating to your claim. You will be contract you have to: • claims in respect of damage or losses arising from then we will not pay any benefit under this policy or considered to have provided express consent to • buy, hire or sell the insured vehicle or its spare parts races, rallies or competitions, or claims where the return any premium to you and we may cancel your us or our appointed agent to access the file for or accessories; or vehicle has not been maintained in accordance policy immediately and backdate the cancellation to auditing, quality and cost control purposes. • service, repair or test the insured vehicle. with the manufacturer’s recommendations and/or the date of the fraudulent claim. We may also take We will provide cover as long as; instructions - including servicing and vehicle faults. Arbitration legal action against you and inform the appropriate • you entered into the contract within the territorial authorities. • claims in excess of the limit of indemnity of − If there is a dispute between you and us, or you limits; £100,000 for any one claim. and the insurer, which arises from this insurance, We will not provide cover for the following: • the dispute first arose within the cover period; you can make a complaint to us in accordance • any legal action is brought within the territorial • any claim that is not notified to us as soon as is reasonably possible after the date of event when Conditions That Apply to All with the complaints process which can be found on page 19. If we, or the insurer, are not able to limit; and • after taking into account the view of your legal the claim may be prejudiced by late notification. • any claim arising out of an insured person’s alleged of the Legal Expenses Policy resolve the matter satisfactorily and the matter can be dealt with by the Financial Ombudsman representative, in our opinion you are more likely dishonesty or violent conduct. Legal Representative Service, you can ask them to arbitrate in the to succeed than not when recovering damages, • any claim arising out of an insured person’s alleged − Before legal proceedings are issued, a matter. defending the legal action or settling the dispute in use of drugs or alcohol. another way. representative from our panel will be appointed − If the matter cannot be dealt with by the • disputes arising, from or relating to: to act for you to pursue, defend or settle any Financial Ombudsman Service, it can be referred We will not provide cover for the following; − criminal prosecutions or family proceedings, claim we have accepted in accordance with the to arbitration by a single arbitrator who will be • the first £100 of every claim under this section: the exclusion for cover in respect of criminal terms and conditions of this policy; agreed by both you and us. The arbitration shall • any event which occurs within the first three prosecutions shall not apply if you are making − Should legal proceedings need to be issued or be in accordance with the Arbitration Act 1996 months of this policy, unless the claim is for new a claim for motor criminal prosecutions, under have been issued against you, or where there is a and any amending or substituting legislation goods or services bought after the start of this section 2 motor prosecution defence of this conflict of interest, you can choose a non-panel and will be binding on both parties. The costs of policy; policy; solicitor of your choosing. You must inform us the arbitration shall be at the discretion of the • any contract where the amount in dispute is less − judicial review or applications for judicial review; in writing of the full name and address of the arbitrator. than: − enforcement proceedings; representative you want to act for you; − If we are not able to agree on the appointment • £1,000 for buying, selling or hiring the insured − the terms and conditions of this policy, including − If there is any dispute over your choice of solicitor of an arbitrator, we shall ask the President of the vehicle; or alleged rights of a person other than you to you will be asked to nominate an alternative. Chartered Institute of Arbitrators to decide. Their • £250 for servicing, repairing or testing the insured enforce the terms of this policy. For the avoidance If, after having done so, we are still not able decision will be final and binding on both parties. vehicle; of doubt no person other than those defined to agree, you may escalate the matter in Statutory Regulations • a dispute over the amount of money or other under the definition of insured person shall be accordance with the Arbitration condition of this − In all matters relating to the performance of this compensation due under an insurance policy; entitled to claim against this policy. policy. Until the complaint has been resolved, insurance contract, it is the responsibility of both • a dispute which arises following your deliberate • any adverse costs or fees and expenses in any or until such time as an arbitrator has reached a you and us that we both respectively comply breach of a contract. claim where those costs are covered by another decision, we shall be entitled to appoint a legal with all Acts of Parliament and with all orders, insurance policy or similar scheme including cover representative from our panel in order to protect regulations and bylaws made with statutory Exclusions That Apply to All arising by virtue of an insured person’s trade union membership. your interests in any legal proceedings; − If you do select to appoint your own solicitor, authority by Government Departments or by local or other authorities. The cost of meeting the of the Legal Expenses Policy • Any direct or indirect consequence of: this insurance will not cover expenses over and above the costs that our panel would charge in requirements of this clause will be payable by you − Irradiation, or contamination by nuclear material; and us in our own rights respectively. Fraudulent Claims or equivalent circumstances. For your information, this means that we would take into account the Proportionality You must not act in a fraudulent way. If you or − The radioactive, toxic, explosive or other seriousness of the claim and the location and class − Where an award of damages is the only legal anyone acting for you: hazardous or contaminating properties of any of solicitor that you choose. The hourly rate is remedy to a dispute and the cost of pursuing civil • fails to reveal or hides a fact likely to influence radioactive matter; or currently set at £125 + VAT. We reserve the right proceedings is likely to exceed the value of any such whether we accept your proposal, your renewal, or − Any device or weapon which employs atomic to assess each case on its merits, and may agree award of damages, the most the insurer will pay in 18 Carole Nash Insurance Consultants Ltd Carole Nash Insurance Consultants Ltd 19
respect of legal costs is the value of the likely award of damages. Financial Conduct Authority and limited regulation by the Prudential Regulation Authority. Details of the Section 4 If you have to go into hospital after an accident, within the territorial limit and within the period Severability Temporary Permissions Regime, which allows EEA- based firms to operate in the UK for a limited period UK assistance of insurance and are more than 20 miles from your home, we will pay for one nights’ bed and breakfast − If any term of this contract of insurance is to while seeking full authorisation, are available on the in a hotel we choose, for your passenger(s). The any extent invalid, illegal or incapable of being Financial Conduct Authority’s website. AXA Assistance What is covered under Section 4 most we will pay is £100 a person. You must pay enforced, such term will be excluded to the extent (UK) Limited operates the 24-hour motoring for any extra hotel costs. We will also arrange for an Home and Roadside Assistance of such invalidity, illegality or unenforceability; all assistance helpline. ambulance to take you to a hospital near your home other terms will remain in full force and effect. We will come out to the insured vehicle if you can’t ride it after a breakdown, accident, or an act of if medically necessary, the maximum that we will Acts of Parliament Definitions pay is a total of £300. A doctor must give permission vandalism within the territorial limit and within the The following words or phrases have the meanings before we do this. − All references to Acts of Parliament in this period of insurance. given below whenever they appear in the policy shall include the equivalent laws in We will try to repair the insured vehicle at the Replacement Driver Breakdown Assistance policy wording. These will be Scotland, Northern Ireland, the Isle of Man and the roadside. The repair work will be free of charge, for If you are the only driver and cannot drive because shown in bold. Channel Islands and shall include any subsequent up to one hour, but you must pay the cost of any you are ill or injured within the territorial limit and amendments, re-enactments or regulations. Breakdown parts, fuel or other supplies used to repair the insured within the period of insurance, we can arrange and Privacy Statement Where the insured vehicle cannot be driven due to vehicle. pay for a replacement driver to take you, the insured an electrical or mechanical fault, the theft or loss of If we have to make a forced entry to the insured vehicle and your passengers to your home address For full details of how we protect your privacy and keys, a flat tyre, or running out of fuel. vehicle because you are locked out or have lost your within the territorial limit. process your data please read the Privacy Statement that accompanies this policy. The Privacy Statement Insured Vehicle keys, you must sign a declaration, saying that you will Message Service can also be viewed online by visiting Any vehicle specified in the Policy Schedule or be responsible for the damage. We can get a message to a person you have chosen, www.coplus.co.uk/data-privacy-notice. described in the current Certificate of Motor If we cannot repair the insured vehicle at the if your journey has been delayed as a result of Insurance. roadside and it cannot be repaired the same day at Cancellation Right a local garage after being recovered by us, we will a breakdown, accident, or an act of vandalism The insured vehicle must be no more than: within the territorial limit and within the period of Please refer to the main cancellation section on page arrange and pay for one of the following; 8 for details. • 3.5 tonnes when fully loaded; insurance. • 5.5 metres (18 feet) long; Onward Travel Broken Glass Making a Claim • 2.3 metres (7 feet 6 inches) wide. We will arrange and pay for the insured vehicle, you We can arrange for an approved supplier to come out The claims procedure outlined below is administered and one passenger to continue with your journey to This also includes any caravan or trailer attached to to you to replace any broken glass, but you will have by Motorplus Limited. If you need to make a claim your destination, or to return home; or your motor vehicle (as long as it is no longer than 7.6 to pay for the work they do. under section 2 or 3, please call 0333 241 9567. metres (25 feet) long, including the towbar). Hotel Accommodation If you need to make a claim under Section 1, please Accidents Period of Insurance If you are more than 50 miles from your home contact Carole Nash Insurance Consultants Ltd on We will come out to the insured vehicle if you The period shown in your current Certificate of Motor address, we will pay for the cost of bed and breakfast 0800 804 7964. cannot drive it after an accident. We will pay the Insurance. for you and your passengers. The most we will pay Carole Nash Insurance Consultants Ltd will pass the recovery charges on your behalf, but will be entitled is £50 per person. You must pay for any extra hotel details of your claim on to a solicitor. Territorial Limit to ask you for all reasonable help to take action in costs; or your name to get our costs refunded from another Legal Helpline The territorial limit for Section 4 is Great Britain, Car Hire organisation. Carole Nash Legal Expenses includes access to Legal Northern Ireland, the Channel Islands and the Isle of Man. We will arrange and pay for a hire car, up to 1600cc, Claims Helpline to give advice, 24 hours a day, 365 days a for up to 24 hours. You must have a valid driving year, on any personal legal matter. We may record The territorial limit for Section 5 is Andorra, Austria, We shall not be responsible for more than four claims licence with you, and pay a deposit to the hire-car the calls to protect you. Legal Helpline Tel. No. 0333 Belgium, Cyprus, the Czech Republic, Denmark, against the service during any 12 month period. Once company by credit card, to cover the cost of the fuel 241 9567. We agree to cover you under the terms and Estonia, Finland, France, Germany, Gibraltar, Greece, the maximum number of claims has been reached, you use, insurance and any extra days’ hire. conditions of this policy. Hungary, Italy, Latvia, Liechtenstein, Lithuania, a referral service will be offered. All costs will be Luxembourg, Malta, Monaco, the Netherlands, We will provide car hire as long as you are between charged to you. 25 and 65 years old. We will try to arrange something UK & European Breakdown Norway, Poland, Portugal, the Republic of Ireland, San Marino, Slovakia, Slovenia, Spain, Sweden, for you if you are under 25 or over 65, but we cannot Section 5 Recovery Policy Switzerland and Turkey. guarantee that we will be able to help. You might not be able to get a hire car if you have endorsements on European assistance We, Us, Our your driving licence. UK and European, roadside assistance and vehicle Inter Partner Assistance S.A. UK Branch and AXA We will choose the most appropriate solution from We will provide the cover of this Section as long as recovery is nderwritten by Inter Partner Assistance Assistance (UK) Ltd both of The Quadrangle, 106-118 the options above. you are not travelling outside the UK for more than 91 S.A. UK Branch, with a registered office at 106-118 Station Road, Redhill, Surrey RH1 1PR, UK. days at a time. Station Road, Redhill, RH1 1PR is a Branch of Inter Storage Partner Assistance S.A. (Financial Conduct Authority You, Your If the insured vehicle has to be stored after we have The most we will pay for all claims arising out of one registration number 202664), which is a Belgian firm The person named in your current Certificate of recovered it, we will pay for the cost of storing the event under this Section is £2,500 subject to the authorised by the National Bank of Belgium under Motor Insurance and any person authorised to drive or insured vehicle. The most we will pay is £50. terms and conditions of this policy. number 0487. Deemed authorised by the Prudential be a passenger in the insured vehicle. Regulation Authority. Subject to regulation by the Medical Assistance What is covered under Section 5 20 Carole Nash Insurance Consultants Ltd Carole Nash Insurance Consultants Ltd 21
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