SCOOT AND COMMUTE - INSURANCE DOCUMENTS - Carole Nash
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SCOOT AND COMMUTE INSURANCE DOCUMENTS
Useful Numbers and Important Information Welcome
information CHANGES IN YOUR CIRCUMSTANCES Thank you for arranging your motorcycle insurance
through Carole Nash, we hope you find this booklet useful
CUSTOMER SERVICES You must tell Carole Nash Insurance immediately about
in ensuring you get the most out of your insurance policy.
any changes to the information set out in the Statement
If you have any queries regarding this policy, please contact
Of Fact, Certificate Of Motor Insurance or on your Policy Contained within this booklet is information about your
us:
Schedule. policy cover. Please take time to read the policy wordings
Phone: 0800 298 5511 and your Carole Nash Terms of Business (enclosed
More information can be found on page 9.
within your policy document pack) as they contain vital
Email: bikes@carolenash.com
information about your policy.
MAKING A CLAIM Data Protection If you have any queries regarding this policy, please
Should you be in the unfortunate position of having to make Please check your insurers’ privacy notice on the contact us:
a claim, our in-house ’Talking Claims’ service removes much of Statement of Fact for more information on how they use Phone: 0800 298 5511
the inconvenience and hassle to you. Simply call your information.
0800 298 5533. E-mail:bikes@carolenash.com
More information can be found on page 8.
UK 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
More information can be found on page 16.
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 11.
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 motorcycle overseas for longer than is
stated in your Policy Schedule, please call us on
0800 298 5511.
More information can be found on page 6.Contents Contract of
CONTRACT OF MOTORCYCLE INSURANCE 2 Motorcycle Insurance
MOTORCYCLE INSURANCE CONTRACT OF INSURANCE
POLICY WORDING 3
We will provide insurance under the terms, exceptions,
Definitions 3 conditions and endorsements of this policy, during any
period for which we have accepted your premium and
SECTION 1 within the territorial limits. Please take time to read
Liability to others 4 through your documents which contain important
SECTION 2 information about the details you have given.
Cover for fire & theft 5 The law of England and Wales will apply to this contract
SECTION 3 unless:
Damage to your motorcycle 5 • you and the Insurer agree otherwise; or
SECTION 4 • at the date of the contract you are a resident of (or,
Foreign use 6 in the case of a business, the registered office or
principal place of business is situated in) Scotland,
GENERAL EXCEPTIONS 7 Northern Ireland, Channel Islands or the Isle of Man,
in which case (in the absence of agreement to the
POLICY CONDITIONS 8 contrary) the law of that country will apply.
Cancellation 8 Signed for and on behalf of the Insurers.
LEGAL EXPENSES POLICY 11
Definitions 11
SECTION 1
Uninsured Loss Recovery 13
Ian Donaldson
SECTION 2 Chief Executive Officer
Motor Prosecution Defence 14 Carole Nash Insurance Consultants Ltd
SECTION 3
Motor Contract Cover 14
UK BREAKDOWN RECOVERY POLICY 16
Definitions 16
SECTION 4
UK assistance
16
COMPLAINTS PROCEDURE 19
1 Carole Nash Insurance Consultants Ltd Carole Nash Insurance Consultants Ltd 2Motorcycle Insurance INSURER/WE/OUR/US
The Insurer described on the Policy Schedule.
Your Cover
Policy Wording MARKET VALUE
Your current Policy Schedule shows the cover applicable to your motorcycle(s)
THIRD PARTY THIRD PARTY PAGE NO.
DEFINITIONS The cost of replacing your motorcycle with one of the SECTION COVER PROVIDED COMPREHENSIVE FIRE & THEFT ONLY
The following words or phrases have the meanings given same make, model, specification, mileage and age, and
which is in the same condition your motorcycle was in SECTION 1 Liability to Others 3 3 3 4
below whenever they appear in the main Motorcycle
Insurance Policy wording. These will be shown in bold. immediately before the loss or damage you are SECTION 2 Cover for Fire & Theft 3 3 x 5
claiming for. Damage to your
ACCESSORIES SECTION 3 3 x x 5
motorcycle
Additional or supplementary parts of your motorcycle MOTORCYCLE
SECTION 4 Foreign Use 3 3 3 6
not directly related to its function as a motorcycle. This Any mechanically propelled vehicle with or without a
definition includes top boxes, tank bags and other luggage sidecar that has less than four wheels as specified on the Legal expenses cover,
LEGAL EXPENSES in the event of an accident 11
carriers while fitted to your motorcycle but does not Policy Schedule or described in the current Certificate POLICY 3 3 3
include telephone, audio, navigation equipment, helmets or of Motor Insurance. that is not your fault
clothing.
PERIOD OF INSURANCE UK UK accident breakdown
AGREED VALUE (IF APPLICABLE) The period of time covered by this insurance (as shown in BREAKDOWN recovery, including 3 3 3 16
the Certificate of Motor Insurance and your Policy RECOVERY Homestart
This is the amount shown in the Policy Schedule,
which represents the value of your motorcycle. This Schedule).
is the most we will pay you if your motorcycle is lost,
totally destroyed or where the cost of repairs is greater
POLICY Section 1 OTHER PEOPLE RIDING OR USING YOUR
MOTORCYCLE
than the agreed value. The contract between us and you which is made up of
the current Policy Schedule, Certificate of Motor LIABILITY TO OTHERS The following people are also insured:
Note: Agreed value can be considered only if you Insurance, Statement of Fact and this booklet. • a ny person you allow to ride or use your
WHAT IS COVERED
have submitted all necessary photographs (and motorcycle, as long as this is allowed by your
valuation if required) and these have been received and POLICY SCHEDULE RIDING YOUR MOTORCYCLE current Certificate of Motor Insurance and has
accepted by Carole Nash Insurance Consultants Ltd. If This provides details of you, your motorcycle and the We will insure you for all the amounts you may be legally not been excluded by an endorsement, exception
this documentation has not been received and your insurance protection provided to you. liable to pay for: or condition.
motorcycle is lost, totally destroyed or damaged, the • death or injury to other people; or • any person who causes an accident while travelling
RACE TRACK
most we will pay will be market value. on or getting on or off your motorcycle.
Any track, field, circuit or road, including toll roads (with no • damage to another person’s property up to a
CERTIFICATE OF MOTOR INSURANCE maximum speed limit), which is being used at the time of maximum amount of £20,000,000 and claimants BUSINESS USE
Evidence that you have the motor insurance required by the loss or damage for racing, rallies, pacemaking, speed costs and expenses and any other costs and expenses If your Certificate of Motor Insurance allows business
trials or track days. up to £5,000,000 use, we will insure your employer or business partner
law. It shows who may ride your motorcycle and what it
may be used for. as a result of any accident you have while you are riding, against the events shown under ‘Riding your motorcycle’
STATEMENT OF FACT using or in charge of your motorcycle, during the while you are working for that employer or partner,
CONDITIONS The document completed by you or on your behalf period of insurance. but not while using a vehicle provided by the employer
These describe your responsibilities and the procedures which contains information you gave at the time the or partner unless that vehicle is shown in the Policy
that you must follow. Failure to meet with policy insurance was arranged and on which we have relied in RIDING OTHER MOTORCYCLES
Schedule.
conditions could mean that you do not have the full providing this insurance. We will also provide the cover shown above (if this is specified
protection of your policy and that we may refuse to in your Certificate of Motor Insurance) for you to ride LEGAL PERSONAL REPRESENTATIVES
TERRITORIAL LIMITS any motorcycle that you do not own and have not hired
deal with your claim or reduce the amount of any claim After the death of anyone who is covered by this insurance,
payment. The United Kingdom of Great Britain and Northern Ireland, under a hire purchase or leasing agreement, as long as you we will deal with any claim made against that person’s
the Isle of Man and the Channel Islands. have the owner’s permission to ride it. estate, provided that the claim is covered by this insurance.
ENDORSEMENT
YOU/YOUR/POLICYHOLDER You are not insured against the following: LEGAL COSTS
A change in the terms of the insurance which replaces the
standard insurance wording, and is printed on, or issued The person described as the policyholder on the current • a ny loss or damage to the motorcycle you are riding. If we agree in writing, we will pay for the following legal
with, the Policy Schedule. Certificate of Motor Insurance. fees if they arise from a claim caused by an accident that is
• any event which occurs outside of the territorial limits..
covered under this insurance:
EXCESS • any event which occurs when the insurance is not in the
name of an individual person. • t he solicitor’s fee for representing anyone we insure
The amount you must pay towards any claim.
• any liability if you are not riding the motorcycle. at a court of summary jurisdiction, fatal accident
enquiry or coroner’s inquest.
• securing the release of a motorcycle which has been
seized or confiscated by, or on behalf of, any government • the costs of legal services we arrange for defending an
or public authority. insured person against manslaughter or causing death
by dangerous driving.
• any liability unless the owner or keeper of the
motorcycle you are riding has arranged his/her own
insurance separate to this policy
3 Carole Nash Insurance Consultants Ltd Carole Nash Insurance Consultants Ltd 4EMERGENCY MEDICAL TREATMENT WHAT IS NOT COVERED If your motorcycle is insured on a market value basis Article (8) of EC Directive 2009/103/EC relating to civil
We will pay for emergency medical treatment after an • The amount of the excess shown in the Policy in the event of a total loss the salvage/motorcycle will liabilities arising from the use of a motor vehicle.
accident involving any motorcycle which this insurance Schedule. become the property of the Insurer. European Union (EU) compulsory cover does not apply
covers. • loss of value, wear and tear, mechanical, electrical, when you are riding any motorcycle that you do
WHAT IS NOT COVERED
The Road Traffic Act says we must provide this cover. If electronic or computer failures or breakdowns not own or have hired under a hire purchase or leasing
or breakages. • t he amount of the excess shown in the agreement.
this is the only payment we make, it will not affect your Policy Schedule.
no claim bonus. • loss of use. In addition we will also provide the cover shown in your
• loss of value, wear and tear, mechanical, electrical,
By law the person using your motorcycle must pay the • depreciation in value of your motorcycle after you electronic or computer failures or breakdowns or Policy Schedule while you are using your motorcycle
have made a valid claim under this Section. breakages. within the areas listed above.
cost of emergency treatment. They should pass the bill
for emergency treatment to us straight away along with a • loss or damage caused by deception. • damage to tyres by braking, punctures, cuts or bursts. While you are visiting these countries, your insurance will
fully completed accident report form. • theft as a result of keys remaining in or on your • loss of use. be extended to cover the following:
motorcycle whilst it is unattended.
WHAT IS NOT COVERED • depreciation in value of your motorcycle after you • y our motorcycle being moved (including loading
• loss of or damage to any accessory which is not have made a valid claim under this Section. and unloading) by sea, rail or air between the
These exceptions apply to the whole of Section 1 - Liability permanently attached to your motorcycle at the countries where you have cover.
to others. time of the loss. • loss of or damage to any accessory which is not
permanently attached to your motorcycle, at the • in the event of any incident which results in a claim
• d eath of, or bodily injury to any person arising out • loss of or damage to accessories unless your time of the loss. under Section 2 - Cover for fire and theft, or
of and in the course of their employment by the motorcycle is damaged or stolen at the Section 3 - Damage to your motorcycle:
same time. • damage caused by chewing, scratching, tearing
policyholder or by any other person claiming under −− the cost of delivering your motorcycle to you or
or fouling by domestic pets, or caused by vermin,
this insurance. This does not apply if we need to • theft or unauthorised taking of your motorcycle by to your home within the territorial limits. after
animals, insects, mildew or fungus.
provide cover due to the requirements of relevant laws. a member of the policyholder’s family or anyone necessary repairs have been finished; or
normally living with you. • damage caused by frost, smog or any
• loss of, or damage to, any property belonging to (or −− foreign customs duty you must pay because
gradual process.
in the care of) any person claiming under this Section • loss of or damage to specialist paintwork, including damage to your motorcycle prevents its return
of the insurance. any engraving or precious metals, on your • loss or damage resulting from unauthorised
taking of your motorcycle by a member of the to the United Kingdom.
• anyone covered by any other insurance. motorcycle.
policyholder’s family or anyone normally living with • General Average and Salvage charges if you are liable.
• loss of or damage to any motorcycle or trailer • loss of or damage to trailers. you. We will only provide this cover if your permanent home is
covered under this insurance. • loss of or damage to your motorcycle or • loss of or damage to accessories unless your in the United Kingdom.
accessory due to or occasioned by the impounding motorcycle is damaged at the same time.
Section 2 or destruction of your motorcycle
by an authorised body. • damage to specialist paintwork, including any
Important: The length of time that we will give cover for
under this section in any one period of insurance may
engraving or precious metals, on your motorcycle.
COVER FOR FIRE & THEFT • loss or damage from taking your motorcycle and
• damage you or anybody insured under this policy
be limited. The number of days that we will provide this
returning to its legal owner. cover for will be specified in the endorsements shown in
WHAT IS COVERED has done deliberately. your Policy Schedule.
If your motorcycle or its accessories are lost or
Section 3
• loss of or damage to trailers.
If you want to travel to a country that is not shown on
damaged by fire, theft or attempted theft during the • loss of or damage to your motorcycle or accessory the back of your Certificate of Motor Insurance, or if
period of insurance, we will choose to either repair
or replace your motorcycle or the accessory, or DAMAGE TO YOUR MOTORCYCLE due to or occasioned by the impounding or destruction
of your motorcycle by an authorised body.
you wish to go for longer than the number of days shown
in your endorsement, please contact our Customer
we will give the legal owner a cash payment up to or WHAT IS COVERED • loss or damage from taking your motorcycle and Services team on 0800 298 5511.
the same as the market value or agreed value of If your motorcycle or its accessories are accidentally returning to its legal owner.
your motorcycle or the accessory at the time it was or maliciously damaged or vandalised during the period
damaged.
Suitable parts or accessories may be used which are not
of insurance, we will choose to either repair or replace
your motorcycle or the accessory, or we will give Section 4
the legal owner a cash payment up to or the same as the
supplied by the original manufacturer.
market value or agreed value of your motorcycle
FOREIGN USE
If your motorcycle is insured on an agreed value or the accessory at the time it was damaged. EUROPEAN UNION (EU) COMPULSORY COVER
basis (as stated in the Policy Schedule) in the event of We provide the minimum cover required by law to allow
a total loss you may be given the option to purchase any Suitable parts or accessories may be used which are not
you to use your motorcycle in any of the following
remaining salvage at the amount your motorcycle will supplied by the original manufacturer.
countries:
attract on the open market in its damaged condition. If your motorcycle is insured on an agreed value
• a ny country, which is a member of the
If your motorcycle is insured on a market value basis basis (as stated in the Policy Schedule) in the event of European Union.
in the event of a total loss the salvage/motorcycle will a total loss you may be given the option to purchase any
remaining salvage at the amount your motorcycle will • any country which has Commission of the European
become the property of the Insurer. Communities is satisfied has made arrangements of
attract on the open market in its damaged condition.
5 Carole Nash Insurance Consultants Ltd Carole Nash Insurance Consultants Ltd 6General Exceptions −− earthquake;
−− ionising radiation or radioactive contamination from
POLICY CONDITIONS
You must comply with the following conditions to have
5. REASONABLE PRECAUTIONS
You must take all reasonable steps to keep your
These general exceptions apply to the whole of this insurance. nuclear fuel, or nuclear waste, or the radioactive, toxic, the full protection of your policy. If you do not comply with motorcycle in a safe and roadworthy condition and
Your insurance does not cover the following: explosive or other dangerous properties of explosive them we may at our option cancel the policy or refuse protect it from damage, including fire, theft or attempted
nuclear equipment or nuclear parts; to deal with your claim or reduce the amount of any claim theft, malicious damage and someone taking your
• a ny liability, accident, injury, loss or damage that happens −− pressure waves caused by aircraft and other flying motorcycle without your permission.
payment.
while any motorcycle covered by this insurance is: objects; or
1. NO CLAIMS BONUS The motorcycle must be kept or used with a valid
−− being used for a purpose which your motorcycle −− carrying any dangerous substances or goods
is not insured for; Department of Transport test (M.O.T.) certificate, if one is
(except where we need to provide cover to meet If you or anyone else does not make a claim under this
needed.
−− in the charge of anyone who is not described in the compulsory motor insurance law). insurance, we will discount your renewal premium in
the Certificate of Motor Insurance as a person line with the scale of no claim bonus which applies at the You must also keep to all legal regulations relating to
• any liability, loss or damage that happens outside
entitled to ride; time. If you would like more information on the no claim your motorcycle and its ownership. You must allow us
the territorial limits (apart from where cover is
−− is in the charge of anyone who is excluded from provided under European Union (EU) compulsory bonus scale which applies or how your no claim bonus to examine your motorcycle whenever we ask.
riding by an endorsement; cover in Section 4 - Foreign use, or unless you have may be affected following a claim, you should contact
6. KEEPING TO THE TERMS OF THIS POLICY
paid an extra premium to extend your cover). Carole Nash Insurance Consultants Ltd.
−− being ridden by or in the charge of anyone who We will only give you the cover that is described in this
does not have a driving licence and or a valid • any proceedings brought against you outside the 2. HOW TO MAKE A CLAIM policy if any person claiming has met with all its terms
Compulsory Basic Training certificate if required; territorial limits, unless they result from using and conditions and endorsements, as far as they
Contact Carole Nash Insurance Consultants Ltd with full details
−− being ridden by or in the charge of anyone who is your motorcycle in a country which we have immediately after any damage or accident which might result apply.
disqualified from riding, who has not held a driving agreed to extend this insurance to cover.
in a claim under this policy. You or any other person claiming
licence or who is prevented by law from holding one; • any liability, injury, loss or damage caused directly or 7. FAILURE TO PAY A PREMIUM INSTALMENT
under this policy must send any claim form, summons or
−− being ridden by or in the charge of anyone who indirectly by: other correspondence to Carole Nash immediately. If you fail to pay an instalment you will be charged a
does not meet the terms and conditions of their −− pollution, or missed payment fee and be given a notice of cancellation.
driving licence; Carole Nash has a ’Talking Claims’ service which removes
−− contamination. much of the inconvenience and hassle to you. Simply call If payment is not made within the period of this notice,
−− being used on any part of an airport or airfield the policy will be cancelled and you will be charged for
unless the pollution or contamination is directly caused 0800 298 5533.
provided for aircraft movement, parking or the number of days cover that has been provided plus a
by one incident at a specific time and place during the
maintenance; If you are making a claim following the theft or attempted cancellation fee will be made.
period of insurance and is:
−− being used to carry passengers or goods in a theft of, or malicious damage to your motorcycle, you
−− sudden. must give immediate notification of the incident to the Please refer to the Carole Nash Terms of Business for
way likely to affect the safe driving or control of
your motorcycle; Police. details.
−− identifiable.
−− being used on a race track or off road activity of −− unintended or 3. DEFENDING OR SETTLING THE CLAIM 8. COOLING OFF PERIOD
any description or de restricted toll roads such as −− unexpected. You have the right to cancel your policy for a period
Unless they have our written permission, no person can
the Nurburgring. of 14 days, either from the day of purchase/renewal of
The pollution caused by one incident will be considered to represent or admit liability for us or for you or any other
• anyone who does not meet all the terms and person claiming cover under this policy. We can carry the contract or from the day you receive your policy
have occurred at the time the incident took place.
conditions of this insurance out the defence or settlement of any claim and we can documentation, whichever is the later. If you exercise this
• any liability that you have agreed to accept unless This exception does not apply if any compulsory motor choose the solicitor who will act for you in any legal right you will be charged for the number of days cover
you would have had that liability anyway. insurance law says we must provide this cover. action. that has been provided plus a cancellation fee. Please refer
• any loss, damage, injury or liability directly or indirectly to the Carole Nash Terms of Business for details.
We can also take legal action in your name or the name
caused by: There will be no refund if a total loss has occurred. You
of any other person covered by this policy, to recover any
−− war, invasion, act of terrorism, act of foreign payment we have made under this policy. You must give may cancel your policy with immediate effect by
enemy, hostilities (whether war is declared or not), us all the information and help we need to deal with the notifying Carole Nash Insurance Consultants Ltd by phone
civil unrest, revolution, or any similar event (except claim. or by post.
where we need to provide cover to meet the
compulsory motor insurance law); If you wish to cancel and the insurance cover has not yet
4. OTHER INSURANCE
commenced, you will be entitled to a full refund of the
−− incidents caused by riot or civil unrest outside of If you were covered by any other insurance for an incident premium paid.
England, Scotland, Wales, the Isle of Man or the which resulted in a valid claim under this policy, we will
Channel Islands; not pay any of the claim.
7 Carole Nash Insurance Consultants Ltd Carole Nash Insurance Consultants Ltd 89. CANCELLATION BY YOU Other insurers may also access this information. If the information provided by you is not complete
Your insurance policy has been arranged for a period of and accurate:
Please bear in mind that it is an offence under the Road
12 months and you are required to pay the full premium. Traffic Act to ride, or permit a motor vehicle to be on a • w
e may cancel your policy and refuse to pay
If you cancel the insurance other than in accordance with public highway or other public place, if you have not met any claim, or
Policy Condition 8 ‘Cooling Off Period’ and there has been the minimum insurance requirement. • we may not pay any claim in full, or
no claim(s), you will be charged for the number of days
cover that has been provided plus a cancellation fee, details 11. AVOIDING CERTAIN TERMS AND RIGHT OF • we may revise the premium and/or change
RECOVERY the compulsory excess, or
of which can be found in the Carole Nash Terms of Business.
We may have to pay a claim because the law of a country • the extent of the cover may be affected
Your insurance premium will include a payment for
your Legal Expenses and Breakdown cover which Carole which this policy runs in says we must. If we would not 13. FRAUDULENT CLAIMS
Nash have included as part of the Carole Nash product. have paid this claim otherwise, we can ask for a refund If you or anyone representing you makes a claim or part
This payment is non-refundable upon cancellation of the from you or the person responsible for causing the claim. of any claim that is fraudulent false or exaggerated;
policy other than if cancelled by you during your 14-day 12. CHANGES IN YOUR CIRCUMSTANCES We may:
‘cooling off’ period. Please refer to the Carole Nash Terms You must tell Carole Nash Insurance Consultants Ltd
of Business for details. • reject the claim or reduce the amount of payment
immediately about any changes to the information set we make;
If the policy is cancelled following subsequent renewal out in the Statement of Fact, Certificate of Motor
Insurance or on your Policy Schedule. You must • cancel your policy from the date of the fraudulent
you will be charged for the number of days cover that has
act and not return any premium paid;
been provided plus a cancellation fee. Please refer to the also tell Carole Nash Insurance immediately if any of the
Carole Nash Terms of Business for details. following happens: • recover from you any costs we’ve incurred relating
to the fraudulent claim and any further claims notified
You may cancel your policy with immediate effect by • y ou or any rider receive any motoring convictions or after the date of the fraudulent act;
notifying Carole Nash Insurance Consultants Ltd by phone fixed penalty endorsements (pending or not) or
any accidents, claims, thefts or losses occur including • pass details to fraud prevention and law enforcement
or by post. agencies who may access and use this information.
fault and non fault, whether claimed for or not on any
If a claim has occured there will be no refund. motor vehicle policy. Other insurers may also access this information.
10. OUR RIGHT TO CANCEL • you or any other rider has been convicted of a criminal
offence or have possible prosecutions outstanding;
In the unlikely event that your existing Insurer or Carole
Nash Insurance Consultants Ltd need to cancel your • the main rider of your motorcycle changes;
policy, you will be given seven days notice in writing. This • the registered keeper of your motorcycle changes;
will be sent to your last known address. • you change your motorcycle for another one;
Valid reasons for cancelling include but are not limited to: • any modification to or alterations from the
• i f you do not pay your premium or instalment manufacturers standard specification, including any
payment by the payment due date manufacturer or dealer fitted option, whether or not
performance is altered or any other changes which
• where we reasonably suspect fraud or could improve value, appearance, performance or
misrepresentation handling;
• if you do not provide us with information or • the condition of your motorcycle changes (if your
documentation we reasonably require motorcycle is covered on an agreed value basis)
• where you have not taken reasonable care to provide • you change the place where you usually keep your
complete and accurate answers motorcycle;
• where you or anyone else covered by the insurance • any rider develops a health condition which may
has not met the policy terms and conditions affect their riding;
• where a change in your circumstances means we • the mileometer on your motorcycle fails
can no longer provide cover for your motorcycle. (applicable only if you have submitted an annual
Carole Nash will work out any refund (if applicable) for the mileage declaration);
unused part of your premium. • you change your occupation.
Where we find evidence of fraud or deliberate • you change your address
misrepresentation we may void the policy back to the This is not a full list. If you are not sure whether to report
date when you first provided us with this information or any change, please speak to Carole Nash Insurance
the start of the policy. Where fraud is identified we will: Consultants Ltd. We may re-assess your cover and
• n ot return any premium paid by you premium as a result of any important information you
give and mid-term changes may be subject to additional
• recover from you any costs we’ve incurred
fees, as detailed in the Carole Nash Terms of Business
• pass details to fraud prevention and law enforcement document.
agencies who may access and use this information.
9 Carole Nash Insurance Consultants Ltd Carole Nash Insurance Consultants Ltd 10Legal Expenses Policy DISBURSEMENTS
Any sum spent by the legal representative on behalf of
PART 36 OFFER
Any offer made by an opponent to settle a claim which
TERRITORIAL LIMITS (UNINSURED LOSS RECOVERY
AND MOTOR PROSECUTION DEFENCE)
This insurance is arranged by Motorplus Limited t/a the insured person in respect of services supplied by a may or may not offer any admission of liability, which may The European Economic Area (the European Union plus
Coplus and underwritten by UK General Insurance Ltd third party, providing that: be made by either party at any time during the duration Iceland, Liechtenstein and Norway) and in addition the Isle of
on behalf of Great Lakes Insurance SE. Great Lakes of the claim and if it is to be accepted, must be agreed Man, Jersey, Guernsey, Albania, Andorra, Bosnia Herzegovina,
Insurance SE is a German insurance company with its a) the insured person received the services;
within 21 days of the offer being made. Such an offer has FYR Macedonia, Monaco, Montenegro, San Marino, Serbia,
headquarters at Königinstrasse 107, 80802 Munich. UK b) the insured person was responsible for paying the third the potential to cause the insured person to pay part Switzerland and the European part of Turkey.
Branch office: Plantation Place, 30 Fenchurch Street, party for the services; of their opponent’s costs should the insured person
London, EC3M 3AJ. reject an offer, continue with the legal proceedings and UNINSURED LOSS(ES)
c) the insured person knew that the services were being
Motorplus Limited t/a Coplus and UK General Insurance subsequently fail to obtain more than they were offered by Any loss directly arising from the insured incident in
provided by a third party;
Limited are authorised and regulated by the Financial the opponent, or should they accept outside the 21 day question that is not covered by any other insurance policy.
Conduct Authority. d) the services were in addition to and distinct from the period. This includes offers made under Part 36 of the Civil TERRORISM
Great Lakes Insurance SE, UK Branch, is authorised by services supplied by the legal representative to the Procedure Rules 1998.
insured person on their own account; and Any direct or indirect consequence of terrorism as
Bundesanstalt für Finanzdienstleistungsaufsicht and
POLICY defined by the Terrorism Act 2000 and any amending or
subject to limited regulation by the Financial Conduct e) we have agreed the amount to be paid in advance of
This before-the-event legal expenses policy providing cover substituting legislation.
Authority and Prudential Regulation Authority. Details the third party being instructed.
about the extent of their regulation by the Financial for adverse costs and fees and expenses, together with VEHICLE
Conduct Authority and Prudential Regulation Authority Disbursements may include, for example, barrister’s fees the Policy Schedule and any endorsement which attaches
The vehicle specified in the Motor Insurance Policy,
are available from https://register.fca.org.uk/ or by (provided that the barrister is not acting under a conditional to it.
which was being driven or ridden by a person entitled to
contacting 0800 111 6768. fee agreement) or expert’s report fees.
PROPORTIONATE MANNER drive or ride under the Motor Insurance Policy, together
DEFINITIONS FEES AND EXPENSES In determining whether a claim can be pursued in a with any trailer attached to such vehicle at the time of the
The following words or phrases have the meanings given Any professional fees reasonably incurred by the legal ‘proportionate manner’ the factors we will take into insured incident.
below whenever they appear in the Legal Expenses policy representative in pursuit of the claim together with any account in assessing whether those costs are reasonable WE, OUR, US
wording. These will be shown in bold. disbursements that they incur or pay, including, where include but are not limited to:
MotorPlus Limited an insurance intermediary who is
appropriate, Value Added Tax. For the purposes of this
ADVERSE COSTS • t he prospects of success and the likely costs of authorised to manage claims on behalf of the Insurer.
definition, “reasonably incurred” shall mean costs that are pursuing the claim;
Any legal costs (including profit costs, disbursements, deemed by a court to be reasonable. YOU, YOUR, YOURSELF, INSURED PERSON
VAT and interest) which the insured person pays the • the amount claimed and the amount that is likely to
INSURER be recovered; The named holder of this policy who lives in the United Kingdom
opponent by order of the court or with our prior written together with any other person who is entitled to drive or ride
agreement. these may include, for example, the opponent’s UK General Insurance Limited, who is an insurers’ agent • the amount of adverse costs that we would be
and in the matters of a claim, act on behalf of Great the vehicle under the Motor Insurance Policy (including any
solicitor’s fees, barrister’s fees and/or expert’s fees. likely to pay if the claim was unsuccessful;
Lakes Insurance SE. other person who is a passenger/pillion in the vehicle).
• the prospects of enforcing a judgment or agreement; and
APPROVAL, APPROVE(D), APPROVING
Section 1
LEGAL REPRESENTATIVE • the circumstances of the insured incident, including
The act of us agreeing in writing to provide indemnity in
Any appropriately qualified person (or company or firm) the conduct of the insured person.
accordance with the terms of this policy.
CONSENT
who has been approved by us to represent an insured REASONABLE PROSPECTS UNINSURED LOSS RECOVERY
person in pursuit of a claim against an opponent. “the ‘Reasonable prospects’ means we deem there is a We will pay the costs for adverse costs and fees and
Our written agreement to a particular course of action legal representative” is a reference to the specific legal 51% or greater chance that you will be successful in your expenses for you to take legal action as a result of any
(such as settling a claim). representative who acts in a particular claim. pursuit of legal proceedings. This means that you have a road traffic accident being the fault of the opponent
COSTS MOTOR INSURANCE POLICY greater chance of winning than losing. occurring within the territorial limits and during the
Under this policy we will pay the following The policy of motor insurance for your vehicle which has SMALL CLAIMS TRACK LIMIT cover period which covers the following:
been issued in accordance with the requirements of the If you are resident in England or Wales, the most you can • damage to the insured vehicle; or
a) the professional fees and expenses reasonably and
Road Traffic Act 1988. claim in the small claims track of the county court in • damage to any personal belongings within or on the
properly charged by the legal representative, up to
the standard rates set by the courts. OPPONENT(S) England and Wales, small claims track limit being any insured vehicle; or
claims under £10,000 or where you are pursuing a claim • your death or bodily injury while you are travelling
b) y
our opponents costs which you are ordered to pay The third party responsible for the accident or collision
for personal injury any claim under £1,000 in or on, or getting into or out of or on or off the
by a court, the most we will pay for all claims arising out which has given rise to an Insured event under this policy
and against whom the insured person wishes to bring insured vehicle; or
of one event is £100,000. TERRITORIAL LIMITS (MOTOR CONTRACT COVER)
a claim. Proceedings may not be issued against us, the The Territorial limit is Great Britain, Northern Ireland, The • any other uninsured losses that you sustain;
COVER PERIOD insurer or your insurance broker or agent, nor may Channel Islands and the Isle of Man. We will provide this cover as long as:
The period shown in lower insurance current Certificate of proceedings be issued against an employer where you are
Motor Insurance. • y our claim has reasonable prospects of success;
the employer and the driver is your employee.
• the claim can be pursued in a proportionate
DAMAGES manner;
Any sum that a court says your opponent must pay or • the accident happened within the territorial limit
money your opponent agrees to pay to settle your and within the period of insurance;
claim.
11 Carole Nash Insurance Consultants Ltd Carole Nash Insurance Consultants Ltd 12• t he incident was the fault of the opponent. • p rovide promptly any other supporting information • a ny offence which would be covered under Uninsured behalf, knowing the statement to be false;
• you do not deliberately mislead us or the legal we or the legal representative ask for; Loss Recovery, Section 1; −−sends us or anyone acting on our behalf a
representative or exaggerate the claim or bring • keep us and the legal representative informed of • where you qualify for legal aid; document, knowing the document to be forged or
any false or contrived claims; any matters that might affect the chances of success • fines, penalties, or compensation orders, or false;
• we have given written approval to pursuing a claim in the claim, the amount of damages that are likely to applications for judicial review. −−makes a claim under the policy, knowing the claim
prior to you commencing any legal proceedings or be recovered, or the amount of the costs of the claim; to be false or fraudulent in any way; or
making an appeal;
• you follow our or the legal representative’s
• keep us informed (or ask the legal representative
to keep us informed), particularly if any offers have SECTION 3 −−makes a claim for any loss or damage you caused
deliberately or with your knowledge.
been made;
advice and provide any information they ask for; MOTOR CONTRACT COVER If your claim is in any way dishonest or exaggerated then
• your legal representative follows the • get our written consent before any Part 36 Offer we will not pay any benefit under this policy or return
We will pay the costs of you taking or defending legal action
requirements set out in the ”your legal or other offer of settlement is accepted or rejected; any premium to you and we may cancel your policy
as a result of any action arising from a contract you have to:
representative must do the following’ section • get our written consent before any claim is immediately and backdate the cancellation to the date
below. discontinued; uy, hire or sell the insured vehicle or its spare parts
• b of the fraudulent claim. We may also take legal action
or accessories; or against you and inform the appropriate authorities
We will not cover: • take reasonable steps to keep all costs, fees and
expenses as low as possible; • service, repair or test the insured vehicle. • any claim that is not notified to us as soon as is
• a dverse costs and fees and expenses you have
paid directly to the legal representative or any • attend court or go to any expert examination when We will provide cover as long as; reasonably possible after the date of event when
other person without our prior written approval; asked to do so; the claim may be prejudiced by late notification.
• y ou entered into the contract within the territorial
• any claim resulting from a road traffic accident not • act upon any order for costs promptly; limits; • any claim arising out of an insured person’s alleged
covered by the Motor Insurance Policy. dishonesty or violent conduct.
• not do anything to impede any negotiations about • the dispute first arose within the cover period;
• any legal action brought against you; costs or any assessment of costs; • any claim arising out of an insured person’s alleged
• any legal action is brought within the territorial
use of drugs or alcohol.
• any claim where you intend to represent yourself • provide us with access to your legal limit; and
(known as a litigant-in-person) unless: representative and authorise them to keep us • disputes arising, from or relating to:
• after taking into account the view of your legal
informed of the progress of the claim and any other representative, in our opinion you are more likely −− criminal prosecutions or family proceedings,
• we have given prior written approval; or
relevant matters; to succeed than not when recovering damages, the exclusion for cover in respect of criminal
• the claim is allocated to the small claims track and prosecutions shall not apply if you are making a
• allow us to have any legal bill audited or assessed. defending the legal action or settling the dispute in
has been accepted by us claim for motor criminal prosecutions, under section
another way.
• any claim which you settle or discontinue without SETTLING CLAIMS IN PARTICULAR 2 Motor Prosecution Defence of this policy;
our consent; CIRCUMSTANCES We will not provide cover for the following;
−− judicial review or applications for judicial review;
• any costs, fees or expenses incurred after you We have the right to: • t he first £100 of every claim under this section:
−− enforcement proceedings;
have rejected our or the legal representative’s • any event which occurs within the first three months
advice to settle or discontinue a claim; • settle a claim by paying the amount in dispute; −− the terms and conditions of this policy, including
of this policy, unless the claim is for new goods or
• settle the costs covered by this policy if there is no alleged rights of a person other than you to
• any fines, penalties or damages you are ordered to services bought after the start of this policy:
other way of getting these costs back; enforce the terms of this policy. For the avoidance
pay by a court or similar authority; • any contract where the amount in dispute is less than: of doubt no person other than those defined
• disputes arising from parking offences; • £1000 for buying, selling or hiring the insured vehicle; under the definition of insured person above
• any claim where the opponent cannot be traced or Section 2 or shall be entitle to claim against this policy;
identified, or is not insured for the risks of a claim; • £250 for servicing, repairing or testing the insured • any adverse costs or fees and expenses in any
MOTOR PROSECUTION DEFENCE vehicle; claim where those costs are covered by another
• any claims where you have instructed the legal
We will pay the costs of defending your legal rights insurance policy or similar scheme including cover
representative to stop acting on your behalf or • a dispute over the amount of money or other
where the legal representative has refused to (including making an appeal against your conviction arising by virtue of an insured person’s trade union
compensation due under an insurance policy;
continue to represent you; or sentence) after any event which results in criminal membership.
proceedings being brought against you for an offence • a dispute which arises following your deliberate
• any costs, fees or expenses following you breach of a contract. • any legal liability directly or indirectly caused to or
relating to your ownership or use of the insured vehicle. contributed to by or arising from:
breaching the terms of this policy (see ‘you must do
the following’ below); Pleas in mitigation are covered where there is a reasonable EXCLUSIONS THAT APPLY TO ALL OF THE −− loss or damage caused by Irradiation, or
• any costs awarded by the court as a result of your prospect of such a plea materially affecting the likely outcome. LEGAL EXPENSES POLICY contamination by nuclear material; or the
unreasonable behaviour or that of your legal The following exclusions apply: radioactive, toxic, explosive or other hazardous
We will provide cover as long as: or contaminating properties of any radioactive
representative; Fraudulent Claims:
• the proceedings arise from an event that occurred within matter; or any device or weapon which employs
• where you have disregarded our advice to accept a the territorial limits and within the cover period; You must not act in a fraudulent way. If you or anyone atomic or nuclear fission or fusion or other
Part 36 Offer to settle a claim; acting for you: comparable reaction or radioactive force or matter
• the proceedings will be decided by a court within the
• where we have advised the insured person that territorial limits; −−fails to reveal or hides a fact likely to influence −− Loss or damage caused by war, invasion, foreign
their claim would be best settled by other means whether we accept your proposal, your renewal, or enemy hostilities (whether war is declared or not),
than the issue of legal proceedings in a court of law We will not provide cover for the following; any adjustment to your policy; civil war, terrorism, rebellion, revolution, military
within the United Kingdom. • p arking offences for which you do not receive −−fails to reveal or hides a fact likely to influence the force or coup, or confiscation, nationalisation,
You must do the following - failure to do so will result in cover penalty points against your licence; cover we provide; requisition, destruction of or damage to property
being withdrawn for adverse costs, fees and expenses: • driving or riding without valid motor insurance; −−makes a statement to us or anyone acting on our by or under the order of any government, local or
13 Carole Nash Insurance Consultants Ltd Carole Nash Insurance Consultants Ltd 14public authority considered to have provided express consent to us details. Your motorcycle as described in your current Certificate
• a ny damage directly occasioned by pressure waves or our appointed agent to access the file for of Motor Insurance.
caused by aircraft and other aerial devices travelling auditing, quality and cost control purposes. MAKING A CLAIM
The insured vehicle must be no more than:
at sonic or supersonic speeds • Arbitration The claims procedure outlined below is administered by
Motorplus Limited If you need to make a claim under • 3.5 tonnes when fully loaded;
• claims in respect of damage or losses arising from −− If there is a dispute between you and us, or you
races, rallies or competitions, or claims where the and the insurer, which arises from this insurance, section 2 or 3 please call 0333 241 9567. • 5.5 metres (18 feet) long; or
vehicle has not been maintained in accordance you can make a complaint to us in accordance If you need to make a claim under Section 1, please • 2.3 metres (7 feet 6 inches) wide.
with the manufacturer’s recommendations and/or with the complaints process which can be found contact Carole Nash Insurance Consultants Ltd on 0800 This also includes any caravan or trailer attached to your
instructions - including servicing and vehicle faults. on page 19. If we, or the insurer, are not able to 298 5533. motor vehicle (as long as it is no longer than 7.6 metres
• claims in excess of the limit of indemnity of £100,000 resolve the matter satisfactorily and the matter can
be dealt with by the Financial Ombudsman Service, Carole Nash Insurance Consultants Ltd will pass the details of (25 feet) long, including the towbar).
for any one claim.
you can ask them to arbitrate in the matter. your claim on to a solicitor. PERIOD OF INSURANCE
CONDITIONS THAT APPLY TO ALL OF THE −− If the matter cannot be dealt with by the Financial LEGAL HELPLINE The period shown in your current Certificate of Motor
LEGAL EXPENSES POLICY Ombudsman Service, it can be referred to Insurance.
arbitration by a single arbitrator who will be Carole Nash Legal Expenses includes access to Legal
• Legal Representative
agreed by both you and us. The arbitration shall Helpline to give advice, 24 hours a day, 365 days a year,on YOU, YOUR
−− Before legal proceedings are issued, a any personal legal matter. We may record the calls to
representative from our panel will be appointed to be in accordance with the Arbitration Act 1996 Any person named in your current Certificate of Motor
and any amending or substituting legislation and protect you. Insurance or any person authorised to ride or be a
act for you to pursue, defend or settle any claim
we have accepted in accordance with the terms will be binding on both parties. The costs of the Legal Helpline Tel. No. 0333 241 9567. We agree to cover passenger in, or on, the insured vehicle
and conditions of this policy; arbitration shall be at the discretion of the you under the terms and conditions of this policy.
arbitrator. TERRITORIAL LIMIT
−− Should legal proceedings need to be issued or
have been issued against you, or where there is −− If we are not able to agree on the appointment PRIVACY POLICY The territorial limit is Great Britain, Northern Ireland,
a conflict of interest, you can choose a non-panel of an arbitrator, we shall ask the President of the For full details of how we protect your privacy and the Channel Islands and the Isle of Man.
solicitor of your choosing. You must inform Chartered Institute of Arbitrators to decide. Their process your data please read the Privacy Statement that
decision will be final and binding on both parties. WE, US, OUR
us in writing of the full name and address of the accompanies this policy. The Privacy Statement can also
• Statutory Regulations Inter Partner Assistance SA and AXA Assistance (UK) Ltd
representative you want to act for you. be viewed online by visiting
both of The Quadrangle, 106-118 Station Road, Redhill,
−− If there is any dispute over your choice of solicitor −− In all matters relating to the performance of this www.coplus.co.uk/data-privacy-notice.
Surrey RH1 1PR, UK.
you will be asked to nominate an alternative. If, insurance contract, it is the responsibility of both
after having done so, we are still not able to agree,
you may escalate the matter in accordance with
you and us that we both respectively comply
with all Acts of Parliament and with all orders, UK Breakdown YOU, YOUR
The person named in your current Certificate of Motor
the Arbitration condition of this policy. Until the
complaint has been resolved, or until such time
regulations and bylaws made with statutory
authority by Government Departments or by
Recovery Policy Insurance and any person authorised to ride or be a
passenger on the insured vehicle.
as an arbitrator has reached a decision, we shall be local or other authorities. The cost of meeting the UK roadside assistance and vehicle recovery is underwritten
entitled to appoint a legal representative from our requirements of this clause will be payable by you by Inter Partner Assistance (IPA) which is fully owned by the
panel in order to protect your interests in any legal
proceedings.
and us in our own rights respectively. AXA Assistance Group. Inter Partner Assistance is a Belgian
firm authorised by the National Bank of Belgium and subject
Section 4
• Proportionality
−− If you do select to appoint your own solicitor, this −− Where an award of damages is the only legal to limited regulation by the Financial Conduct Authority. UK ASSISTANCE
insurance will not cover expenses over and above remedy to a dispute and the cost of pursuing civil Details about the extent of its regulation by the Financial
WHAT IS COVERED UNDER SECTION 4
the costs that our panel would charge in proceedings is likely to exceed the value of any Conduct Authority are available from us by request. Inter
equivalent circumstances. For your information, Partner Assistance SA firm register number is 202664. You HOME AND ROADSIDE ASSISTANCE
such award of damages, the most the insurer
this means that we would take into account the will pay in respect of legal costs is the value of can check this on the Financial Services Register by visiting We will come out to the insured vehicle if you can’t ride
seriousness of the claim and the location and class the likely award of damages. the website www.fca.org.uk/register. it after a breakdown, accident, or an act of vandalism
of solicitor that you choose. The hourly rate is within the territorial limit and within the period of
• Severability AXA Assistance (UK) Limited operates the 24-hour
currently set at £125 + VAT. We reserve the right insurance.
to assess each case on its merits, and may agree to −− If any term of this contract of insurance is to any motoring assistance helpline
pay additional fees if we feel the situation warrants extent invalid, illegal or incapable of being We will try to repair the insured vehicle at the roadside.
it. This will remain entirely at our discretion; enforced, such term will be excluded to the extent DEFINITIONS The repair work will be free of charge, for up to one hour,
of such invalidity, illegality or unenforceability; all The following words or phrases have the meanings given but you must pay the cost of any parts, fuel or other
−− The legal representative or solicitor of your
choosing will have direct contact with us and other terms will remain in full force and effect. below whenever they appear in the UK Breakdown policy supplies used to repair the insured vehicle.
must fully cooperate with us at all times, and you • Acts of Parliament wording. These will be shown in bold.
If we have to make a forced entry to the insured
must cooperate with your representative, −− All references to Acts of Parliament in this policy BREAKDOWN vehicle because you are locked out or have lost your
providing all necessary information and assistance shall include the equivalent laws in Scotland, keys, you must sign a declaration, saying that you will be
to them as required; Where the insured vehicle cannot be driven due to an
Northern Ireland, the Isle of Man and the Channel responsible for the damage.
electrical or mechanical fault, the theft or loss of keys, a
−− Any solicitor that you appoint must sign our Islands and shall include any subsequent
flat tyre, or running out of fuel. If we cannot repair the insured vehicle at the roadside
standard terms of appointment and adhere to all amendments, re-enactments or regulations.
of its terms. You agree to us having access to the and it cannot be repaired the same day at a local garage
INSURED VEHICLE
legal representative’s or solicitor’s (as the case may CANCELLATION RIGHT after being recovered by us, we will arrange and pay for
be) file relating to your claim. You will be Please refer to the main cancellation section on page 8 for
15 Carole Nash Insurance Consultants Ltd Carole Nash Insurance Consultants Ltd 16You can also read
