| UNDERSTANDING YOUR POLICY
Please read this policy carefully and
make sure You understand and fully comply with its terms and
conditions, failure to do so may jeopardise the payment of
any claim which might arise and could lead to the policy
becoming void. Please ensure You keep it in a safe place so
You can read it again if You need to.
The Policy
We will provide the insurance as stated in this policy. Your
Proposal/policy schedule, which includes the signed
declaration and the undertaking to pay the premium, is the
basis of the contract and forms part of the policy. This
policy contains details of the insurance cover You have
bought, what is excluded from the cover and the conditions
of this insurance.
This Policy is not transferable.
Contract of Insurance
This policy is evidence of a contract of insurance. This
policy will only become effective when We have received
payment in full and received and accepted Your
Proposal/policy Schedule.
The Proposal/policy Schedule
This must be kept with the policy booklet, and contains Your
details, details of the vehicle and the period of Insurance.
Please check that the information contained in the
Proposal/policy Schedule is correct and that it meets Your
requirements. If it does not, please contact the introducer
who arranged this insurance for You or the Administrator.
Eligibility
You can apply for this policy if at the date of commencement
of the Period of Insurance:-
- Your vehicle is under 7 years
old.
- Your vehicle has covered less
than 80,000 miles
- Your vehicle has a value less
than that stated as the maximum vehicle value stated in
the Proposal/policy Schedule at the time of purchase.
- You are the owner of the vehicle
- You are the insured person and
named as the policyholder in the Motor Insurance policy
for the vehicle.
- You are named as the customer in
the finance agreement on the vehicle
Legal Rights
This insurance is in addition to Your legal rights and is
not to be substituted for the suppliers liability if the
Vehicle is found to be unfit for the purpose for which it
was intended, or is not as described or is not of
satisfactory quality.
DEFINITIONS
Any word or expression to which a specific meaning has been
attached will bear the same meaning throughout this
insurance and will appear with a capital letter.
- We/Us/Our Hitachi Capital
Insurance Europe Limited whose registered office is at
4th Floor, Marsh House, 25-28 Adelaide Road, Dublin 2,
Republic Of Ireland. Registered in the Republic Of
Ireland, company registration number: 156701
- You/Your/Yourself means the
person named in the Proposal/policy Schedule and must be
the person who is named in the finance agreement for the
vehicle.
- Vehicle means only the vehicle as
identified in the Proposal/policy Schedule for private
use (excluding taxis, private hire, courier services,
haulage, or transportation of goods and motor cycles)
for use on the public highway and designed to carry no
more than eight people including the driver or small
commercial vehicle of less than 3500kg gross weight. The
following makes of vehicle are excluded; Aston Martin,
Bentley, Bristol, Cosworth, De Tomaso, Dorchester,
Ferrari, Fiat Croma, Ginetta, Lamborghini, Lancia,
Maserati, Rolls Royce, any American make of vehicle
(excluding Chrysler) and all grey imported vehicles.
- Total Loss / Write Off – when the
Vehicle is either stolen and not recovered or is deemed
beyond economical or constructive repair by Your Motor
Insurance Policy underwriter, following material damage
or fire.
- Administrator AutoProtect (MBI)
Limited, Cambridge House, Cambridge Road, Harlow CM20
2EQ, Telephone: 0870 766 6667.
- Introducer means the party,
person or company who has arranged this insurance on
Your behalf.
- Proposal/policy Schedule means
any signed proposal and declaration together with any
additional information You may have supplied to Us in
support of Your application for Insurance.
- Period of Insurance means the
dates shown in the Proposal/policy Schedule.
- Sum Insured, is the maximum
amount that can be claimed in total during the Period of
Insurance.
- Geographical Limits means the
area in which this policy is effective and are Great
Britain, Northern Ireland, the Isle Of Man, the Channel
Islands, member countries of the European Community and
any other country for which an international motor
insurance card(“Green Card”) in respect of the Vehicle
is effective at Date Of Loss
- Claims Office means the office
which deals with claims matters arising from this
policy.
- Date of Loss means the date of
the incident to the vehicle in respect of which a Total
Loss is subsequently paid under Your Motor Insurance
Policy.
- Insured Value means the amount
You received under the Motor Insurance policy in respect
of the Vehicle as a result of a Total Loss or the Market
Value of the vehicle
- Market Value is based on that
listed in Glass’s Guide for a vehicle of the same Make,
Model trim level, recorded mileage and overall
condition. We reserve the right to have an independent
valuation undertaken should the specification not be
available within Glass’s Guide or it is suspected that
the condition of the Vehicle is such that this would
affect the Guide value. There will be no value allowance
for non-standard fittings, other than a reduction should
any non-standard fittings be considered to have a
detrimental effect on retail prospects and/or value.
Glass’s Guide is a motor trade publication recognised
and used extensively throughout the motor vehicle
industry to value used vehicles
- Motor Insurance policy means a
Comprehensive policy of motor insurance which covers the
Vehicle in respect of damage, fire and theft, and which
is maintained in Your name throughout the Period of
Insurance.
WHAT IS COVERED
If within the Period of Insurance an incident occurs which
results in the Insured Vehicle being classed as a Total Loss
by the Motor Insurance Policy underwriter, We will pay the
financial shortfall between the amount You receive from your
Motor Insurance Policy and the amount You require to settle
Your finance agreement, for the purchase of Your Vehicle, up
to the sum Insured in the event of Your Vehicle being a
Total Loss following an incident during the Period of
Insurance occurring whilst Your Vehicle is in the
Geographical Limits. Only one claim can be made under this
policy during the Period of Insurance.
POLICY LIMITS
Sum Insured
The amount stated in Your
Proposal/Policy Schedule
WHAT IS NOT COVERED
- Vehicles
1.1 which have been modified in any
way from the manufacturer’s specification, or
1.2 are owned temporarily or
otherwise (resulting from trade-in or acquisition for the
purposes of resale) by a business formed for the purposes of
selling or servicing motor vehicles, or
1.3 used for competition, racing,
pace making, hire or reward, off road use (including all
Quad Bikes), driving school, transportation of goods,
delivery courier, or designed to carry more than 8 people
including the driver, or
1.4 over 3500kg gross weight.
1.5 The following makes of vehicle
are excluded Aston Martin, Bentley, Bristol, Cosworth, De
Tomaso, Dorchester, Ferrari, Fiat Croma, Ginetta,
Lamborghini, Lancia, Maserati, Rolls Royce, any American
make of vehicle (excluding Chrysler) and all grey imported
vehicles
2.0 Any Total Loss
2.1 where the Total Loss occurred
before the inception of this insurance
2.2 loss of whatsoever nature arising
directly or indirectly, in whole or in part, due to any act
or omission which is wilful, unlawful or negligent on Your
or the driver of the Vehicle’s part. Any liability directly
or indirectly caused by or contributed to by or arising
from:
· Ionising radiations or
contamination by radioactivity from any irradiated nuclear
fuel or from any nuclear waste from the combustion of
nuclear fuel
· The radioactive toxic
explosive or other hazardous properties of any explosive
nuclear assembly or of its nuclear component.
2.3 Any loss, damage or liability
occasioned by or happening through war, invasion, act of
foreign enemy hostilities (whether war is declared or not)
civil war, rebellion, revolution, insurrection or military
or usurped power
2.4 Any Loss, damage, liability or
bodily injury arising directly or indirectly from pollution
or contamination.
2.5 Any Loss, damage or cost or
expenses of whatsoever nature directly or indirectly caused
or occasioned by or happening through or in consequence of
terrorism or any action taken in controlling preventing or
suppressing any acts of terrorism or in any way relating
thereto.
2.6 Any excess on Your Motor
Insurance Policy.
For the purpose of this exclusion
‘terrorism’ means the use of biological, chemical and/or
nuclear force or contamination and/or threat thereof by any
person of group of persons whether acting alone or on behalf
of or in connection with any organisation (s) or government
(s) committed for political, religious, ideological or
similar purposes including the intention to influence any
government and/or to put the public or any section of the
public in fear. However losses caused by or resulting from
riot, riot attending a strike, civil commotion and malicious
damage are not excluded hereunder
3.0 Any malicious damage claim which
is not accompanied by a valid and substantiated crime
reference number
4.0 VAT where You are VAT registered.
5.0 Any costs incurred in excess or
outside
6.0 If the Vehicle is stolen by any
person having access to the keys of the Vehicle
7.0 Any Total Loss which is not
subject of an indemnity under the accidental damage, fire or
theft sections of a Motor Insurance Policy
8.0 Any Total Loss by accident where
the driver of the Vehicle is under the influence of alcohol,
drugs not prescribed by a registered medical practitioner or
drugs prescribed by a registered medical practitioner where
a warning against driving has been given.
9.0 Additional costs within the
finance settlement for anything other than the purchase of
your vehicle. This includes but is not limited to motor
insurance, warranty, payment protection, recovery,
administration charges, balloon payments, option to purchase
charges, late payment charges and arrears, early settlement
charges etc.
10 If any misrepresentation or
concealment is made by or on Your behalf in support of
obtaining the policy or any claim on Your policy
11 Any Loss to additional purchases
at the time of purchase of the vehicle including but not
limited to Road Fund Licence, insurance premiums including
this policy, optional extras, car mats, CD players etc. as
these will be taken into account in Your insured Value.
12 Any finance carried across onto
Your Vehicle from previous finance arrangements.
GENERAL CONDITIONS
You must comply with the following conditions to have the
full protection of Your policy. If you do not comply with
them We may at Our option cancel the policy or refuse to
deal with Your claim or reduce the amount of any claim
payment.
1 Duty of Care You must not
continue to drive the Vehicle after any damage or incident
if this could cause further damage to Your Vehicle.
2 Eligibility for Cover You can
apply for cover under this policy if at inception
- Your Vehicle is under 7 years old
- Your Vehicle has covered less
than 80,000 miles
- Your Vehicle has a value less
than that stated as the maximum vehicle value in
- Your Proposal/policy Schedule at
the time of purchase
- The term of finance on the
Vehicle is less than or equal to 60 months,
3 Fraud
You must not act in a fraudulent
manner. If You, or anyone acting for You,
- Make a claim under the policy
knowing the claim to be false, or fraudulently
exaggerated in any respect; or
- Make a statement in support of a
claim, knowing the statement to be false in any respect;
or
- Submit a document in support of a
claim, knowing the document to be forged or false in any
respect; or
- Make a claim in respect of any
loss or damage caused by Your wilful act, or with Your
connivance,
Then:
- We shall not pay the claim
- We shall not pay any other claim
which has been made or will be made under the policy
- We may at out option declare the
policy void
- We shall be entitled to recover
from You the amount of any claim already paid under the
policy
- We shall not make any return of
premium
- We may inform the police of the
circumstances the liability under this 4.
Cancellation
We may cancel this policy by sending 14 days’ notice in
writing direct to You by recorded delivery to Your last
known address. If there has been no claim (or claim pending)
during the current Period of Insurance We will calculate the
premium for the period You have been insured and refund any
balance. If a claim has been submitted during the current
Period of Insurance no refund will be given. You may cancel
this policy by sending 14 days’ notice in writing to the
Administrator by recorded delivery. If You cancel this
policy there is no refund.
Duty of Disclosure
The policy has been issued based upon information, which You
have given to Us about Yourself, and Your Vehicle. You have
a duty to tell Us immediately of any changes to this
information in particular any of the following: change of
address, or use of the Vehicle e.g. being used for private
hire, failure to do so may invalidate Your cover under this
policy. We will then advise You of any changes in terms.
The Law Applicable to this Policy
You are free to choose the law applicable to this policy.
Your policy will be governed by the law of England and Wales
unless You and We have agreed otherwise.
CLAIMS CONDITIONS
You must comply with the following conditions to have the
full protection of Your policy. If You do not comply with
them, We may at Our option cancel the policy or refuse to
deal with Your claim or reduce the amount of the claims
payment.
Making a Claim
All claims MUST be made within thirty
days of the Total Loss occurring. Contact the Claims Office,
The claim notification telephone number is 0870 770 2869
- Protect the Damaged Vehicle
You must take all reasonable steps to
safeguard the Vehicle in the event of any damage occurring
to Your Vehicle
- Malicious Damage and Theft
In the case of malicious damage You
must report the incident to the Police and advise Us of Your
valid crime reference number
A detailed claims procedure is given
in this policy. You must follow this procedure, failure to
do so may result in non-payment of your claim.
We accept no liability for the
responsible disposal of Your Vehicle or it’s salvage in any
event.
At notification of any claim We
reserve the right to instruct an Independent Engineer to
inspect Your Vehicle before authorising any claim. Any
decision on liability will be withheld until this report is
received. When this right is exercised We shall have no
liability for any loss to You arising from any possible
delay.
We may at Our sole option take any
steps in Your name against any person including but not
limited to Your Motor Insurance policy insurer to recover
any money We pay in settlement of Your claim. You must give
Us all assistance necessary. We may also at Our option take
over negotiations with Your Motor Insurance policy insurer
with respect to Your Total Loss claim.
If You accept an offer of settlement
in respect of a Total Loss from Your Motor Insurance policy
of less than the market value of Your Vehicle We will settle
Your claim using the Market Value, the Market Value of Your
Vehicle We will settle Your claim using the Market Value.
`HOW TO MAKE A CLAIM
If Total Loss occurs please help the
Claims Office by reporting Your claim according to the
following procedure.
Contact the Claims Office
The claim notification telephone
number is 0870 770 2869
For Claims Authorisation, You
must:
Advise Your policy number and Vehicle
details
Advise the cause of Total Loss
Provide an itemised repair/replacement
cost estimate and a fully completed claim form
Payment
No benefit shall become payable under
this policy until We have received proof to Our satisfaction
of:-
· Payment of the appropriate
premium in respect of the policy
· The payment of the claim for
Total Loss under the Motor Insurance policy
· Evidence of the Total Loss
and the insured Value as at the Date of Loss
· Your policy number and
Vehicle details
· Cause of Total Loss
· A Valid crime reference
number in the case of malicious damage or theft
· Your contact and payment
details for reimbursement
· Details of the outstanding
finance arrangement including the outstanding balance,
remaining term, interest charges.
· Your Original invoice
detailing purchase price etc
· Any other evidence which may
be reasonably required by Us.
· If You accept an offer of
settlement in respect of a Total Loss from Your Motor
Insurance policy of less than the Market Value of Your
Vehicle We will settle Your claim using the Market Value.
OUR PROMISE OF GOOD SERVICE
Any enquiry or complaint that You may have regarding this
policy should in the first instance be addressed to:
AutoProtect (MBI) Limited, Cambridge House, Cambridge Road,
Harlow, CM20 2EQ, Telephone 0870 766 6667. Please quote the
details of this insurance and in particular Your policy
number to help Your enquiry to be dealt with promptly. If
Your complaint is one of the few that cannot be resolved by
this stage, You should write to The Operations Manager,
Hitachi Capital Insurance Europe Limited, Ground Floor,
Techno Centre, Station Road, Horsforth, Leeds, LS18 5BJ. If
You are still not satisfied with the way We have dealt with
Your question or complaint, You should write to: The
Managing Director, C/O Hitachi Credit Insurance Europe
Limited, Ground Floor, Techno Centre, Station Road,
Horsforth, Leeds, LS18 5BJ who will arrange for an
investigation to be carried out into Your complaint. In the
unlikely event that the matter is still not sorted out, Your
complaint can be referred to the Financial Ombudsman
Service. The address of the Financial Ombudsman Service (and
an explanatory leaflet about their services) will be
provided at the appropriate stage of the complaints process.
Please note You have six months from the date of Our final
response in which to refer Your complaint to the Ombudsman.
Referral to the Ombudsman will not affect Your right to take
legal action against Us. None of the above affects any right
of legal action You may have.
GAP Helpline:
0870 770 2869
This scheme is administered by
AutoProtect (MBI) Limited on Our behalf
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