|
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.
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.
This policy is not transferable.
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:-
-
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.
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
-
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 and the telephone number detailed in the
policy schedule.
-
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 purchase price of the vehicle, as
confirmed in the invoice of sale, 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 the liability
under this insurance including and form of consequential loss.
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 or 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.
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
-
You are the owner of the vehicle
-
You are the insured person and named as the insured in the
Motor Insurance policy for the Vehicle
-
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
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.
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
-
Claims Procedure
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.
-
Salvage
We accept no liability for the responsible disposal of Your
Vehicle or it’s salvage in any event.
-
Use of Engineers
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.
-
Subrogation
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.
-
Offer of Settlement
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.
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.
RTI Helpline:
0870 770 2869
This scheme is administered by AutoProtect (MBI) Limited on Our
behalf
|
