car insurance policy Important document IPS

Transcription

1 car insurance policy Important document IPS

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3 finding your way around your policy Questions that are often asked and where to find the answers. Accidents What do I do if I have an accident or if my car is stolen? Phone local rate Cancellation Can I cancel the policy? Page 18 Telephones Are they covered? Page 8 Car off the road Can I suspend the policy? Page 17 Changes What do I do if I change my car? Page 17 What other changes do I have to tell you about? Page 17 Claims How do I make a claim? Phone local rate How do I get my car repaired? Page 10 Complaints and enquiries What do I do if I have a complaint? Page 25 Cover What cover do I have? Page 5 Drivers Who is allowed to drive my car? See your Certificate of Motor Insurance and Schedule Am I covered to drive other cars? Excesses What will I have to pay? See your Certificate of Motor Insurance See your Schedule In-car audio equipment What is the limit of cover? Page 8 Travelling abroad Am I covered while driving my car abroad? Page 13 What am I covered for when driving abroad? Page 13 Claims Legal Assistance Service Do I have legal assistance cover? See your Schedule car insurance policy 1

4 contents Finding your way around your policy Commonly-asked questions and where to find their answers 1 Welcome to Lloyds TSB Insurance 3 Your car, our promise 3 Definitions 4 Your policy 5 Section 1 Liability to other people 6 Section 2 Fire and theft 8 Section 3 Windscreen damage 9 Section 4 Damage to your car 9 Conditions which apply to sections 2, 3 and 4 10 Exceptions which apply to sections 2, 3 and 4 10 Section 5 Extra cover 11 Section 6 Territorial limits 13 Section 7 No Claim Discount 14 General exceptions which apply to all sections 14 General conditions which apply to all sections 16 Welcome to Lloyds TSB Insurance (CLAS) 19 CLAS Claims Legal Assistance Service 20 Exceptions which apply to CLAS 21 Conditions which apply to CLAS 22 How to make a complaint 25 Useful phone numbers Back Page 2 car insurance policy

5 welcome to Lloyds TSB Insurance Dear Customer Welcome and thank you for choosing to take out cover with Lloyds TSB Insurance. Your Lloyds TSB Insurance policy has been arranged and is administered by Devitt Insurance Services Limited. The name of your insurer is shown on your Certificate of Motor Insurance. Please read your policy carefully and keep it in a safe place. Your policy consists of: the policy booklet; the Certificate of Motor Insurance; the Schedule; and the proposal confirmation. Any advice, leaflets or similar literature you receive about this insurance do not form part of your policy. If you find that your policy does not meet your needs, contact us immediately. You will find details of our complaints procedures on page 25. In return for you paying and the Insurer accepting your premium, the Insurer will provide insurance cover under the terms of this policy during the period of cover shown in the Schedule. your car, our promise Thank you for insuring your car with us we hope you will keep your policy for many years to come. We are committed to giving you a first-class service at all times. To begin with, we will: send you your new policy very quickly; or let you know if there are any questions as soon as we can. All the time, we will: provide a telephone helpline to answer any questions you may have local rate ; and respond quickly to any letters you send us. car insurance policy 3

6 definitions apply to Sections 1 to 7 Wherever the following words or expressions appear in your policy or Schedule, they will have the meaning given here unless we say different. We, us, our, the Insurer The Insurance Company or Underwriters at Lloyd s as specified on the Certificate of Motor Insurance on whose behalf this policy is issued. You, your The person named as the policyholder in the Schedule. Car Any private motor car insured under this policy and described in the Certificate of Motor Insurance. In sections 2 (Fire and theft) and 4 (Damage to your car), the term car also includes its accessories and spare parts, whether they are on or in the car, or in your private garage. Certificate of Motor Insurance This document provides evidence that you have taken out the insurance you must have by law. It identifies who can drive your car and the purposes for which your car can be used. It also says whether you have cover under section 1 (Liability to other people) while driving any other car. Excess The amount you must pay towards any claim. Market value The value of your car in line with the market value for cars of a similar age and condition at the time of the accident or loss. Period of cover The period of insurance between the start date or the last renewal date (whichever is later), and the next renewal date. Policy The policy booklet, Schedule, proposal confirmation and Certificate of Motor Insurance. Proposal confirmation The document recording the statements made and information provided by or for you when you apply for cover. Schedule The document which identifies the policyholder and sets out details of the cover your policy provides. Terms All terms, exceptions, conditions and limitations which apply to the policy. Trailer Any form of trailer which has been specially built to be towed by a car. 4 car insurance policy

7 your policy The contract of insurance Your policy is proof of the contract between you and us. It is based on the information given by or for you when you applied for this insurance. This information is shown on the proposal confirmation and we have relied on it in entering into this insurance. You promise, as far as you know, the information you have given us is true. So that we can issue these documents as evidence of insurance, we have entered into a written binding authority contract. How to read your policy This policy must be read as a whole. The general exceptions and general conditions appearing on pages 14 to 18 apply to each section of this policy. Governing law You and we can choose the law which applies to this contract. Unless you and we agree otherwise, English Law will apply. Your cover If the cover you have chosen is: Comprehensive Third party, fire and theft only Third party only sections 1 to 7 of this policy booklet apply. only sections 1, 2, 6 and 7 apply. only sections 1, 6 and 7 apply. Any extra cover or conditions that may apply are shown in your Schedule. For and on behalf of the Insurer. Lloyds TSB Insurance Services Limited. car insurance policy 5

8 section 1 liability to other people What is covered 1a Cover for you We will cover you for your legal responsibility if you have or cause an accident in your car and: you kill or injure someone; or you damage their property, subject to any maximum limit of indemnity stated on the policy Schedule. This cover also applies to any accident involving a trailer or broken down motor vehicle which you are towing. What is not covered 1b Driving other cars If your Certificate of Motor Insurance says so, this policy provides the same cover as section 1a when you are driving any other car as long as it is not a car owned by you or hired to you under a hire purchase or leasing agreement. Loss of or damage to any other car you drive. This cover only applies if: there is no other insurance in force which covers the same claim; you have the owner s permission to drive the car; the car is being driven in Great Britain, Northern Ireland, the Isle of Man or the Channel Islands; and you still have the insured car and it has not been damaged beyond cost-effective repair. 2 Cover for other people We will also provide the cover under section 1a for: anyone allowed by the Certificate of Motor Insurance to drive your car, as long as they are driving the car with your permission. 6 car insurance policy

9 Cover for other people continued If you ask us to, we will provide the same insurance to the following people in the event of an accident: anyone you allow to use but not drive your car, for social or domestic purposes; anyone who is in or getting into or out of your car; your or your husband s or wife s employer or business partner, as long as the car is not owned by or hired to that person and they are not using it for a purpose forbidden by the Certificate of Motor Insurance; and the legal personal representative of any one covered under this section if that person dies. 3 Legal costs If any person has an accident that is covered under this policy, we will pay: solicitor s fees to represent any insured person at a coroner s inquest, fatal accident inquiry or magistrates court, as long as we have agreed beforehand; up to 10,000 for reasonable legal services which we will arrange to defend that person against a charge of manslaughter or causing death by dangerous or reckless driving; and any other costs or expenses we agree to beforehand. 4 Emergency medical treatment We will pay: for emergency treatment fees as set out in the Road Traffic Acts. 5 Our right to get back what we have paid If, under the law of any country, we have to make a payment which we would not otherwise have paid under this policy, you must repay the amount of that payment. Exceptions to section 1 What is not covered We do not cover anyone who has other insurance covering the same liability. We do not cover: death or injury to anyone in the course of their employment by anyone insured by this policy except as set out in the Road Traffic Acts; or loss or damage to a car, trailer or other property owned by, or in the care of, any person covered under this section. See also Page 14: General exceptions Page 16: General conditions car insurance policy 7

10 section 2 fire and theft What is covered If your car is lost or damaged as a result of theft, attempted theft, fire, lightning, or explosion, we will: pay to repair the damage; replace what is lost or damaged if this is more cost-effective than repairing it; or settle your claim in cash. We will decide how we settle your claim. New car cover If your car is less than one year old and you have been the first and only registered keeper and legal owner, we will replace it with one of the same make and model if it has: been stolen and not found; or suffered damage covered by the policy and the cost of repairing it will be more than 60% of the last United Kingdom list price (including taxes). We can only do this if a replacement car is available in the UK and anyone else who has an interest in the car agrees. If a suitable replacement car is not available, we will settle the claim by one of the methods shown above. If we settle a claim under this clause, the lost or damaged car becomes our property. What is not covered The excess shown in the Schedule, unless the car is stolen from a private locked garage. Loss or damage to the car and or its contents, where possession is gained by any form of deception or fraud. Loss or damage caused by theft or attempted theft if the car was not properly locked or if any window, roof opening, removable roof panel or hood was left open or unlocked. Loss or damage caused by theft or attempted theft if the keys are left in the unattended car. Any amount over 500 or 10% of the market value of your car (whichever is less) for loss of or damage to permanently fitted in-car audio, television, telephone and electronic navigation equipment. If the equipment forms part of the car specification and was fitted by the manufacturer or the manufacturer s approved dealer, the amount of cover is unlimited. The most we will pay We will not pay more than the market value of the car at the time of the loss or the amount your car is insured for (less the excess), whichever is less. See also Page 10: Conditions Page 10: Exceptions Page 14: General exceptions Page 16: General conditions 8 car insurance policy

11 section 3 windscreen damage What is covered We will pay: to replace or repair broken glass in the windscreen or windows of your car and any scratching to the bodywork caused by the broken glass, as long as there has not been any other loss or damage. Claims under this section will not affect your No Claim Discount. What is not covered The excess shown in the Schedule, unless the glass is repaired and not replaced. Broken glass in sunroofs. The most we will pay Up to 100 for each incident, unless the repair or replacement is carried out by one of the recommended glass specialists shown on your Certificate of Motor Insurance. We will not pay more than the market value of the car at the time of the loss or the amount your car is insured for (less the excess), whichever is less. section 4 damage to your car What is covered If your car is lost or damaged, we will: pay to repair the damage; or replace what is lost or damaged if this is more cost-effective than repairing it; or settle your claim in cash. We will decide how we settle your claim. What is not covered The excess shown in the Schedule. Any amount over 500 or 10% of the market value of your car (whichever is less) for loss of or damage to permanently fitted in-car audio, television, telephone and electronic navigation equipment. If the equipment forms part of the car specification and was fitted by the manufacturer or the manufacturer s approved dealer, the amount of cover is unlimited. We will pay the excess if the loss or damage happens while the car is with a member of the motor trade for repairs or servicing. Sections 3 and 4 See also Page 10: Conditions Page 10: Exceptions Page 14: General exceptions Page 16: General conditions The most we will pay We will not pay more than the market value of the car at the time of the loss or the amount your car is insured for (less the excess), whichever is less. car insurance policy 9

12 conditions which apply to sections 2,3 and 4 1 Hire purchase, leasing and other agreements If we know that the car is owned by someone other than you, we will make any payment under this cover to the legal owner first. You will only receive what is left after we have paid the legal owner all that they are entitled to. 2 Parts which are not available If any part or accessory is not available, the most we will pay for that part will be the cost shown in the manufacturer s last United Kingdom price list (plus the reasonable fitting costs). 3 Removal and delivery If your car cannot be driven as a result of loss or damage covered under this policy, we will pay the reasonable cost of taking it to the nearest suitable repairer. We will also pay the reasonable cost of delivering the car to you at the address shown in the Schedule after it has been repaired. We may ask you to put your car in safe storage, which we will find for you, before it is repaired, sold or taken for scrap. We will pay the reasonable cost of storage. 4 Repairs You can arrange for reasonable and necessary repairs to be started at a repairer of your choice without our permission. But you must send your Insurer a detailed repair estimate and full details of the incident beforehand. 5 Total loss of your car If your car is written off, we will take any part of the full premium you owe from any payment we give you. When we have done this, we will have met all our responsibilities to you under the policy and the car will become our property. All cover will then end unless we agree differently. We will not refund any of your premium. exceptions which apply to sections 2, 3 and 4 What is not covered Loss or damage caused by wear and tear or loss of value. 10 Any part of a repair or replacement which improves your car beyond its condition before the loss or damage took place. car insurance policy

13 Any mechanical, electrical, electronics, computer failure or breakdown or breakage. Damage to tyres caused by braking, punctures, cuts or bursts. Damage caused by pressure waves from an aircraft or other flying object travelling at or beyond the speed of sound. Deliberate damage caused by anyone insured under this policy. Loss of use or other indirect loss. Loss or damage to any trailer, caravan or disabled motor vehicle, or their contents, being towed by the car. Loss or damage to the car if, at the time of the incident, it was being driven or used without your permission by someone in your family or who was living with you. This exception does not apply if the person driving is reported to the police and a crime reference number is obtained. Loss or damage resulting from your car being repossessed by or returned to its rightful owner. See also Page 14: General exceptions Page 16: General conditions section 5 extra cover 1 Personal accident benefits If you or your husband or wife are accidentally injured while travelling in or getting into or out of any car, and this injury alone results within three calendar months in: death; permanent loss of sight in one or both eyes; or permanent loss or permanent loss of use of one or more limbs; What is not covered Any person over 75 years at the time of their injury. Any injury or death resulting from suicide or attempted suicide. Anyone who is convicted for driving while under the influence of drink or drugs at the time of the accident. we will pay the injured person or their legal representatives 5,000. The most we will pay in any period of insurance is 5,000. If you or your husband or wife hold other policies with us, compensation will be payable under one contract only. 2 Medical expenses We will pay medical expenses of up to 100 for each person injured in your car if it is in an accident. car insurance policy 11

14 3 Hotel If your car cannot be driven after an accident or loss covered under section 4 of this policy, we will pay up to 40 for the driver or 80 in total for all the people in the car towards the cost of hotel expenses for a necessary overnight stop. 4 New car cover If your car is less than one year old and you have been the first and only registered keeper and legal owner, we will replace it with one of the same make and model if it has: been stolen and not found; or suffered damage covered by the policy and the cost of repairing it will be more than 60% of the last United Kingdom list price (including taxes). We can only do this if a replacement car is available in the UK and anyone else who has an interest in the car agrees. If a suitable replacement car is not available, we will settle the claim by one of the methods shown in section 4. If we settle a claim under this clause, the lost or damaged car becomes our property. 5 Clothing and personal belongings We will pay for loss of, or damage to, clothing and personal belongings caused by fire, theft, attempted theft or accident, while they are in or on your car. The most we will pay for any one incident is 100. If you ask us to pay someone else, we will have no further responsibility to you once we have done so. What is not covered Loss of or damage to: money, credit or debit cards, stamps, tickets, vouchers, documents, securities, goods or samples carried in connection with any trade or business; property insured under any other policy; or property from an open or convertible car, unless the property was left in a locked boot or locked glove compartment. See also Page 14: General exceptions Page 16: General conditions 12 car insurance policy

15 section 6 territorial limits 1 Territorial limits and using your car abroad This policy provides the cover described in your Schedule in Great Britain, Northern Ireland, the Isle of Man and the Channel Islands and during sea journeys between these places. It also provides the minimum cover you need by law to use your car in: any country which is a member of the European Union; and any country which the Commission of the European Community approves as meeting the requirements of Article 7(2) of the European Community Directive on Insurance of Civil Liabilities arising from the use of motor vehicles (No 72/166/CEE). If you ask we will give you an international motor insurance certificate (Green Card). 2 Policy cover abroad We automatically extend the territorial limits of this policy to include any member country of the European Union, Czech Republic, Republic of Slovakia, Hungary, Norway and Switzerland. The insurance cover applies while your car is being carried by a recognised carrier between any countries to which the insurance applies as long as the journey does not take longer than 65 hours under normal conditions. We can only provide cover in these countries if your main permanent home is in the United Kingdom and your visit is only temporary. 3 Customs duty If you have to pay customs duty on your car in any of the countries shown on your Green Card because of loss or damage covered under the policy, we will pay these costs for you. See also Page 14: General exceptions Page 16: General conditions car insurance policy 13

16 section 7 no claim discount If no claim has been made during the current insurance year, we will include a discount in your renewal premium. The amount of discount will be in line with our scale of No Claim Discount which applies at the time you renew. If a claim has been made and you still have a No Claim Discount from your previous insurers you may have to prove your entitlement by producing written evidence from your previous insurers. If a claim has been made or arisen under this insurance in any one period of insurance, unless you have elected to protect your No Claim Discount, we will reduce your No Claim Discount when you next renew the insurance. We will do this according to our step back scale. You may not transfer your No Claim Discount to anyone else. The following will not affect your No Claim Discount: payments made under section 3 (Windscreen damage); payments for emergency treatment fees; and claims where you are not at fault, as long as we have got back all that we have paid from those who are responsible. Protected No Claim Discount Please see your Schedule. See also Page 14: General exceptions Page 16: General conditions general exceptions which apply to all sections You are not covered for any of the following. 1 Who uses the car Any legal liability, injury, loss or damage which takes place while the car is being: driven or used by anyone not allowed to drive it, or used for any purpose not allowed by the Certificate of Motor Insurance and Schedule; or driven by someone who does not have a valid driving licence or has held and is not disqualified from holding or obtaining such a licence or is breaking the conditions of their driving licence. This exception does not apply if the car is: with a member of the motor trade for the purpose of maintenance or repair; stolen or taken away without your permission; or being parked by an employee of a hotel, restaurant or car-parking service. 14 car insurance policy

17 2 Contracts Any claim as a result of an agreement or contract unless we would have been responsible anyway. 3 Radioactivity Any legal liability, loss or damage to property or any direct or indirect loss, expense or liability caused or contributed to by: ionising radiation or radioactive contamination from any nuclear fuel or waste; or the radioactive, toxic, explosive or other dangerous properties of nuclear equipment or its nuclear parts. 4 War Any legal liability, injury, loss or damage caused by war, invasion, revolution or a similar event unless we have to provide cover under the Road Traffic Acts. 5 Riot Any loss or damage caused by riot or civil commotion outside Great Britain, the Isle of Man or the Channel Islands. This exception does not apply to section 1 of this policy. 6 Earthquake Any loss or damage caused by earthquakes and the results of earthquakes. 7 Use on airfields Legal liability caused by using a car on any part of an aerodrome, airport, airfield, or military base where aircraft can go, including associated service roads, refuelling areas, ground equipment parking areas, passenger terminals and Customs areas. 8 Pollution Any accident, legal liability, injury, loss or damage caused by pollution or contamination, unless the pollution or contamination is caused by a sudden, identifiable, unexpected and accidental incident which happens during the period of insurance. 9 Terrorism Any liability caused by acts of terrorism as defined in the Terrorism Act 2000 except where such liability is required to be covered by the Road Traffic Acts. car insurance policy 15

18 general conditions which apply to all sections 1 Your duty We will only provide the cover set out in this policy if you keep to all the terms and conditions of the policy. 2 Accidents and losses You must tell us as soon as reasonably possible of any incident which may lead to a claim under this policy. If you receive any notice of prosecution, inquest or fatal accident enquiry, or you are sent a writ, summons, claim or letter, you must send it to us, unanswered, as soon as possible. 3 Claims procedure You must not admit liability for or negotiate to settle any claim without our written permission. We may take over, defend or settle the claim, or take up any claim in your name for our own benefit. You must give us all the information and help we need. 4 Other insurance If you have other insurance which covers the same loss, damage or liability, we will not pay more than our share of your claim. This does not apply to personal accident benefit (see section 5 (1)). 5 Settling disagreements If we have agreed to a claim but there is a disagreement over the amount to be paid, the problem must be decided by an arbitrator who you and we can both accept. You cannot take legal action against us until the arbitrator has decided on the amount we should pay. 6 Taking care of your car You must: make sure the car is roadworthy; take all reasonable steps to protect the car and its contents from loss or damage; and allow us to examine the car at any reasonable time if we ask you. 7 Car sharing Your policy covers you for carrying passengers for social or similar purposes in return for payment. However, it does not cover you if: your car is made or adapted to carry more than eight passengers; you are carrying the passengers as customers of a passenger-carrying business; or you are making a profit from the passengers payments. 16 car insurance policy

19 8 Changes which may affect your cover You must tell us as soon as possible of any change which affects your insurance. Examples of such changes are: you make changes to your car which improve its value, performance or attractiveness to thieves; you change car; you want to include drivers you have not told us about before; you want to use the car for a purpose not included in your Certificate of Motor Insurance; you become aware of any medical or physical condition of any driver which may affect their ability to drive; you or any driver are convicted of a motoring offence, including any fixed penalty, other than a fixed-penalty parking ticket; you change the address at which you normally keep your car; or you or any driver change jobs. We may then re-assess your cover and premium. If you do not tell us about any relevant changes, we may: charge you the wrong premium; reject or reduce your claim; or declare your policy invalid. 9 Fraud You or any person acting for you must not make false claims. If you or anyone acting for you makes a claim knowing any part of it to be false, we will not pay the claim and we will cancel your policy. 10 Suspending your cover We will not permit you to suspend your cover. car insurance policy 17

20 11 Cancelling your policy We, Lloyds TSB Insurance Services Limited or Devitt Insurance Services Limited as our agents, can cancel this policy by sending you seven days notice in writing to your last known address. You can cancel your policy by returning your Certificate of Motor Insurance and giving us seven days notice. After you or we cancel your policy, we will refund your premium as follows. If you cancel your policy before the first renewal date, we will refund part of your premium as shown in the following scale. This scale takes account of our costs in providing the policy. If the amount due when you cancel the policy is more than the amount you have paid, you must pay the difference. If we cancel the policy at any time or you cancel it after the first renewal date, we will refund the part of the premium you have not yet used. We will never refund your premium if you have made a claim, or if one has been made against you, during the period of insurance. If we return any of your premium, we will calculate the amount on the date we receive the certificate or, if you have lost the certificate, the signed Statutory Declaration. We will not refund premiums for policies taken out to provide less than a year s cover. After you or we cancel your policy, you must meet the legal requirement to return the Certificate of Motor Insurance or, if you have lost the Certificate of Motor Insurance, the Statutory Declaration. Cancellation scale Days the policy has Percentage we will refund been in force of yearly premium Parties to this contract This contract is between you and us. No-one else has any rights they can enforce under this contract except those they have under road traffic law. car insurance policy

21 welcome to Lloyds TSB Insurance claims legal assistance service Dear Customer Thank you for choosing to take out cover with Lloyds TSB Insurance. Your Claims legal assistance service policy, arranged by Lloyds TSB Insurance, is administered by Devitt Insurance Services Limited. Your policy is underwritten by Churchill Insurance Company Limited. Please read your policy carefully and keep it in a safe place. This cover only applies if it is shown on your car policy Schedule. Any advice, leaflets or similar literature you receive about this insurance do not form part of your policy. You will find details of our complaints procedures on page 25. car insurance policy 19

22 CLAS claims legal assistance service Underwritten by Churchill Insurance Company Limited This cover only applies if it is shown on your car insurance policy Schedule. Our promise to you We agree to cover you under the terms of this section, as long as you have paid the premium. Definitions (apply to claims legal assistance service only) The following words will have the meanings shown next to them. Car policy Your Lloyds TSB car insurance policy. Costs The professional fees and expenses reasonably and properly charged by the lawyer, up to the standard rates set by the courts, your opponent s costs which you are ordered to pay by a court or tribunal, and other costs we agree to in writing. Expert witness A professional witness who will go to court and give evidence on specialist technical issues during a trial. Lawyer The solicitor, barrister or expert appointed under this policy to represent you. Period of insurance The period you are insured for on the car insurance policy Schedule. Proceedings Prosecuting any civil, tribunal or arbitration proceedings or defending any appeals which arise from them. Territorial limits Great Britain, Northern Ireland, the Isle of Man, the Channel Islands, and any country covered under section 6 of the Lloyds TSB car insurance policy book at the time of the accident. Uninsured losses Losses which you cannot recover from any insurance policy. We, us, our Churchill Insurance Company Limited. You Any person named in the car insurance policy Schedule as being authorised to drive, use, or be a passenger in your car. Your car The car described in your current Certificate of Motor Insurance. 20 car insurance policy

23 Cover provided by this section We will cover the following. Costs for recovering uninsured losses which arise directly from any road traffic accident involving: your death or injury; damage to your car; damage to any property in your car which you own or are legally responsible for; and any other uninsured losses you suffer. This cover only applies if: at the time of the accident, the car is being driven or used for a purpose allowed by the car insurance policy; the accident happened within the territorial limits and during the period of insurance, and the claim is decided by a court within the territorial limits; and we think there is a reasonable chance of recovering damages. The most we will pay will be 50,000 for any claim or claims arising from any one accident. exceptions which apply to CLAS You are not covered for any of the following. 1 Costs you have paid or will have to pay before we have accepted the claim. 2 Any claim arising out of an agreement or contract between you and anyone else. 3 If, at the time of the loss, the car was being used for racing, rallies or competitions. 4 A claim for an event which is not covered under your current car policy. 5 Costs involved in disputes between you and us. 6 Costs covered by any other insurance policy or which you can get back from any other source. 7 Costs involved in a legal appeal unless we have given our written acceptance before the appeal began. 8 Any costs where we do not think that the person you are claiming from has the money to pay any costs awarded by a judgment. 9 Costs you have paid or will have to pay after you withdraw instructions from the lawyer or if you withdraw from legal proceedings. 10 Any payments you make to the lawyer or anyone else without our permission. car insurance policy 21

24 11 Any costs to do with claims directly or indirectly caused or contributed to by: ionising radiation or radioactive contamination from any nuclear fuel or waste; or radioactive, toxic, explosive or other dangerous properties of nuclear equipment or its nuclear parts. 12 Claims arising from: war, invasion, revolution or any similar event; riot, civil commotion or malicious acts that happen outside Great Britain, the Isle of Man or the Channel Islands. 13 Any claim: caused by a deliberate act by you; or which is in any way false. 14 Any claim arising from: faults in the car; or a faulty or incomplete service or repair to the car. 15 Costs, damages, interest, fines or other penalties you are ordered to pay by a criminal court. 16 Any claim directly or indirectly caused by or resulting from any equipment (whoever owns it) failing to recognise, interpret or deal with the date change to the year 2000 or any other date. conditions which apply to CLAS If you do not keep to these conditions, we may cancel the policy and refuse to deal with any claim. 1 You must do the following. Tell us about your claim as soon as possible. Let us have full details of your claim and any other information that we or the lawyer ask for. Follow the lawyer s advice and provide any information he or she asks for as soon as possible. Provide any information we need at your own expense. Fully co-operate with the lawyer and us and not do anything which might damage your claim. Get our written permission before starting a legal appeal. Send all bills for costs to us as soon as you receive them. If we ask, tell the lawyer to send his or her bill of costs to be taxed by the court or certified by the appropriate professional organisation. Tell us about any important developments affecting your claim. Tell us if the lawyer refuses to continue to act for you or if you withdraw instructions. Whenever possible, try to get back any costs from the other person and pay them to us. Within reason, try to keep the cost of any claim or proceedings as low as possible. 22 car insurance policy

25 2 The lawyer must do the following. Get our written permission before instructing a barrister or expert witness. Tell us immediately if: - there is no longer a reasonable chance of getting back any damages; or - the person you are claiming from makes a payment into court or offers to settle the case. 3 We will not do the following. We will not keep to any agreement which you and the lawyer have arranged without getting our written permission beforehand. 4 We can do the following. Refuse to accept a claim or withdraw from a claim if we think that: - your chances of success in legal proceedings are not good; or - you do not have a valid claim. (We will let you know our reasons and we will not have to pay any further costs. If you disagree with our decision, the dispute must be settled according to condition 8 of this policy.) Appoint the lawyer for you. Have direct access, at any time, to the lawyer and all written reports. Settle a claim by paying the amount in dispute. Take over and carry out in your name, any claim using your own employees, agents or solicitor. 5 Your right to choose the lawyer If you need to take legal action to recover your uninsured losses, or if there is a dispute, you can choose a lawyer or ask us to do this for you. You must give us the lawyer s name and address so we can approve them before you give them any instructions. When you choose a lawyer, you must keep the cost of any claim or proceedings as low as possible. The lawyer must always be appointed in your name and on your behalf. Nothing in this policy will affect our right to appoint a lawyer for you according to the conditions of your car policy. (If there is a dispute about your choice of lawyer we will refer it to arbitration according to condition 8 of this policy.) 6 Withdrawing from the claim If the lawyer refuses to continue acting for you, we may agree to appoint another lawyer. If you: - withdraw your claim from the lawyer; or - withdraw from a claim without getting our permission beforehand; we will not provide any cover under this policy. You must then repay any costs we have paid or will have to pay during the course of the claim. This includes any costs we have to pay as a result of you withdrawing from the claim. car insurance policy 23

26 7 Cancellation We can cancel this insurance by sending you seven days written notice to your last known address. You can cancel this insurance by giving us seven days written notice. We will refund the part of the premium you have not used as long as you have not made a claim. If the insurance is cancelled, it will not affect your rights to any claim which happened while the insurance was in force. 8 Disputes If you and we have a dispute over this insurance, it will be referred to an arbitrator we both agree on. If we cannot agree on an arbitrator within 21 days, the President of the Law Society or the Bar Council will appoint one. The person who loses the arbitration will pay the costs. If the arbitrator cannot decide against you or us, the arbitrator will decide how we will share the costs. 9 Governing law You and we can choose the law which applies to this contract. Unless we agree otherwise English Law will apply. 10 Parties to this contract This contract is between you and us. No one else has any rights they can enforce under this contract except those they have by law. 24 car insurance policy

27 how to make a complaint Although every effort is made to meet the high standards you expect, if you ever feel that the service provided falls short of your expectations, please contact your policy administrator Devitt Insurance Services Limited on or write to them at: 31 Princes Street, Ipswich, Suffolk IP1 1PU. If you are still not satisfied, please write to the Chief Executive of the insurer shown on your Certificate of Motor Insurance. Please let us know if you need the address. If you are still not satisfied, call Lloyds TSB Insurance Customer Care on , or write to: Lloyds TSB Insurance, Customer Care, Tredegar Park, Newport, South Wales NP10 8SB. address: customer.care.insurance@lloydstsb.co.uk. If you are still not happy and the insurer concerned is a Lloyd s of London syndicate approach the: Complaints Department, Lloyd s, 1 Lime Street, London EC3M 7HA. If you are still not happy you may refer the matter to the Financial Ombudsman Service on or write to them at: Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR. If you do take any of these actions your legal rights will not be affected car insurance policy 25

28 helplines Claims Local rate Claims legal assistance service (CLAS) Local rate Customer service Local rate Legal advice hour service General Insurance advice is provided by Lloyds TSB Insurance Services Limited. Registered in England No Registered Office 25 Gresham Street, London EC2V 7HN. Member of the General Insurance Standards Council. Car Insurance is underwritten by a number of insurers and is arranged and administered by Devitt Insurance Services Limited Registered in England No Churchill Court, Westmoreland Road, Bromley, Kent BR1 1DP. Member of the General Insurance Standards Council. We may record and monitor calls for your protection and to help in the prevention of fraud. LTSBBM