car insurance policy - · pdf file2 car insurance policy finding your way around your policy...
TRANSCRIPT
Questions that are often asked and where to find the answers.
AccidentsWhat do I do if I have an accident or if my car is stolen? Phone local rate 08456 014 577CancellationCan I cancel the policy? Page 18TelephonesAre they covered? Page 8Car off the roadCan I suspend the policy? Page 17ChangesWhat do I do if I change my car? Page 17What other changes do I have to tell you about? Page 17ClaimsHow do I make a claim? Phone local rate 08456 014 577How do I get my car repaired? Page 10Complaints and enquiriesWhat do I do if I have a complaint? Page 25CoverWhat cover do I have? Page 5DriversWho is allowed to drive my car? See your Certificate of Motor Insurance and ScheduleAm I covered to drive other cars? See your Certificate of Motor InsuranceExcessesWhat will I have to pay? See your ScheduleIn-car audio equipmentWhat is the limit of cover? Page 8Travelling abroadAm I covered while driving my car abroad? Page 13What am I covered for when driving abroad? Page 13Claims Legal Assistance ServiceDo I have legal assistance cover? See your Schedule
finding your way around your policy
car insurance policy 1
car insurance policy2
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
contents
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.
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 08456 014 582; and
● respond quickly to any letters you send us.
welcome to Lloyds TSB Insurance
your car, our promise
car insurance policy 3
Wherever the following words or expressions appear in your policy or Schedule, theywill 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 onwhose 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. Insections 2 (Fire and theft) and 4 (Damage to yourcar), the term ‘car’ also includes its accessories andspare parts, whether they are on or in the car, or inyour private garage.
Certificate of Motor Insurance This document provides evidence that you havetaken out the insurance you must have by law. Itidentifies who can drive your car and the purposesfor which your car can be used. It also says whetheryou have cover under section 1 (Liability to otherpeople) 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 ofthe accident or loss.
Period of cover The period of insurance between the start date or thelast renewal date (whichever is later), and the nextrenewal date.
Policy The policy booklet, Schedule, proposal confirmationand Certificate of Motor Insurance.
Proposal confirmation The document recording the statements made andinformation provided by or for you when you applyfor cover.
Schedule The document which identifies the policyholder andsets out details of the cover your policy provides.
Terms All terms, exceptions, conditions and limitationswhich apply to the policy.
Trailer Any form of trailer which has been specially built tobe towed by a car.
definitions apply to Sections 1 to 7
car insurance policy4
The contract of insuranceYour 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 policyThis 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 lawYou and we can choose the law which applies to this contract. Unless you and we
agree otherwise, English Law will apply.
Your coverIf the cover you have chosen is:
Comprehensive – sections 1 to 7 of this policy booklet apply.
Third party, fire and theft only – only sections 1, 2, 6 and 7 apply.
Third party only – 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.
your policy
car insurance policy 5
What is covered
1a Cover for youWe 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.
1b Driving other carsIf 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.
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 peopleWe 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.
What is not covered
● Loss of or damage to any other car you drive.
section 1 liability to other people
car insurance policy6
Cover for other people continuedIf 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 costsIf 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 treatmentWe 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 alsoPage 14: General exceptionsPage 16: General conditions
car insurance policy 7
What is coveredIf 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 coverIf 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 payWe 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 policy8
section 2 fire and theft
See alsoPage 10: ConditionsPage 10: ExceptionsPage 14: General exceptionsPage 16: General conditions
What is coveredWe 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 payUp 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.
car insurance policy 9
section 3 windscreen damage
What is coveredIf 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.
Sections 3 and 4 See alsoPage 10: ConditionsPage 10: ExceptionsPage 14: General exceptionsPage 16: General conditions
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.
The most we will payWe 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
car insurance policy10
1 Hire purchase, leasing and other agreementsIf 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 availableIf 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 deliveryIf 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 RepairsYou 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 carIf 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.
What is not covered● Loss or damage caused by wear and tear or loss of value.
● Any part of a repair or replacement which improves your car beyond its condition before the loss
or damage took place.
conditions which apply to sections 2,3 and 4
exceptions which apply to sections 2, 3 and 4
car insurance policy 11
● 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.
1 Personal accident benefitsIf 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;
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 expensesWe will pay medical expenses of up to £100
for each person injured in your car if it is in
an accident.
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.
section 5 extra cover
See alsoPage 14: General exceptionsPage 16: General conditions
car insurance policy12
3 HotelIf 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 coverIf 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 belongingsWe 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.
See alsoPage 14: General exceptionsPage 16: General conditions
What is not coveredLoss 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.
car insurance policy 13
1 Territorial limits and using your car abroadThis 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 abroadWe 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 dutyIf 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 alsoPage 14: General exceptionsPage 16: General conditions
section 6 territorial limits
You are not covered for any of the following.
1 Who uses the carAny 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.
car insurance policy14
general exceptionswhich apply to all sections
See alsoPage 14: General exceptionsPage 16: General conditions
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.
section 7 no claim discount
car insurance policy 15
2 ContractsAny claim as a result of an agreement or contract unless we would have been responsible anyway.
3 RadioactivityAny 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 WarAny 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 RiotAny 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 airfieldsLegal 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 PollutionAny 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 TerrorismAny 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 policy16
1 Your dutyWe 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 lossesYou 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 procedureYou 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 insuranceIf 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 disagreementsIf 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 carYou 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 sharingYour 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.
general conditionswhich apply to all sections
car insurance policy 17
8 Changes which may affect your coverYou 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 FraudYou 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 coverWe will not permit you to suspend your cover.
car insurance policy18
11 Cancelling your policyWe, 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 scaleDays the policy has Percentage we will refund
been in force of yearly premium
8 88
30 80
60 70
90 60
120 50
150 40
180 30
210 20
240 15
270 10
271+ 0
12 Parties to this contractThis 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 19
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.
welcome to Lloyds TSB Insuranceclaims legal assistance service
car insurance policy20
This cover only applies if it is shown on your car insurance policy Schedule.
Our promise to youWe 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.
CLAS claims legal assistance serviceUnderwritten by Churchill Insurance Company Limited
car insurance policy 21
Cover provided by this sectionWe 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.
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.
exceptions which apply to CLAS
car insurance policy22
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.
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.
conditions which apply to CLAS
car insurance policy 23
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 lawyerIf 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.
7 CancellationWe 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 DisputesIf 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 lawYou and we can choose the law which applies to this contract. Unless we agree otherwise
English Law will apply.
10 Parties to this contractThis contract is between you and us. No one else has any rights they can enforce under
this contract except those they have by law.
car insurance policy24
car insurance policy 25
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 08456 014 582 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
0845 300 5599, or write to: Lloyds TSB Insurance, Customer Care, Tredegar Park, Newport,
South Wales NP10 8SB.
E-mail address: [email protected].
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
0845 080 1800 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.
how to make a complaint
434008
Claims .................................................................. 08456 014 577Local rate
Claims legal assistance service (CLAS) ........................ 08456 014 577Local rate
Customer service ................................................... 08456 014 582Local rate
Legal advice .......................................................... 0117 934 019524-hour service
LTSBBM0432020531
General Insurance advice is provided by Lloyds TSB Insurance Services Limited. Registered in England No. 968406. Registered Office 25 Gresham Street, London EC2V 7HN. Member of the General Insurance Standards Council. Car Insurance is underwritten by a numberof insurers and is arranged and administered by Devitt Insurance Services Limited Registered in England No. 2438974. 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.
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