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Policy Document

Motor

CarMotor Insurance

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Your Private CarInsurance Policy

This insurance is a Contract of Indemnity between the insurer and you, the insured.The basis of this contract is the information you have given for the purpose of entering into

the contract and that information must be true to the best of your knowledge and belief.

The contract will be in force for any period of insurance for which you have paid oragreed to pay and we have accepted or agreed to accept the premium.

In return the insurer will insure you against those losses and liabilities detailed in the policydocuments during the period referred to in the schedule to the policy and during any

further period for which the insurer may accept premium.

A person or company who was not a party to this contract has no right under theContracts (Rights of Third Parties) Act 1999 to enforce any term of this policy but this does

not affect the right or remedy of a third party which exists or is available apart from that Act.

If the law of any country in which you are covered by this policy says we must settle aclaim which we would not otherwise have paid we can ask you or the person who

incurred the liability to pay us that amount.

AUTHORISED SIGNATORY ON BEHALF OF YOUR INSURER

Mark TownsendManaging Director

(Authorised Signatory) BDML Connect Ltd

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April 2010

88866 Generic Motor policy text April 2010:88064 Generic Motor policy text Jan 2010 18/3/10 12:07 Page 1

What the terms mean:

AdministratorBDML Connect Limited,The Connect Centre,Kingston Crescent, Portsmouth,Hampshire PO2 8QL.email: [email protected]

Certificate of Motor InsuranceThe proof that You have motor insuranceneeded by law, any details of the individualsinsured, and those who are allowed to driveyour car.

ContractThis insurance is made up of four importantdocuments:1) this Insurance Booklet2) the Certificate of Motor Insurance3) the schedule4) the Proposal Form or Statement of

InsuranceAll four documents should be read together aspart of the contract.

ExcessAn amount you may be obliged to pay in theevent of a claim that is shown on your schedule.

Great BritainEngland, Wales and Scotland.

IndemnityA legal principle which requires that after a loss you areplaced in the same financial position that you occupiedimmediately before the event.

Market ValueThe cost of replacing your car with one of a similarmake, model, history, age and condition.

Period of InsuranceThe dates shown on your current Certificate ofMotor Insurance and schedule.

Proposal FormThe application form signed by you and upon which thisContract is based.

ScheduleThe document which shows details of your car, the levelof cover provided, and all excesses.

Statement of InsuranceThe document containing information supplied by youand upon which this contract is based.

Third PartyAny person other than you, or any person for whomcover is provided, by this insurance, or us.

United Kingdom (UK)England, Wales, Scotland, Northern Ireland, theIsle of Man and the Channel Islands.

Voluntary ExcessAn amount you have volunteered to pay, for which Youmay receive a reduction in your premium.This may be in addition to other policy excessesand is shown on your schedule.

We, Our, Us, InsurerThe authorised Insurer or Lloyd’s syndicate shownat the foot of the Certificate of Motor Insuranceand/or on the current schedule.

All insurers are directly or indirectly authorised andregulated by the Financial Services Authority. TheFinancial Services Authority website which includes aregister of all regulated firms can be visited atwww.fsa.gov.uk/register or can be contacted on 0845606 1234.

Your carThe vehicle shown on your currentCertificate of Motor Insurance and schedule.

You, Your, YourselfThe person named as the Insured in theinsurance documents.

BDML Connect Limited is authorised and regulated by the Financial Services Authority,reference number (309140).

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Where We explain what a word means that word will havethe same meaning wherever it is used in the policy or schedule.These words are highlighted by the use of bold print.


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How to identify yourcover

Contents

C O M P R E H E N S I V E

If your schedule says that you haveComprehensive cover - then ALL PARTSof this document APPLY.

T H I R D P A R T Y F I R E & T H E F T

If your schedule says that you haveThird Party Fire and Theft cover - then PARTS3, 5, 6, 7 & 8 of this documentDO NOT APPLY.

T H I R D P A R T Y O N L Y

If your schedule says that you haveThird Party Only cover - thenPARTS 2, 3, 4, 5, 6, 7 & 8 of thisdocument DO NOT APPLY.

PART 1: Legal liability to third parties 4-5PART 1: Driving other cars 4-5PART 1: Towing 4-5PART 2: Your car - fire, theft or

attempted theft 5PART 3: Your car - accidental damage 6PART 4: What do we pay? 7PART 5: Breakage of glass 7-8PART 6: Personal belongings 8PART 7: Personal accident 8PART 8: Medical expenses 8

PART 9: Territorial limits & green cards 9PART 10: Making a claim 10PART 11: No claim discount 10PART 12: Conditions 11-13PART 13: Exceptions 14PART 14: Complaints procedure 15PART 15: Optional Motor Legal Protection

16-22Your questions answered 22-26

You must make sure you have the cover you need under this insurance.Please read carefully and contact the administrator immediately if there is anything

you do not understand or agree with.

Statement of Demands and NeedsThis product meets the demands and needs of those who wish to ensure that in the event of

being involved in a motor accident, claims against them by third parties for personal injury ordamage to property during the policy term will be covered.

Cover may be extended to include, fire, theft and accidental damage to the insured vehicle.The decision to take this product is entirely the customer’s and therefore we cannot offer you

a personal opinion or recommendation to take it.


PART 1

Legal Liability toThird Parties

WHAT IS COVERED

This policy covers you for all sums youbecome legally liable to pay for death of orinjury to any person and damage to anyother person’s property as a result of anaccident involving your car detailed in thecurrent Certificate of Motor Insuranceand schedule.

This cover will also apply to you onlyif you are driving any other car which yourCertificate of Motor Insurance permitsyou to drive and which is not owned byyou. Note that there is no cover for loss ofor damage to that other car.

This cover also applies whilst a trailer ordisabled mechanically propelled vehicle isattached to your car. Note that there is nocover for loss of or damage to that trailer ordisabled mechanically propelled vehicle.

We will (with your approval) also give thiscover to:� any driver covered by yourCertificate of Motor Insuranceand schedule who is driving yourcar with your permission;

� any person travelling in or on, orgetting into or out of your car;

� any person using, but not driving,your car with your permission forsocial, domestic or pleasure purposes;

� Your employer or business partner, or thatof your spouse or civil partner, but not ifthe car which gives rise to the liability isowned by or hired to that employer orpartner, unless it is the car specified in theschedule and Certificate ofMotor Insurance;

� the legal, personal representative ofany person who has died, but whowas covered under this part of thepolicy.

We will also pay the following expenseswhere you have our written permission toclaim:

� solicitors’ fees if anyone we insure isrepresented at a coroner’s inquest orfatal accident inquiry or is defendingany proceedings in a high court orabove; or

� legal services to defend anyone weinsure in the event of proceedingsbeing taken for manslaughter, recklessor dangerous driving causing death;

� other costs incurred with Our priorwritten approval.

We will only pay these legal costs if theyrelate to an incident that is coveredunder Part 1 of this policy.

If your Certificate of MotorInsurance includes business use, we willcover your employer if an accidenthappens when your car is beingused on business.

We will pay for emergency treatmentcharges set out in the Road Traffic Acts.If this is the only payment we make, it willnot affect your no claim discount.

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WHAT IS NOT COVERED

We will not give cover:

• to anyone driving your car who hasnever held a licence to drive it or who isdisqualified from holding or obtainingsuch a licence;

• to anyone who is not driving your car ifthat person knows that the driver never helda licence to drive it or is disqualified fromholding or obtaining such a licence;

• to any person other than you who isentitled to cover under any other policy;

• to anyone who fails to comply with all ofthe terms and conditions of this policy in sofar as they may apply;

• for death of or injury to any person arisingout of and in the course of that person’semployment by the person claiming under thisPart of the policy except where suchliability is required to be covered by theRoad Traffic Acts;

• for damage, loss of use, or other loss toany car which is covered by this Part of thepolicy or any property which you or anyoneelse driving your car owns or isresponsible for, or any trailer, caravan, orvehicle (or the contents thereof) while beingtowed or attached to your car.

Any amount over £20,000,000 for any oneclaim or series of claims arising from oneevent that causes loss or damage to property.This limit is inclusive of all costs and expensesup to £5,000,000.

These limits do not apply to claims occurringin other countries where the Territorial Limitsand Green Card Part of this policy is

operative if the maximum liability required bylaw in that country is greater.

PART 2

Your Car - Fire, Theftor Attempted Theft

WHAT IS COVEREDWe will pay for loss of or damage to yourcar, and its accessories and spare parts whilethey are either fixed to or in your car or inyour private garage, caused by fire, theft, orattempted theft.

Loss of or damage to your car under this partof the policy is covered whilst your car is witha member of the motor trade for its upkeep,overhaul or repair.

If your car is un-drivable as the result ofdamage covered by this part of the policy wewill pay the reasonable cost of taking it from thescene of the incident to the nearest competentrepairer. After repairs we will pay thereasonable cost of delivering it to youraddress in the United Kingdom.

If you want, we will replace your car witha new car of the same make, model andspecification if:

� You are the first registered keeper of thecar; and

� Your car is under 12 months old at thetime of the loss; and either

� Your car is stolen and not recovered within28 days of you telling us about the theft; or

� the damage estimated by us is more than60% of the current list price.

If we do replace your car, your old car willbelong to us.

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If the exact model of your car is not available,we will pay you instead asshown in the part what do we pay?on page 7.We will pay up to £150 for loss or damage toaudio or radio equipment, after taking offyour excess. If this equipment forms part ofthe original vehicle specification and was fittedby the manufacturer or the manufacturer’sapproved dealer, the amount of cover isunlimited after taking off your excess.

WHAT IS NOT COVERED

We will not pay for any of the following:

� the excess of every claim made under thispart unless at the time of the loss or damageyour car was in a locked garage whichhas been subjected to forcible and violententry or exit;

� loss of value, wear and tear, or mechanical,electrical, electronic or computer failure orbreakdown;

� loss of use of your car;

� loss of or damage to your vehicle as aresult of legal repossession.

� theft, or attempted theft, if your carkeys are left in or on your car.

� any loss or damage caused by theft orattempted theft if the security system fitted toyour vehicle at the time of the loss was notactivated and working properly. All keysused to activate/deactivate thealarm/immobiliser fitted to your car must besubmitted to your insurer with the claim form.

� theft, or attempted theft, that involvessomebody using trickery or deception to getyour car.

� any reduction in the value of your caras a result of it having been repaired.

� any extra costs caused by the parts orreplacements not being available in

the United Kingdom.� confiscation or requisition or destruction

by or under order of any Governmentor Public or Local Authority.

PART 3

Your Car -Accidental DamageWHAT IS COVEREDWe will pay for accidental damage to yourcar and its accessories and spare parts whilethey are either fixed to or in your car or inyour private garage, which is not caused byfire, theft or attempted theft.

Loss of or damage to your car under this Partof this Policy is covered whilst your car is witha member of the motor trade for its upkeep,overhaul or repair.

If your car is un-drivable as the resultof damage covered by this part of the Policywe will pay the reasonable cost of taking itfrom the scene of the incident to the nearestcompetent repairer. After repairs we will paythe reasonable cost of delivering it to youraddress in the United Kingdom.If you want, we will replace your car with anew car of the same make, model andspecification if:

� You are the first registered keeper ofyour car; and

� Your car is under 12 months old atthe time of the loss; and

� Your car suffers damage estimatedby us which is more than 60% of thecurrent list price.

If we do replace your car, your old carwill belong to us. If the exact model of car isnot available, we will pay you instead asshown in the part what do we pay?on page 7.

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We will pay up to £150 for loss or damageto audio or radio equipment, after taking offyour excess. If this equipment forms partof the original vehicle specification and wasfitted by the manufacturer or the manufact-urer’s approved dealer, the amount of coveris unlimited after taking off your excess.

WHAT IS NOT COVERED


� the total excess shown onyour schedule;

� loss of value, wear and tear, mechanical,electrical, electronic or computer failure orbreakdown;

� loss of use of your car;

� damage that occurs if the car keysare left in or on your car;

� damage to tyres by braking, punctures,cuts or bursts;

� any reduction in the value of your caras a result of it having been repaired;

� any extra cost caused by the parts orreplacements not being available inthe United Kingdom;

� confiscation or requisition or destruction byor under order of any Government orPublic or Local Authority.

PART 4 & 5

What do We pay &Breakage of Glass(PART 4)

What do we pay?At our choice we will pay:

� the cost of repairing your car; or

� the cost of replacing your car; or

� the amount of the loss of or damageto your car.

The most we will pay is the marketvalue of the vehicle immediately before theloss or damage.

If your car is under a hire purchase orleasing agreement, we will pay the ownernamed in the agreement. When we havedone this our responsibility under thecontract will end.

We will not pay more than themanufacturer’s list price for any part oraccessory (plus the reasonable cost of fitting).

If we settle the claim as a total loss, we cankeep what is left of your car(the salvage).

(PART 5)

Repair or replacementof glass

WHAT IS COVEREDIf breakage of glass in windscreen, glasssunroof and windows is covered by yourpolicy we will also pay for damage to thepaintwork of your car caused by brokenglass. If no other damage has happened, theclaim will not affect Your no claim discount.

Glass replacement/repair

Tel: 0844 561 1733

If our approved glass repairer replace theglass, cover is unlimited and you pay onlythe excess. If our approved glass repairerrepair the glass, cover is unlimited and youdo not have to pay any excess.

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WHAT IS NOT COVERED

We will not pay:

� the excess;

� more than £150, after taking off yourexcess, if the windows, glass sunroof orwindscreens are replaced by any companyother than our approved glass repairer

PART 6, 7 & 8

Personal Belongings,Personal Accident &Medical Expenses

(PART 6)

Personal Belongings

WHAT IS COVEREDWe will pay you, or at your request theowner of the property, up to £100 forclothing and personal belongings if theyare stolen or damaged while they are inyour car.

WHAT IS NOT COVERED


� money, stamps, tickets, documents orsecurities;

� goods, samples or any equipment carriedin connection with any trade or business;

� property insured under any other contractof insurance;

� theft of items carried in an open orconvertible car, unless kept in a locked boot.

(PART 7)

Personal AccidentWHAT IS COVERED

We will pay £5,000 if you, or yourSpouse or Civil Partner, or both of you areinjured as a result of an accident during theperiod of insurance, while travelling in orgetting into or out of any private motor car,and the accident results within three months in:

� death; or� loss of any limb; or� permanent loss of all sight in

one or both eyes.

The most we will pay for any one person is£5,000. we will only pay you under onecontract in any one period of insurance.

We will also pay £2,500 in respect of anyother person who dies as the direct result ofan accident while travelling in or getting intoor out of your car.

WHAT IS NOT COVERED

� Anyone who is under the age of 16 orover the age of 75.

� Death or injury caused by suicide orattempted suicide.

� Anyone who is under the influence ofalcohol or drugs at the time ofthe accident.

(PART 8)

Medical Expenses

If there is an accident and anybody in yourcar is injured, we will pay medicalexpenses of up to £200 for each personinjured. If this is the only payment we makeit will not affect your no claim discount.

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PART 9

Territorial Limitsand Green Cards

Where yourcover applies

The cover shown on the schedule to thispolicy applies throughout the UnitedKingdom and when your car is intransit within the United Kingdom orbetween ports in the United Kingdom.

In addition this policy gives the minimumcover required by law to use your car in:

� any country which is a member ofthe European Union (EU);

� any other country which theCommission of the EuropeanUnion approves as meeting therequirements of Article 7(2) of theEuropean Union Directive onInsurance and Civil Liabilities arisingfrom the use of motor vehicles(No.72/166/CEE).

Please call the administrator forclarification.

Travelling abroad -what to do

If you are going to use your car abroadand want your full policy cover, contact theadministrator to confirm the dates youwill be travelling and the countries you willbe visiting.

If you intend to tow a caravan or othertrailer please have details to hand as theymay need to be shown on the Green Cardthat we may need to issue.

When we send you a Green Card wewill extend your policy cover for foreign travelfor up to 90 days in any one periodof insurance.

We will make an administrative charge foreach Green Card or confirmation that thepolicy cover has been extended.

We will also provide cover while your caris being transported by rail, air, inlandwaterway, the Channel Tunnel or by arecognised sea route to any country wherethis insurance operates and the journey timedoes not normally exceed 65 hours.

If your car becomes undrivable as a resultof loss or damage covered by this policyWe will also pay the reasonable cost ofdelivering it to your address in theUnited Kingdom.

We will also pay customs duty if your caris damaged and we decide not to return itto this country after you make a claim onyour contract.

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PART 10

Making a ClaimIf you need to make a claim, phone theCustomer Claim Line telephone numbershown on the back cover of this policy.

Four important points tohelp you after an accident:

� make a note of the registrationnumber of any vehicles involved,and any witnesses;

� do not admit responsibility;

� ask for the names, addresses andtelephone numbers of all peopleinvolved and details of any propertydamaged;

� if anyone other than you is injuredin the accident, you must show YourCertificate of Motor insurance tothe police. If you cannot do this atthe time of the accident, take it to thepolice as soon as possible orwithin 24 hours.

PART 11

No Claim Discount

If nobody has made a claim against thispolicy during the current insurance year,we will give you a discount according tothe current scale at the time of renewal of thispolicy.

If we make a payment that you cannot getback from another person, we will reduceyour no claim discount even if you werenot to blame.

No claim discount will be reduced inaccordance with the insurer scaleapplicable at such a time and shown on theschedule.

Your no claim discount will not beaffected in the following circumstances:� if you only claim for a broken

windscreen or windows;

� if we only have to pay an emergencymedical treatment fee.

You cannot transfer your no claimdiscount to someone else.

If more than one car is insured underthis document, we will treat each carseparately for the purpose of your no claimdiscount.

Protected noclaim discount

Please see your schedule.

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PART 12

Conditions

Cancelling your Policy

The administrator or we may cancelyour policy by giving you 7 days’ noticeby letter to your last known address.

14 day ‘cooling offperiod’

You may cancel this policy within 14 daysof the start of the policy or 14 days fromreceipt of the policy documents, whichever isthe later. Please call or write to theadministrator and return YourCertificate of Motor Insurance.

Where this happens you will receive aproportionate refund of the premium paid forthe unexpired portion of the period of coverless any agreed charges detailed in theadministrator’s terms of business, unlessa total loss claim has been reported and thenthe premium in full must be paid.If this policy is cancelled following a totalloss of the insured car, and the premium isbeing paid by instalments, we may deductthe outstanding balance (including interestcharges) from the claim payment. If paymentis made to the owner of the car we willcollect separately from you theoutstanding monies.

Cancellation after14 days

A proportionate refund of any premium paid(less agreed charges) will be allowedproviding that:

� you have not claimed in the currentperiod of insurance; and

� you have paid the premium in full; and� you have returned the certificate of

motor insurance.

If you or we cancel this policy and therehas been a total loss claim during the currentperiod of insurance and the premium isbeing paid by installments, the outstandingbalance including interest charges willbecome payable by you.

If you miss a premium

If you do not pay a premium on the duedate the administrator reserves the right todeclare your policy cancelled as from thatdue date. In this context ‘due date’ willinclude the date upon which a premiuminstallment was due.

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Claims Procedure

You must:

� notify us of any accident and provideus with full details as soon as possible;

� send us any correspondence you receive(including any writ or summons) withoutdelay and unanswered;

� tell us about any future prosecution,coroner’s inquest or fatal accident inquiryinvolving anyone covered by this policy;

� not admit responsibility or make any offeror promise without our written permission;

� co-operate fully with us on all mattersconcerning the handling and settlement ofany claim.

We will take over and defend or settle anyclaim or take proceedings at our ownexpense and for our own benefit torecover any payment we have madeunder this policy.

Arbitration

If a claim has been accepted but there isdisagreement over the amount to be paid,we may refer the matter to an arbitrator inaccordance with statutory provisions. Thearbitrator must decide on the amount beforeyou can start legal action against us.

Right of recovery

The law of any country in which this contractapplies may make us pay amounts whichare not covered by this Contract. You orthe person responsible must refundthese amounts.

Law applicable to thecontract

You and we are free to choose the lawapplicable to this contract but in theabsence of agreement to the contrary the lawof the country in which you are resident atthe time of the contract will apply. If youare not resident in the United Kingdom,the law which will apply will be the law ofEngland and Wales.

Other insurance

If you have other insurance which wouldcover a claim made under this policy, wewill only pay our share of the claim. Thisdoes not apply to Personal Accident underPart 7 of this policy.

Looking afteryour vehicle

You must take all reasonable precautions to:� prevent injury, loss or damage; and� keep your car in a roadworthy

condition.

When left unattended, your car mustbe locked and secure and the ignitionkey removed.

If you do not do this, we may not paya claim.

Provisional licence

When your car is being driven by aprovisional licence-holder they must meet allthe conditions of the licence.

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Changes to yourdetails

You must tell the administratorimmediately if there are any material changesduring the period of insurance thatmight affect your insurance. These include:

� Your job (including details of anypart-time occupation);

� Your address or the address whereyou keep your car;

� what you use your car for;

� any modifications to your car.

This is not an exhaustive list and if you arein any doubt, please contact theadministrator.A charge for any change to your contractwill be made.

Changing your car

If you replace your car or get anadditional car you must tell theadministrator immediately because theonly car covered by this policy is the oneyou told us about and we accepted, asshown in your current schedule.

Governing law

We will not be liable for any proceedings orjudgement made in any court outside theUnited Kingdom, unless the judgementcomes from a court of a foreign country towhich we have agreed to extend cover.

Hire Purchase

If, to our knowledge, your car is subject toa hire purchase or leasing agreement, anypayment will be made to the ownerdescribed in that agreement whose receiptwill be a full and final discharge to us.

Car sharing

This Contract covers you using your carfor carrying passengers and receiving moneyfor social or similar purposes as long as:

� the car does not carry more than thepermitted number of persons for the car tooperate safely; and

� the passengers are not being carried aspart of a business; and

� You do not make a profit from the totalamount paid for the journey.

Keeping to theterms of this policy

We will only give cover under this policy if:

� any person claiming under it has met allthe conditions in the contract in so far asthey can apply; and

� the information given and the declarationaccepted on the Proposal Form orstatement of insurance are completeand correct to the best of Yourknowledge and belief.

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PART 13

ExceptionsThis policy does not cover:

� any injury, loss or damage occurringwhile your car is being:

a) driven by any person or used forany purpose not allowed by theCertificate of Motor Insurance;

b) driven by you, unless you hold alicence to drive your car, or haveheld a licence and are not disqualifiedfrom holding or obtaining one;

c) driven with your consent by anyone who you know does not holda licence to drive your car unlessthey have held a licence and theyare not disqualified from holding orobtaining one.

� loss of or damage to your car causeddirectly by pressure waves from aircraft orother aerial devices travelling at sonic orsupersonic speeds.

� any loss or damage caused by:

a) earthquake;

b) riot and civil commotion happeningoutside of the United Kingdom;

� any liability that you have agreed toaccept unless you would have hadthat liability anyway;

� any consequence of war, invasion, act offoreign enemy, hostilities (whether war is oris not declared), civil war, rebellion,revolution, insurrection or military orusurped power, other than as required bythe Road Traffic Acts;

� any loss or destruction of or damageto any property or any resulting loss orexpense and or any legal liability, directlyor indirectly caused by or contributed toor arising from:

a) ionising radiations or contamination byradioactivity from irradiated nuclear fuelor from any nuclear waste from thecombustion of nuclear fuel;

b) the radioactive, toxic, explosive orother hazardous properties of anyexplosive nuclear assembly ornuclear component of it.

� any accident, injury, loss or liabilityof any kind arising from the use ofany vehicle in or on any part of anaerodrome or airport, airfield orestablishment provided for thetake-off and landing of aircraft or themovement of aircraft on the surface;aircraft parking aprons including theassociated surface road and groundequipment parking areas, or thoseparts of passenger terminals of aninternational airport which comewithin the Customs examination area.These excluded areas do not includepublic car parking areas or accessroads leading to them which areopen to public use.

Fraudulent claims

If you or any other person knowingly makesa claim under this contract that is false,fraudulent or exaggerated, we will not paythe claim, all cover will end and no refund ofpremium will be allowed.

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PART 14

ComplaintsProcedure

BDML Connect, the administrator, isproud of its reputation for fairness in the waywe deal with our policy holder. However,occasionally disputes or misunderstandingscan happen. If you have any enquiry orcomplaint about us or your policy or aclaim made under it, you should first phoneCustomer Services on the telephone numberon the back cover of this policy.

Or write to...

The Quality ManagerBDML Connect LtdThe Connect CentreKingston CrescentPortsmouthPO2 8QL

Email: [email protected]

Please include your name and address tohelp us deal quickly with your enquiry.

We expect that the majority of complaints willbe quickly and satisfactorily resolved at thisstage, but if you are not satisfied, you cantake the issue further.

If your complaint is against the insurer,the administrator will provide you withdetails so that you can contact the ChiefExecutive of the insurer identified in yourcurrent schedule and Certificate ofMotor Insurance. If the insurerconcerned is a Lloyd’s Syndicate youcan contact:

Policyholder & Market AssistanceDepartmentLloyd’s Market ServicesOne Lime StreetLondon EC3M 7HA

Tel: 020 7327 5693Fax: 020 7327 5225

If the administrators or the insurer havegiven you a final response and you remaindissatisfied you may refer your case to theFinancial Ombudsman Service (FOS).

Financial Ombudsman ServiceSouth Quay Plaza183 Marsh WallLondon E14 9SR

Tel: 0845 0801800

Please note that you have six months fromthe date of the final response in which torefer your complaint to the FOS. Referral toFOS will not affect your right to take legalaction against us or the insurer.

For our joint protection, calls may bemonitored or recorded.

Financial Services CompensationScheme (FSCS)If your insurer or administrator wereunable to meet our obligations you mightbe entitled to compensation under theFinancial Services Compensation Scheme(FSCS). Further information about the Schemeis available from the FSCS website atwww.fscs.org.uk or by calling us.

For details of the Complaints Procedure forMotor Legal Protection please see Part - 15.

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PART 15

Optional MotorLegal Protection

Your policy schedule will indicate ifyou have taken out cover underthis Part of the policy.

Cover under this Part of the policyis administered by Arc LegalAssistance Limited (Arc Legal) onbehalf of the Underwriters InterPartner Assistance SA, a whollyowned division of AXA AssistanceSA and part of the Global AXAGroup

In the event of a claim, Arc Legal’spanel solicitor or their agents willbe appointed to handle your claim.You are not covered for any otherprofessional advisors’ fees unlessCourt Proceedings are issued.

Statement of Demands and Needs

This section of the policy meets the demandsand needs of those who wish to ensure thattheir legal costs are insured in eitherdefending a motoring prosecution againstthem or pursuing a claim for uninsuredlosses against another person who hascaused them to suffer such losses as a resultof an Insured Event occurring within theperiod of insurance.

DefinitionsThe following definitions apply only to thisPart of the policy:

Insured/ YouThe Insured and any person stated on thecurrent Certificate of Insurance andauthorised by the member to drive or to bea passenger in or on the insured vehicle.

Insured EventAn event causing loss or damage to aninsured vehicle or injury to an insuredperson whilst such a person is in, on,mounting or dismounting from the insuredvehicle which takes place within theterritorial limits other than events causedby mechanical failure of the vehicle duringthe period of insurance.

Insured VehicleA vehicle owned by the member andspecified under your Certificate of MotorInsurance issued in conjunction with thispolicy.

Legal CostsThe reasonable and properly incurred fees,expenses, costs and disbursements by or onbehalf of the insured and authorised by usin pursuing or defending a claim under thispart of the policy; and the costs of a thirdparty for which the insured is either heldliable by court order or are agreed by usand which are incurred in connection withlegal proceedings covered under thispart of the policy.

Legal ProceedingsThe pursuit of a claim for damages either bynegotiation or by civil, tribunal or arbitrationproceedings within a court in the territory,in respect of a matter covered under thispolicy; and the defence of a motoringprosecution within a court of criminaljurisdiction in the territory.

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PART 15 continuedLegal RepresentativeThe solicitors or other qualified expertsappointed by us to act for the insured inaccordance with condition 2 of this Part ofthe policy provided that such solicitors orexperts satisfy the following conditions:� they agree to fund all disbursements

and not to claim for the same until theend of the case; and

� they agree not to submit any claim forlegal costs until the end of the case andto try to recover all legal costs fromthe other party in the action; and

� they agree to report in writing to uson any substantive development in theprogress of the case.

Limit of CoverThe maximum amount in respect of the pursuitof uninsured losses - £50,000; andThe maximum amount in respect of thedefence of motoring prosecutions - £5,000.

There is no limit on the number of claimsmade in the period of insurance.

MemberThe person named as the policyholder on theCertificate of Motor Insurance, which relatesto this policy.

Period of InsuranceThe dates shown on your current Certificateof Motor Insurance and Schedule providedthe full Motor Legal Protection premium hasbeen paid.

Road Traffic AccidentA traffic accident in the territory involvingthe insured vehicle occurring during theperiod of insurance on a publichighway or on a private road or other publicplace for which the insured is not at faultand for which another party is at fault.

Territory/ Territorial LimitsIn the case of assistance in the recovery ofuninsured losses and legal defence - theUnited Kingdom, Eire or mainland Europewest of the Urals; and in the case ofreplacement vehicle assistance the UnitedKingdom, meaning England, Scotland,Wales, Northern Ireland, the Isle of Man andthe Channel Islands.

We/Us/OurArc Legal Assistance Limited of The GateHouse, Lodge Park, Lodge Lane, ColchesterCO4 5NE acting on behalf of theUnderwriters Inter Partner Assistance SA.

Uninsured LossesLoss arising out of a road trafficaccident where the said loss is nototherwise covered by insurance and eitherdamage occurs to the insured vehicle orany personal effects owned by the insuredwhilst such property is in or on the insuredvehicle or the insured suffers death orbodily injury whilst in or getting into or out ofthe insured vehicle.

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Note: This cover only applies whilst your motor insurance (arranged by the Administrator)remains in force.


PART 15 continued

How to notify a claimYou should call the customer ClaimsHelpline telephone number shown on theinside of the back cover of this policy withdetails of your claim.

This facility is intended to simplify and speedup the management and processing of yourclaim. we must be notified of the incidentwithin 180 days of it occurring.

Any Solicitor BDML Connect Limited referyou to comply with the Solicitors Code ofConduct 2007 published by the Law Societyand is an independent professional fromwhom you will receive impartial andconfidential advice. If you are involved inan accident that in BDML Connect Limited’sview gives rise to a possible claim forrecovery of your financial losses andcompensation for injuries that you havesuffered, BDML Connect Limited shall referyour claim to one of their panel solicitors toinvestigate whether you have a good claim,and if so to pursue it under the terms ofyour Legal Expenses Insurance Policy. BDMLConnect Limited use a panel of solicitors sothat we can monitor and ensure the qualityof legal services provided. You are free tochoose another Solicitor; however, the cost ofdoing so may not be paid by us. Inconsideration of this referral and to reflect theservices that BDML Connect Limited providethe Solicitor will pay BDML Connect Limited areferral fee of £800 if they accept yourcase. This is an arrangement strictly betweenBDML Connect Limited and the solicitor and itdoes not affect you in any way. It has noeffect on the amount of compensation thatyou may recover.

What is Covered1 We will indemnify the insured up to thelimit of cover against the legalcosts of legal proceedings incurredin connection with:

a the pursuit of a claim for uninsuredlosses directly arising from a roadtraffic accident; and/or

b the defence of a motoring prosecutionbrought against the insured inconnection with criminal proceedingsfollowing an insured event involvingthe insured vehicle. Pleas inmitigation will be supported by us attheir sole discretion and only where onconviction the insured would bedisqualified or suspended from driving.

2 We may, at our sole discretion and subjectto the duty of the insured to mitigateloss, facilitate the insured in hiring areplacement vehicle for the period that theinsured vehicle is immobilised as a resultof a road traffic accident and/orwhilst it is being repaired. You must complywith the terms and conditions of the HireCompany selected by us. The make andmodel of the replacement vehicle may varyfrom the insured vehicle.

3 We will provide a Legal Helplineproviding expert advice to the member onany personal, civil or criminal legal matter.

Telephone: 0844 770 1061 between9am and 5pm Monday to Friday.Answer phone service available outsideof these hours.

4 Authorised Vehicle Repair – we willarrange repairs to a vehicle involved in anon-fault road traffic accident, wherein their opinion or their appointed solicitor,a full recovery can be made from thenegligent party.

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What is Not Covereda Legal costs and expenses incurred

without our prior consent.

b Legal costs and expenses where there isno reasonable prospect of success.

c Claims reported to us more than 180days after the date of the incident givingrise to the claim.

d Claims where the insured fails toco-operate and/or reply to anycorrespondence connected with the claim.

e Claims directly or indirectly caused by,contributed to or arising from themalfunction or failure of any software,stored program, computer, device orsystem wholly or partly caused by orattributable to a date-based eventwhether occurring before, during orafter the year 2000.

f Costs incurred following a payment intocourt by a third party unless we haveauthorised the insured in writing tocontinue with the claim after the paymentinto court if the insured is ultimatelyawarded or settles for more than theamount of the payment in.

g Costs incurred if the insured withdrawsinstructions from the legalrepresentative or from the legalproceedings unless such withdrawalis approved by us.

h The costs or expenses of any expertwitnesses unless previously agreed by us.

i Where the insured is responsible forunreasonable delay which is prejudicial tothe claim or where the insured fails togive proper instructions in due time to usor the legal representative.

j Where the insured pursues a claimwithout the consent of us or in a different

manner from that advised by the legalrepresentative.

k We will not indemnify the Insured in anycase where the likely legal costs

exceed the value of the claim or theprobable benefit to the insured.

l Claims against us or any company orsubsidiary of our companies orsubsidiaries or claims by theinsured against any other personcovered under this policy.

m Claims relating to matters for which theinsured would, but for the existence ofthis policy, be entitled to indemnity underany other policy.

n Claims directly, or indirectly, caused by,contributed to or arising from:

i prosecutions which allege dishonestyor violence or which arise from drink ordrugs related offences or parkingoffenses;

ii any deliberate illegal act or omission ofthe Insured or any act which is false orfraudulent in any way;

iii Faults in the insured vehicle orfaulty, incomplete or incorrectservice, maintenance or repair ofthe insured vehicle;

iv a road traffic accident occurringduring a race, rally or competition.

o Claims for travelling expenses,subsistence allowances or compensationfor absence from work.

p Applications for Judicial Review.

q Legal costs, fines or other penaltieswhich a court of criminal jurisdictionorders the insured to pay.

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Motor Legal ProtectionConditions

1 We will be entitled to the full conductand control of any claim or legalproceedings. We will be entitled toappoint a legal representativewhere they regard it as necessary.

An insured person may choose analternative legal representativeonly where:

a We decide to commence legalproceedings or;

b There is a conflict of interest.

Any dispute as to the choice of legalrepresentative or the handling of theclaim will be referred to an independentarbitrator who will normally be the Presidentof the Law Society.

An insured person must not settle a claimwithout our agreement.

2 On receipt of a claim under this Part ofthe policy we will evaluate the claim,advise on the steps the insured shouldtake to pursue the claim and, whereappropriate, appoint a legalrepresentative from its approved panelto pursue the claim by negotiation.

In the event that the claim is not settled bynegotiation and proceedings arenecessarily issued, the insured does nothave to continue to instruct the legalrepresentative nominated by usand may propose another legalrepresentative.

If we and the insured are unable toagree on a suitable legal

representative, we will ask the LawSociety to name a further Legal

Representative. We and the insuredmust accept the Law Society'snomination. In the meantime, wemay appoint a Legal Representative toact on behalf of the insured tosafeguard his or her interests.

3 During the course of the claim theinsured must:

a co-operate at all times in thecompletion of any necessarydocumentation or provision ofinformation requested either by us orby the legal representative;

b not do anything which may prejudice hisor her case or our position in respect ofthe claim;

c take all available steps to recoverthe legal costs in the legalproceedings;

d notify us of any settlement offermade before accepting it.

4 During the course of the claim, wewill have the right of direct access tothe legal representative.

5 We have the right to cancel this Part ofthe policy at any time by sending themember seven days written notice ofsuch cancellation. Any such cancellationshall not prejudice any claims under thisPart of the policy occurring before thedate of cancellation.

The member has the legal right tocancel this policy within the first 14 daysfollowing receipt of the full policydocumentation. When this happens a fullrefund will be given.

If the member wants to cancel at any

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other time they may do so by writing to theadministrator of the policy. If the policy iscancelled a proportionate refund willbe given.

6 We shall not provide cover under thisPart of the policy if the insured makesa false declaration when they applyfor cover.

7 The insured shall take all reasonablesteps to prevent any occurrence that maygive rise to a claim under this Part ofthe policy.

8 The insured shall take all reasonablesteps to mitigate the losses that flowfrom a road traffic accident.

9 The insured shall forward anyaccounts for legal costs as soon asthey are received and, if required todo so by us, shall have such legalcosts taxed, assessed or audited bythe appropriate court of authority.

10 We may take over and conduct theclaim and may, subject to the interestof the insured, settle the claim in hisor her name.

11 Every written notice or communicationby us shall be sent to the insured atthe last address known to us.

Complaints ProcedureWe are proud of our reputation for fairnessin the way we deal with our policyholders.However, occasionally disputes ormisunderstandings can happen. If you haveany enquiry or complaint about us or yourpolicy or a claim made under it, you shouldfirst phone Customer Services on thetelephone number shown on the back coverof this policy.

If we are unable to resolve the matter youcan write to:

Arc Legal Assistance LimitedThe Gate HouseLodge ParkLodge LaneColchester CO4 5NEE-mail: [email protected]

Tel: 0844 770 9000

If we or the insurer have given you a finalresponse and you remain dissatisfied youmay refer your case to the FinancialOmbudsman Service (FOS).

Financial Ombudsman ServiceSouth Quay Plaza183 Marsh WallLondonE14 9SR

Tel: 0845 080 1800

Please note that you have six months fromthe date of the final response in which torefer your complaint to the FOS. Referral toFOS will not affect your right to take legalaction against us or the Insurer.

Calls may be monitored or recorded for ouradded protection and security.

CompensationIf we or your insurer were unable tomeet our obligations you might be entitledto compensation under the Financial SrvicesCompensation Scheme (FSCS). Furtherinformation about the Scheme is availablefrom the FSCS website at www.fscs.org.uk orby calling us.

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AuthorisationArc Legal Assistance Ltd is authorised andregulated by the Financial Services Authority.Their FSA Register number is 305958. Theirpermitted business is arranging with a viewto transactions in non-investment insurancecontracts, arranging (bringing about) non-investment insurance contracts, advising onnon-investment insurance contracts, dealingas an agent in non-investment insurancecontracts and assisting in the administrationand performance of non-investment insurancecontracts. You can check this on the FSA’sregister by visiting the websitewww.fsa.gov.uk/register or by contacting theFSA on 0845 606 1234

Inter Partner Assistance (IPA) is a branch ofInter Partner Assistance SA (IPA SA) based inBelgium. IPA SA is authorised by theCommission Bancaire, Financere et desAssurance (CBFA) in Belgium (their regulatoryarm) and regulated by the Financial ServicesAuthority here in the UK. Their FSA Registernumber is 202664. Their regulative activitiesare Miscellaneous Financial Loss, LegalExpenses and Assistance. IPA is a member ofthe Association of British Insurers. IPA addressdetails are:

Inter Partner AssistanceThe Quadrangle106-118 Station RoadRedhillSurrey RH1 1PR

Registered No: FC008998

Your QuestionsAnswered

This does not form any part ofthe policy and is for peace ofmind only.

I am at the scene of theaccident - what do I do?

a) Note the registration number of theother vehicle(s) involved.

b) Ask the names, addresses and telephonenumbers of the other people involved andany witnesses. Also ask for the name,address and policy number of the otherparty’s insurer.

c) Make a sketch plan of the scene of theaccident and make a note of the roadname, and the address of any propertythat has been damaged.

d) Do not admit responsibility or sign anystatement to this effect. It is appreciatedthat due to the circumstances of theincident this may cause offence to theother party involved. Your best responseis to state that your insurance policyprohibits you from admitting liabilitywithout your Insurer’s written agreement.

e) If the accident results in damage toanother vehicle, an animal or otherproperty, to comply with the Law youmust stop and give your name andaddress,and registration particulars of thevehicle (along with the owner’s name andaddress, if different) to anybody requiringthe information.

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f) If anyone other than yourself is injuredyou must show your Certificate ofMotor Insurance to the police or to anyother person reasonably asking. If youcannot do this at the time of the accident,report the accident to the Police as soon aspossible and, in any case, within 24 hours.

g) If you have caused damage to anothervehicle or property, you must also showyour Certificate of MotorInsurance to any person reasonablyrequiring you to do so.

My vehicle is disabled - whatshould I do?

If your cover is Comprehensive the reasonablecost of removal of your vehicle will form partof your claim against your Insurer, subject tothe deduction of an excess applicable. If,however, you do not have Comprehensivecover then you must make your ownarrangements to have the vehicle removed atyour own expense. If the accident was notyour responsibility then you may be able torecover the cost from the other party involved.

How do I inform my insurer ofthe accident?

Call the Customer Claim Line telephonenumber shown on the back cover of thispolicy. They will arrange for a report form to besent to you for completion and will give youinitial advice on how the claim mayproceed. If you are only reporting anaccident and do not intend to make a claimunder your policy, it is still necessary tocomplete an accident report form. You should,in these circumstances, place a tick in the boxat the top of the form to state that the accidentreport is for information purposes only.

Your QuestionsAnswered continued

As a result of the accident, myvehicle has been damaged -can I go ahead and get it

repaired?

If you have Comprehensive cover and wish toclaim under your policy, specific instructionswill be given to you when you contact theAdministrator to notify them of the accident.you should not authorise repairs without ourapproval. If you are not insured forComprehensive risks then your own damageis not covered under your policy and youare therefore free to arrange repairs, at yourown expense, at a garage of your choice. Ifthe accident was not your responsibility youmay be able to recover the cost from the otherparty involved.

I have now received a reportform - what do I do?

Ensure that you complete every question on theform - providing as much detail as possible.Date and sign the form where indicated andreturn to sender. The processing of many claimsis substantially delayed by the policyholderfailing to provide full information or omitting toinclude details requested.I have received somecorrespondence relating tothe accident - do I answerit myself?

It is a requirement of your policy to notifyyour Insurer of every letter, claim, writ,summons and any other document that you

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receive. Please forward any correspondencereceived immediately to your Insurer (do notanswer or acknowledge it). You must also tellus of any impending prosecution, coroner’sinquest or fatal accident inquiry involving anyperson insured by the policy.

The other party involved in theclaim seemed a reasonableperson, can I negotiate myclaim with them?

No, you should not enter into any negotiationyourself with Third Parties relating to any claimwhich you are making under your owninsurance policy.

My vehicle has now beenrepaired and the garage hasasked me to pay them thePolicy Excess - should I paythem?

Yes, but only if you are satisfied with thequality of the repair. You should always obtaina receipt as this will be required if a claim foruninsured losses is to be pursued.

Am I entitled to hire a vehiclewhilst my vehicle is off theroad?Not under your policy. If the accident is thefault of someone else and you feel it isnecessary to hire alternative transport then itmay be possible to recover your outlayagainst the other party. Just because someonedamages your vehicle it does notnecessarily mean you can go out and hireanother vehicle at their expense.

Your QuestionsAnswered continuedWill the accident affect my ‘No

Claim Discount’?

It is important to appreciate that your Insurerprovides a ‘no claim discount’ - not a ‘no blamediscount’ - for example, if your vehicle isparked and is hit by another vehicle whosedriver leaves the scene without providing hisname and address then unfortunately if youmake a claim under your policy (except forwindscreen/glass breakage) your entitlementto a ‘no claim discount’ will be affected.However, this would not have been so if yourInsurer had been able to recover their outlay infull from the guilty party. If you enjoy ‘no claimdiscount protection’ under your policy yourentitlement will not be affected provided youhave not exceeded the permitted number ofclaims. You should refer to the ‘no claimdiscount’ clause on your policy scheduleand if you are in any doubt please ring theAdministrator.

My windscreen has beensmashed - how can I arrangefor a replacement?

Provided that windscreen/glass is covered byyour policy you can:

a) Contact our approved glass repairer for areplacement (refer to Part 5 of this policy). Youwill be required to pay the excess and ourapproved glass repairer will invoice yourInsurer for the balance. This excess is notpayable if the glass is repaired and notreplaced.

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b) Pay for the repair/replacement and claimback the cost, less the excess from yourInsurer. If you chose not to use our approvedglass repairer then you must obtain a claimform from the administrator and then sendthis to your Insurer, fully completed, togetherwith the receipted account forrepair/replacement. Your Insurer will thenreimburse, less the excess, up to a maximumvalue of £150 in respect of any oneoccurrence.

My insurer tells me my vehicleis a ‘write-off’ - how muchshould I settle for?

Many people think that if their vehicle is a‘write-off’ they are entitled to sufficient money tobe able to purchase a similar vehicle from theMotor Trade. In fact, the basis of motorinsurance ‘write-off’ payment is for the Insurer topay the Insured the amount of money that couldhave reasonably been expected for the sale ofthe vehicle on the open market immediatelyprior to the damage occurring. If, however,your vehicle is within one year of its firstregistration by you please refer to your motorinsurance policy. With certain Insurers yourentitlement is limited to themarket value ofyour vehicle. If this limit applies then yourpolicy schedule will have been endorsedaccordingly.

The damage to my vehicle isnot severe - should I claim?

There are many considerations which youshould take into account - such as the policyexcess which will be deducted, the potentialloss of your ‘no claim discount’, whether ornot the other party is going to claim againstyour policy - which may affect your discountentitlement. You have a duty to inform the

administrator of the incident and if youhave any doubts over whether you shouldclaim or not this would be an opportune time todiscuss it with them.

Your QuestionsAnswered continued

Who will assist me to recovermy ‘uninsured losses’?

An ‘uninsured loss’ is as it sounds - a losssustained for which you carry no insurance.Examples of these are: your excess under aComprehensive motor policy, damage causedto your vehicle by another party when youdo not have Comprehensive cover and the hireof another vehicle whilst yours is beingrepaired.

In the event of a non-fault accident details ofyour claim will automatically be passed toour solicitors and hire and repair provider toenable them to deal with your claim

In addition a Legal Helpline is available to youfor advice on any private legal problem bytelephoning 0844 770 1061. There isnothing to pay beyond the cost of the call.

In the first instance, do I haveto pay for my ‘uninsuredlosses’?

Yes. You cannot attempt to recover monies thatyou have not spent. We recommend that youkeep these expenses to an absolute minimum asyou may have to establish in Court that theyare fair, reasonable and necessary. Justbecause someone else damages your vehicle

25


26

it does not necessarily mean that you can goout and hire another vehicle at his or herexpense. If it is absolutely necessary to hireanother vehicle you should not hire analternative vehicle of similar quality whenanother vehicle at lower hiring costs will satisfyyour needs in the short term.

You should also keep the period of hire to anabsolute minimum.

Note: If you have any problems orenquiries please contact theAdministrator on their CustomerClaim Line telephone number shownon the back cover of this policy.

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Useful numbers

Customer service 0844 561 1583Claims 0844 335 0468Renewals 0844 335 1527

Opening Hours:Monday to Friday 8.00am to 8.00pm,

Saturday 9.00am to 5.00pm

Glass Helpline 0844 561 1733

www.argos.co.uk/financialservices

Call 0800 015 4836Quoting code HAX014

www.argoshomeinsurance.co.uk

Call 0800 422 0381Quoting code TAX013

Choose from a range ofinsurance and creditproducts from Argos

www.argos.co.uk/financialservices

January 2010 - Version:5.1

Save 5% atwww.argostravelcover.co.uk

Call 0800 422 0380Quoting code PAX014

www.argospetinsurance.co.uk

Pet

Call 0845 640 0701Quoting code SC001www.argos.co.uk

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