
LINK MOTOR INSURANCEPRIVATE CAR POLICYINDEX Page
Page 1 Guidance Notes (GN)
This document is a legally binding contract of insurance between you (the insured) and us (Link Insurance at Lloyd's). The contract is based on the information you provided in your signed proposal form or statement of fact. We have agreed to insure you under the terms, conditions and exceptions contained in this document or in any endorsement applying to this document. The insurance provided by the document covers any liability, loss or damage that may occur during any period of insurance for which you have paid, or agreed to pay the premium. Unless specifically agreed otherwise, this insurance shall be subject to English Law. This document has been issued by Link Insurance at Lloyd's under the authority granted by the Lloyd's Insurance Intermediaries Bye-law 1990. Signed Underwriter
(GN) Important
Page 2 Definitions (GN) The words or phrases shown below have the same meaning whenever they appear in the document and in the Certificate of Motor Insurance, Schedule and Endorsements. Link Insurance at Lloyd's
We/us/our
You
The Schedule
This document is not effective unless accompanied by a schedule which correctly and fully identified:- You, your address, where the insured car is kept, your occupation both full and part time, the insured car, the terms of your insurance cover and the period for which cover operates. The Certificate of Motor Insurance also identifies the insured car, the persons who are insured to drive and the uses for which the car is insured. The Insured car
Certificate of Motor Insurance
Page 3 Proposal form or Statement of Fact
Broker
Endorsements
Excess
Period
Market Value
Roadworthy Condition
Page 4 Section 1: Liability to other people
(GN) This section shows the cover provided to certain categories of people allowed to drive the insured car. Where you are towing a trailer, the trailer is only covered for claims made against you. We will cover the categories of people listed below for their legal liability for death, bodily injury or damage to property caused by the use of the insured car or an attached trailer:-
Exceptions (GN) This part explains where cover does not apply We shall not be liable -
(GN) We do not have to provide cover or settle claims under this section if any person claiming under this insurance can claim for the same loss from any other insurance. Page 5 Legal Costs (GN) We will pay legal costs and expenses that have been incurred with our consent. We will pay (with our written consent):-
Emergency Medical Treatment (GN) We must provide this cover by law. We will pay emergency treatment charges required by the Road Traffic Acts and if this is the only payment we make, it will not affect your no claims discount. Driving Other Cars (GN) Important: This does not cover any loss or damage to the car you are driving. We will provide this cover (if this is specified in your Certificate of Motor Insurance) to you, any passenger, any person and legal representatives while you are driving, with the owner's consent, any private motor car which is not owned by or hired to you under a hire purchase agreement, provided you are not covered by any other insurance and the car you are driving is in a roadworthy condition. Driving other cars cover will not operate -
Page 6 Section 2: Loss of or damage to the Insured car Comprehensive
We will cover you against loss or damage (less any excess that applies) to the insured car, including fitted accessories caused by: - accidental or malicious damage and vandalism, fire, lightning, self-ignition and explosion, theft or attempted theft. Audio and telephone equipment
We will pay an amount no greater than £250 (less any excess that applies) in respect of any one occurrence for loss or damage caused to permanently fitted audio and telephone equipment. Under this section we may either: -
pay for the damage to be repaired
The most we will pay will either be: - the market value of the insured car immediately before the loss, including its accessories,
(GN) The market value of the insured car in the event of a total loss will be based upon Glasses Guide. The insured car then becomes our property. Page 7 (GN) We will not pay the cost of any repair or replacement which improves the insured car. We will not pay the cost of any repair or replacement which improves the insured car, or its accessories, to a better condition than they were in before the loss or damage. If this does happen, you must make a contribution towards the cost of repair or replacement. Repairs and Recoveries
(GN) If the insured car cannot be driven after an accident, we will pay the cost of removing it to the nearest repairer. Page 8 Section 2: Loss of or damage to the insured car (GN) Under this section we will provide cover when you car suffers loss of damage (less any excess you must pay) caused by the events shown below. Third Party Fire and Theft
Fire, lightning, self-ignition, explosion, theft or attempted theft. (GN) Accidental damage, malicious damage and vandalism are not covered Under this section we may either: pay for the damage to be repaired
The most we will pay will either be: The market value (Total Loss) of the insured car immediately before the loss including its accessories and spare parts
We will not pay the cost of any repair or replacement which improves the insured car or accessories to a better condition than they were in before the loss or damage. (GN) We will not pay the cost of any repair or replacements which improve the insured car. If this does happen you must make a contribution towards the cost of repair or replacement. When reporting a claim under this section please use our 24 hour claim line on 0800 716 587. Page 9 Excesses (GN) An excess is the amount you must pay towards a claim for loss or damage to the insured car or accessories (where applicable). If an excess is shown in this document or the policy Schedule, you have agreed to pay that amount for each and every incident of loss or damage (other than by fire, lightning, explosion or theft, or attempted theft). You will be responsible for the first £100 of any claim for loss or damage by fire, theft or attempted theft, or unless the incident giving rise to a claim occurs when the insured car is in a locked garage. (GN) This excess applies to claims involving fire, theft or attempted theft. Young and inexperienced driver excesses (GN) These excesses apply in addition to any other excesses in respect of accidental or malicious damage and vandalism. Young and inexperienced driver excesses apply in addition to other excesses which you may have to pay. Drivers
Page 10 Exceptions to Section 2 (GN) There are certain circumstances which are not covered and these are indicated below. This section of your insurance does not cover the following:
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(GN) You must take all reasonable measures to avoid loss or damage.
(GN) You must lock your car and remove your ignition key when leaving your car unattended for even a short time, e.g. at a petrol station.
Page 12 Section 3: Extra Benefits This section does not apply to Link Basic Policies. This section applies only if the scope of cover in the schedule is comprehensive. Personal Accident (GN) This section provides benefits for both you and your husband, or wife, after death or serious injury involving the insured car. We will pay the following amounts if you or your wife or husband accidentally receives an injury, as detailed below which, independent of any other cause and within 3 months of the accident, results in:
Payment will only be made where the injury or death is directly connected with the insured car or while getting into or out of, or travelling in, any private motor car. (GN) The cover also applies when either of you are travelling in any private motor car. We will make payment to you or your legal representatives. Payment made under this section will be limited in the aggregate to £5,000 in any one year of insurance. (GN) Payment is limited to a maximum of £5,000 in any one year of insurance. This personal accident benefit does not apply to:
Page 13 Personal Belongings (GN) Personal belongings in your car are covered up to an amount of £100. We will pay a total amount no greater than £100 (less any excess that applies) for personal belongings while in the insured car, if they are lost or damaged because of an accident, fire, theft or attempted theft or by malicious means. Personal belongings cover does not apply to:
Medical Expenses We will pay up to £100 per person for medical expenses of anyone who is injured while they are in the insured car. Windscreen Damage (GN) This section provides cover for damage to glass in the windscreen or windows. We will pay the cost of repair/replacement of broken windscreens or windows, without loss of No Claims Discount providing this is carried out by our approved replacement service. Replacement by other means is limited to payment of £100 in any one year of insurance, without loss of No Claims Discount. (GN) An excess of £50 applies to this cover. (GN) An excess does not apply if windscreen repair is undertaken. You will be required to pay the first £50 of each claim under this subsection. Claims for windscreen repair are not subject to an excess. Page 14 Section 4: General Terms No Claims Discount If nobody makes a claim under your insurance during the insurance period, we will give you a discount when you renew your insurance. The discount you will receive will depend on the No-claim discount we are using when you renew your insurance. (GN) This is a 'no claims discount' and not a 'no blame discount' If a claim is made under your insurance in any period, we will reduce the discount you receive. (GN) If you make a claim for an event which is not your fault and we have to make a payment, this will affect your no claims discount unless we can recover our outlay in full from the responsible party. If two or more claims are made in any one period of insurance you will lose all your No-claims Discount. If more than one car is covered by this insurance, we will assess each car individually. Your No-claims Discount will not be affected in the following circumstances: -
Right of Recovery You will pay us any amounts which, because of your use or your permitting any other person to use the insured car or any vehicle without insurance cover, we pay in any of the following situations: (GN) We may recover our expenses if we have to pay a claim which this insurance would not normally cover.
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Page 16 Section 5: Foreign use of the Insured car (GN) This section describes the cover available if you take your vehicle abroad. If you wish to go abroad, we may ask for an extra premium and agree to extend the cover for your car so that the following benefits apply: Insurance cover - This insurance is extended to apply to claims occurring: (GN) Unless we agree to extend your insurance, the cover is limited to the minimum cover you need under the law of the relevant country.
(GN) When travelling abroad, please apply to us before your trip and we will normally agree to extend your cover. The extended insurance will then cover you in the countries which we have agreed to provide cover in, and when your vehicle is travelling by rail or sea between those countries. We will pay the reasonable cost of delivery of the insured car to you after repairs in the country in which damage was sustained, or to your home address if the damage cannot be repaired economically by the intended time of your return to the United Kingdom or if the car is stolen and recovered after your return to the United Kingdom. We will also pay the amount of foreign customs duty for which you are liable as a direct result of loss or damage to the insured car preventing its return to the United Kingdom. (GN) If your vehicle suffers any loss or damage that is covered by this insurance and the vehicle is in country where you have cover, we will refund any customs duty you pay to temporarily import your vehicle.
The Insurance shall also apply but only in respect of liability which is compulsorily insurable in the country concerned while the Insured Car is in any country which is a member of the European Community and any other country in respect of which the Commission of the European Community is satisfied that arrangements have been made to meet the requirements of Article 7(2) of the E C Directive on insurance of civil liabilities arising form the use of motor vehicles (no. 72/166/CEE). DRIVING OTHER CARS COVER shall not apply. Page 17 Section 6: General Exceptions THESE GENERAL EXCEPTIONS APPLY TO THE WHOLE OF THE INSURANCE (GN) Throughout this insurance you have seen exceptions which apply to each section. These general exceptions apply to all sections. Your insurance does not cover 1. Any liability, loss or damage arising while any car covered by this insurance is being:
(GN) You must hold a valid UK driving licence and you should make sure the people you allow to drive also have a valid driving licence and are not disqualified. (This exception will not be interpreted to exclude claims for which we are otherwise liable under Section 2 of this insurance caused by theft of attempted thereat or any offence under Section 12 of the Theft Act 1968 - driving away without the owner's consent - or arising while the car is in custody of a garage for repair or servicing.) 2. Any liability, loss or damage that occurs outside the United Kingdom (apart from minimum cover provided by Section 1) unless extended by the terms of Section 5: Foreign Use. 3. Any liability you have accepted under an agreement or contract unless you would have had that liability anyway. (GN) This insurance does not extend outside the United Kingdom, apart from the minimum cover provided by Section 1 (Compulsory cover in the EU) Page 18 4. Any legal liability of whatsoever nature, directly or indirectly caused by or contributed to or arising from: (GN) Accident injury, loss damage consequential loss or legal liability occurring as a result of the items below, are not covered.
5. Any consequence of war, invasion or act of foreign enemy hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power. 6. Death, bodily injury, loss, damage and/or liability arising during (unless You prove that it was not occasioned thereby) or in consequence of
occurring elsewhere than in Great Britain, the Isle of Man or the Channel Islands. Liability in respect of: -
7. Loss or damage by pollution or contamination, however caused, other than as required by the Road Traffic Act. Page 19 Section 7: Jurisdiction Clause We will not be liable for: Any proceedings brought against you or judgement passed in any court outside the United Kingdom, unless the proceedings or judgement arises out of your vehicle being used in a foreign country which we have agreed to extend this insurance to cover. (GN) We will not cover proceedings brought or judgements passed in any court abroad unless we have agreed to extend this insurance to cover that country Page 20 Section 8: General Conditions We will only provide the cover described in this insurance document if: (GN) Once you have asked us to deal with a claim under this insurance we have the right to conduct the negotiations as we see fit. 1. anyone claiming protection has met all the conditions in this document.
WARNING - If You or anyone acting on your behalf knowingly commit a fraudulent act or submit a fraudulent document or make a fraudulent statement or exaggerate your claim, we will not pay the claim and cover under this insurance will cease immediately. You will not be entitled to any refund of premium. 2. You or any permitted driver are required to maintain the Insured Car in a roadworthy condition. You or any person in charge of the Insured Car are required to take all reasonable care to safeguard it and its contents from loss or damage.
Page 21 3. In the event of any Accident or Claim:-
No admission of liability, payment or promise of payment shall be made, or given by, or on behalf of, any person claiming to be indemnified. We shall be entitled to take over and conduct, in the name of that person, the defence or settlement of any claim, or to prosecute any claim in the name of that person. No proceedings shall be commenced against a third party without our written consent. We shall have discretion in the conduct of any proceedings or in the settlement of any claim and shall be given whatever information and assistance we require. 4. If the insured car sustains damage you should, as soon as possible, take all steps to safeguard the car and its contents and arrange for the removal of the car to the nearest competent repairer, approved repairer or nearest place of safety. You shall as soon as possible telephone our Claims line on 0800 716 587. We have the right to remove the insured car at any time. If the vehicle is damaged beyond economical repair we will arrange for it to be stored safely at premises of our choosing. Page 22 (GN) Cancelling your insurance and the amount of return premium you may expect. 5. We or our duly authorised agent may cancel this insurance by giving not less than seven days notice from the date of a letter to your last address notified to us. You must return the current Certificate of Motor Insurance to us within seven days to comply with the Road Traffic Act. When we have received the certificate, if there has not been a loss or incident likely to lead to a claim during the period of insurance, we will refund a proportionate amount of the premium for the unexpired period of insurance. When cancellation follows your failure to pay the full premium, the premium returned to you will be after deduction of premium at our short period rates for the time the insurance has been in force. You or your duly authorised agent may cancel this insurance on return of the current Certificate of Motor Insurance and, provided that there has not been a loss or incident likely to give rise to a claim during the period of insurance, you may be entitled to a return of premium at our short period rates for the time the insurance has been in force. 6. Short Period Rates
Page 23 7. Arbitration
8. If you have any questions or complaints about your insurance, please contact your broker or agent to discuss the problem. (GN) We aim to provide you with a high standard of service, but if you need to make a complaint this information explains exactly how to proceed. If you are not satisfied with his or her answer, please write, quoting your document number shown in the schedule, to: The Underwriter
If you are still not satisfied, you can ask the Complaints and Advisory Department at Lloyd's to review your case (this would not affect your rights to take legal action if necessary). The address is: Lloyd's Complaints Dept
Lloyd's is a member of the Insurance Ombudsman Bureau. Page 24 Schedule of Endorsements These Endorsements shall not apply unless the number set against them appears in the schedule as "endorsement(s) attaching to and forming part of this insurance". (GN) An endorsement alters the cover provided by either all or part of your insurance. An endorsement only applies if the number of the endorsement appears in your schedule under "endorsement attaching". Endorsement 1: Accidental Damage Excess Clause You will pay the first amount shown in the schedule in respect of any claim for loss of or damage to the Insured Car and/or its accessories and spare parts unless the loss or damage is caused by fire, lightning, or explosion or by theft or attempted theft. You shall repay us any amount not exceeding the aforementioned sum for which we make payment for any claim under this insurance. The expression "claim" shall mean a claim or series of claims arising out of one cause. Endorsement 5: Excluding Personal Accident Benefits Section 3: Sub-section A: Personal accident to the insured Spouse of this insurance is cancelled. Endorsement 8: Section 6 The definition of "Insured" car in the policy schedule reads as follows: Any motor vehicle in respect of which a Certificate of Insurance bearing this policy number has been issued and remains in force. Endorsement 11: Guaranteed Bonus Endorsement 1. You will pay the first £50 in respect of any claims under section 2 of this insurance for loss of or damage to the insured car and/or its accessories and spare parts other than:
The expression "claim" shall mean a claim or series of claims arising out of one cause. 2. It being a condition of this insurance that You at inception had earned a maximum No Claims Discount, the paragraph headed "No Claims Discount" of section 4 of this policy is cancelled and the premium for this insurance shall be calculated according to the rates in force which take into account this entitlement to a maximum No Claims Discount. This entitlement shall continue regardless of any claim for so long as we shall agree to accept the premium for this insurance. Page 25 Endorsement 13: Increased Radio Limit The amount referred to in Section 2: Audio & telephone equipment is increased to the amount shown in the Schedule. Endorsement 14: Excluding Driving By A Named Person This insurance shall be inoperative whilst the insured car is being driven by or is for the purpose of being driven in the charge of the person named in the schedule. Endorsement 15: Firms Insurance The following items of insurance cover are cancelled: (a) Section 1: Driving other cars
Endorsement 17: Drink/Drugs If the person named in the schedule is involved in an accident and is thereafter found to be unfit at the time through drink or drugs or is found by laboratory test or post mortem examination to have consumed alcohol in such quantity that the proportion in his/her blood excels the limit by virtue of the Road Traffic Act 1972 or superceeding legislation, we shall not be liable under this insurance except in respect of those liabilities against which insurance is required by the Road Traffic Act. We shall not be liable to pay the first amount shown in the Schedule of any claim under this Insurance when the vehicle is being driven by the above named person or is for the purpose of being in charge of that person. This amount shall be deducted from any amount payable under Section 1 of this insurance. You will repay to us any amount not exceeding the aforementioned sum which we pay in respect of any claim under this insurance. The word "claim" shall mean a claim or a series of claims arising out of any one incident. Page 26 Endorsement 23: Link Ladies Policy Increased Personal Accident Benefits We will pay compensation on the following scale if You shall in direct connection with the Insured Car sustain bodily injury which, independently of any other cause and within three months of the accident, results in Total Disablement which entirely prevents you from attending to all Your usual household and family duties and to Your business occupation.
Provided that (a) compensation payable under this extension of cover shall be limited in the aggregate to £5,000 in any one year of insurance (b) We shall not be liable for any intentional self injury or suicide or attempted suicide or injury arising from natural disease or sustained while under the influence of drugs or intoxicating liquor (c) In the event of any accident which causes, or may cause, Total Disablement, as defined above, You must as early as possible place yourself under the care of a duly qualified medical practitioner. The permanence and/or degree of disability shall be determined by mutual agreement between You and Us. A medical advisor appointed by Us shall be allowed to see You as often as deemed necessary to make an examination of You. In the event of any dispute, an examination shall be conducted by two medical referees, one being chosen by each of the parties. If those referees fail to agree they shall appoint a mutually acceptable independent umpire whose written decision shall be final and binding upon both parties. Subject otherwise to the terms, General Exceptions and Conditions of this Insurance. Endorsement 31: Accidental Damage Excess-Named Drivers You will pay the first amount shown in the Schedule otherwise payable in respect of loss or damage to the insured car and/or its accessories and spare parts unless the loss or damage is caused by fire, lightning or explosion or by theft or attempted theft whilst the Insured car is being driven by or is for that purpose in the / continued on page 28. Page 27 charge of the named person in the Schedule. You will repay to us any amount not exceeding the aforementioned sum for which we make payment in respect of any claim which may be the subject of Indemnity under this insurance. The expression "claim" shall mean a "Claim" or series of claims rising out of one cause. Endorsement 35: Incorporated into Document The signed proposal form or statement of fact made by the policy-holder and dated as shown in the Schedule is incorporated in and is additional to the contract of insurance. Endorsement 36: Inoperative Period Between the dates shown in the Schedule this insurance was not operative on the vehicle described in the policy Schedule. Endorsement 39: Wheels/Tyres We will pay for loss of or damage to the wheels and/or tyres of the insured vehicle up to an amount that does not exceed the cost or replacing those wheels and tyres fitted as standard by the vehicle manufacturer Endorsement 40: Fire and Theft Excess Clause You will pay the first amount shown in the Schedule otherwise payable in respect of any claim for loss of or damage to the Insured Car and or its accessories and spare parts. You shall repay Us any amount not exceeding the aforementioned sum for which We make payment in respect of any claim, which may be the subject of indemnity under the Insurance. The expression "claim" shall mean a claim or series of claims arising out of one cause. Endorsement 41: Immobilizer It is a condition of the policy that a recognised ignition immobilizer is fitted to, is working, and, when necessary, operated in respect of the Insured vehicle. Endorsement 42: Agreed Value In the event of the total destruction or loss of the insured vehicle the maximum amount payable by Us will be the current agreed value for the vehicle according to the records of the appointed agent provided that such a valuation is in force. Page 28 Endorsement 43: Limited Mileage The premium for this insurance has been reduced as You have declared that the Insured car will only cover an aggregate mileage not more than that shown in the schedule during one period of insurance. If the mileage does exceed the aggregate in the period of insurance We will not be liable under this policy in respect of any claim unless You have notified us immediately such mileage has been exceeded and any additional premium has been paid to Us. Under Section 8: General Exceptions subsections 5 and 6 the paragraph is cancelled and replaced by the following:- We, or our duly authorised agent, may CANCEL this insurance by giving not less than seven days notice from the date of despatch of a letter to your last address notified to Us. On the return of the current Certificate of Motor Insurance we will refund a proportionate amount of the premium for the unexpired Period of Insurance. When such cancellation follows your failure to pay the full premium, the premium returned to you will be after deduction of premium at our short period rates for the time the insurance has been in force. You or your duly authorised agent may cancel this insurance and on return of the current Certificate of Insurance, and provided that there has not been a loss or accident likely to give rise to a claim during the Period of Insurance - You may be entitled to a return premium for the time the insurance has been in force. When insurance is cancelled You are required to return to us immediately the current Certificate of Motor Insurance in accordance with Section 147 of the 1988 Road Traffic Act or the equivalent of any superseding legislation. It is drawn to your attention that short period rates will apply where cancellation is effected either by you or on your behalf. Time on risk charges and returns on cancellations are calculated at the following proportions of the annual premium:-
Page 29 Endorsement 44: Parts Only We shall only pay under Section 2 of this insurance the costs of the essential replacement of parts required to repair the Insured car and not any labour charges. Endorsement 45: Accidental Damage, Fire and Theft Excess You will have to pay the first amount shown in the Schedule otherwise payable in respect of any claim for loss or damage to the Insured Car and/or its accessories and spare parts. You shall repay to Us any amount not exceeding the aforementioned sum for which we make payment for any claim under this Insurance. The expression "Claim" shall mean a claim or series of claims arising out of one cause. Endorsement 49: Garaging In respect of claims arising from theft, malicious damage or any attempt thereat between the hours of 23:00 and 06:00 when the vehicle is parked. 1. At or within a three mile radius of either the insured's private dwelling or any other address where the vehicle is kept, cover is excluded unless the vehicle is in a secure locked private garage. 2. Outside a three mile radius or the Insured's private dwelling or any other address where the vehicle is normally kept, the excess referred to in Section 2: Exceptions (a2) is doubled unless the vehicle is in a secured locked garage. Endorsement 50: Link Basic Policy 1. You will pay the first £100 in respect of any claims under Section 2 of this insurance for loss or damage to the insured car and/or its accessories or spare parts The expression "claim" shall mean a claim or series of claims arising out of one incident. 2. We shall not be liable for loss or damage to radio sets, citizen band radios, telephones, television sets, tape recorders, cassette players, other forms of in car entertainment and similar apparatus and their accessories. 3. Section 3: Extra Benefits, all subsections are cancelled. Page 30 Endorsement 51: Theft of Car Claims for loss of or damage to the Insured Car by theft and removal of entire Insured Car is excluded until such time as an approved Immobiliser is fitted. Endorsement 52 1. You will pay the first £100 in respect of any claims under Section 2 of this insurance for loss or damage to the Insured Car and/or its accessories and spare parts. The expression "Claim" shall mean a claim or series of claims arising out of one incident. 2. Section 2: Comprehensive Audio and Telephone equipment
3. Section 3: Extra Benefits
4. Section 8: General Conditions
Page 31 after deduction of premium at our short period rates for the time the Insurance has been in force. When Insurance is cancelled you are required to return to us immediately the current Certificate of Motor Insurance in accordance with Section 147 of the 1988 Road Traffic Act or the equivalent requirement of any superseding legislation. It is drawn to your attention that short period rates will apply whether cancellation is effected by you or on your behalf. Time on risk charges and returns on cancellations are calculated on the following proportions of the annual premium:-
Endorsement 53: Excess in All It is noted and agreed that the Young and New Drivers Excess shown in this policy document will not apply in addition to the excesses shown in Endorsement number 45 attached to the policy. Page 32 |