6 PDF
6 PDF
6 PDF
Insurance
Policy
1
CONTENTS
Page
Your Aviva policy 3
How to get help 4
Need to make a claim? 5
Definitions 6
Some cover sections under this policy are optional and do not apply unless shown in your schedule.
Some cover sections or parts of cover sections are not applicable to Third Party, Fire and Theft insurance.
Cover Comprehensive Third Party,
Fire & Theft
Section 1 Loss of or damage to your vehicle ✓ Fire & Theft only 7
Vehicle recovery and journey
✓ Fire & Theft only 7
continuation
New vehicle replacement ✓ ✘ 7
Child seats ✓ ✘ 8
Repair guarantee ✓ Fire & Theft only 8
Excesses ✓ ✓ 8
Courtesy vehicles Optional Not available 9
Section 2 Your liability ✓ ✓ 10
Emergency treatment ✓ ✓ 11
Legal costs ✓ ✓ 11
Liability of other persons driving or using
✓ ✓ 11
your vehicle
Duty of care – driving at work, legal costs ✓ ✓ 11
Driving other cars (Third Party only) ✓ ✘ 12
Section 3 Motor Injury Protection ✓ ✘ 13
Motor Injury Protection Plus Optional Not available 14
Section 4 Medical expenses and services ✓ ✘ 14
Section 5 Vehicle recovery in the event of illness ✓ ✘ 15
Section 6 Personal belongings ✓ ✘ 15
Section 7 Tool cover ✓ ✘ 16
Section 8 No claim discount ✓ ✓ 16
Protected no claim discount Optional Optional 16
Section 9 Glass ✓ ✘ 17
Section 10 Continental use – Compulsory insurance ✓ ✓ 18
Extending your continental use cover Optional Not available 18
Section 11 Replacement locks ✓ ✘ 19
Section 12 Motor Legal Optional Optional 19
General Exclusions that apply to the whole policy 24
General Conditions that apply to the whole policy 25
2
YOUR AVIVA POLICY
Information and changes we need to know about
You must take reasonable care to provide complete and accurate answers to questions we
ask when you take out, make changes to and renew your policy (please see the document
headed ‘Aviva Motor Important Information’ for more information).
cancel within the 14 day cooling off period (before cover has started) No fee
cancel within the 14 day cooling off period (after cover has started) £38*
cancel after the 14 day cooling off period has ended £38*
call you to make a change (no fee for changes made online) £18*
*Plus Insurance Premium Tax at the appropriate rate.
KEY
These boxes highlight
These boxes give
information we want to These boxes highlight what
you additional
particularly draw your your policy does not cover
helpful information
attention to
3
HOW TO GET HELP…
Claims Contact Opening hours
Motor claims in the UK Go online at Aviva.co.uk/make-a-claim
or call 0345 030 6925. Please always
call if you need urgent help
Motor claims in Europe (00 44) 160 360 3047 24 hours a day
Motor Legal claim 0345 030 6925
Motor Legal advice 0345 300 2970
Complaints about a claim* 0345 030 6925
Customer services
Questions or changes to your 0345 030 6984
policy or the information you’ve or make your changes online at
given us Aviva.co.uk/make-a-claim
8am – 8pm
Complaints* 0345 030 6984
Monday – Friday
alternatively write to us at
Cruan Business Centre, Westerhill
8.30am – 5pm
Business Park, 123 Westerhill Road,
Saturday
Bishopbriggs, Glasgow G64 2QR
* For details of our Complaints procedure please see ‘What to do if you are unhappy’ in the document headed
‘Aviva Motor Important Information’.
4
NEED TO MAKE A CLAIM?
What to do if you or your vehicle is involved in an incident:
It is important to contact us quickly, even if there is no damage to the vehicle(s) or property
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5
DEFINITIONS
Wherever the following words or phrases appear in bold in this policy booklet, they will have the
meanings described below.
Approved repairer A facility approved by us for the repair, damage assessment and/or storage of
your vehicle.
Certificate of motor insurance The current document that proves you have the motor
insurance required by the Road Traffic Acts to use your vehicle on a road or other public place. It
shows who can drive your vehicle, what it can be used for and whether any permitted drivers are
allowed to drive other vehicles. The certificate of motor insurance does not show the cover provided.
Fire Fire, self-ignition, lightning and explosion.
Market value The cost of replacing your vehicle with one of the same make, model, specification
and condition.
Partner The husband or wife or the domestic or civil partner of the principal policyholder and/or the
vehicle policyholder, living at the same address and sharing financial responsibilities. This does not
include any business partners or associates.
Period of insurance The period of time covered by this policy, as shown in your schedule, or until
cancelled. Each renewal represents the start of a new period of insurance.
Persons insured
Principal policyholder The person who has entered into this contract of insurance on behalf of
themselves and on behalf of each vehicle policyholder and/or named driver.
Vehicle policyholder Person nominated by the principal policyholder as being the main
user of any vehicle insured under this policy as described in your schedule, providing the
certificate of motor insurance allows that person to drive the motor vehicle. Where the vehicle
policyholder is the owner/registered keeper of the vehicle any benefits which may be due
under Sections 1, 3, 6, 7, 9 and 11 may be paid, at our discretion to them instead of the principal
policyholder named in your schedule.
Named driver Person nominated by the principal policyholder as being a user (but not the
main user) of any motor vehicle insured under this policy as described in your schedule, providing
the certificate of motor insurance allows that person to drive the motor vehicle (Named drivers
are not entitled to benefits provided under Section 2 – Driving other cars).
Territorial limits Great Britain, Northern Ireland, the Channel Islands and the Isle of Man.
Theft Theft, attempted theft or taking your vehicle without consent.
We/us Aviva Insurance Limited and any representative appointed by us to act on our behalf.
Your vehicle Any motor vehicle described in your schedule and any other motor vehicle for which
details have been supplied to us and a certificate of motor insurance bearing the registration mark
of that motor vehicle has been delivered in accordance with the Road Traffic Acts and remains effective.
Any motor vehicle loaned to a permitted driver as shown on your certificate of motor insurance by a
supplier we have nominated following a claim under the policy (applicable to Comprehensive cover only).
Any motor vehicle not exceeding 3.5 tonnes gross vehicle weight loaned to a permitted driver as
shown on your certificate of motor insurance for up to seven days by a garage, motor engineer or
vehicle repairer while the motor vehicle described in your schedule is being either serviced, repaired
or having an MOT test (applicable to Comprehensive cover only).
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SECTION 1 – LOSS OF OR DAMAGE TO YOUR VEHICLE
If your vehicle is lost, stolen, or damaged, we will:
• repair your vehicle unless you notify us that you want us to pay someone else to repair it; or
• pay you a cash amount equal to the loss or damage
The same cover also applies to accessories (up to the limit shown in your schedule), spare parts and
components for your vehicle while these are in or on your vehicle or while in your private garage.
We may use parts or accessories not supplied by the original manufacturer.
Accessories are items permanently fitted to your vehicle which aren’t directly related to how
it works as a vehicle. For example, in-built satnavs, cameras, comms kit or roof-racks. You can
only claim for accessories under this section.
Important note
New vehicle replacement does not extend to vehicles sold as ‘Ex-demonstrators’ or ‘Nearly new’.
If the qualifying criteria set out above are not met, or you do not wish us to replace your
vehicle with a new vehicle of the same make, model and specification, the most we will
pay will be the market value of your vehicle at the time of loss or damage.
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SECTION 1 – LOSS OF OR DAMAGE TO YOUR VEHICLE continued
Child seats
There is no cover under this section if you have purchased Third Party, Fire and Theft cover.
If child seats are fitted in your vehicle and you make a claim under this section we will pay the
cost to replace them even if there is no apparent damage.
Repair guarantee
We will provide a lifetime guarantee on repair quality carried out on your vehicle by our approved
repairer for as long as you continuously insure your vehicle with us. If you no longer insure your
vehicle with us, we will continue to guarantee the repair quality carried out on your vehicle by our
approved repairer for a period of three years from the date of completion of the repairs or for the
remainder of the original manufacturer’s warranty for your vehicle if greater than three years. Repair
quality means bodywork repairs, paint repairs and workmanship which is the work carried out by
skilled technicians. All parts fitted to your vehicle by our approved repairer will be covered for the
duration of the guarantee provided by the part manufacturer/supplier.
We will not pay for damage under the Repair guarantee arising from deterioration and wear and tear or
parts and component failures.
Excesses
An excess is the amount you will have to pay towards any claim.
• An excess will apply to most claims.
• An additional excess will apply if the driver is 24 or under.
• A further excess will apply If you choose to have your vehicle repaired in a garage that is not one
of our approved repairers.
• Your schedule will show the excesses you will have to pay towards any claim. If more than one
excess applies to your claim, the excesses will be added together.
• If you are hit by an uninsured driver and provide us with the other driver’s name, contact details
and their vehicle registration number, we will refund the excess you paid. This only applies
where the driver of your vehicle is not at fault.
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SECTION 1 – LOSS OF OR DAMAGE TO YOUR VEHICLE continued
Optional – Courtesy vehicles
This optional cover is not available if you have purchased Third Party, Fire and Theft cover.
Your schedule will show if a courtesy vehicle will be supplied following a claim.
The courtesy vehicle supplied is not intended to be an exact replacement for your vehicle and
cannot be provided until your claim has been accepted and cover has been confirmed. Only persons
named on the certificate of motor insurance as being entitled to drive the vehicle that the courtesy
vehicle replaces are covered (subject to the terms and conditions of the vehicle provider).
The length of time a courtesy vehicle is provided depends on whether your vehicle is being repaired
or not:
• If your vehicle is being repaired by an approved repairer; a courtesy vehicle will be provided
for the duration of the repairs.
• If your vehicle cannot be repaired or is stolen, a courtesy vehicle will be provided for up to 14 days,
or until you receive your settlement (whichever is earliest).
What type of courtesy vehicle will I be provided with?
Level of cover shown on your schedule Vehicle provided
Standard courtesy car Small three-door hatchback with four seats
Enhanced courtesy car Five-door vehicle with five seats
Car derived van Van styled car equivalent
Panel style van Van which has rear doors but no rear seats or
rear side windows
Panel style van with long wheel base Long wheel base van which has rear doors
but no rear seats or rear side windows
Important note
• If the repairer chosen is not one of our approved repairers, a courtesy vehicle will not
be provided.
•
A courtesy vehicle will not be provided if you are making a claim solely under
Section 9 – Glass.
•
If your vehicle is immobile or unroadworthy, we aim to provide a courtesy or hire
vehicle within one working day. If an incident occurs during a weekend or on a bank/
public holiday, it may not be possible to provide a courtesy vehicle until the following
normal working day.
•
Automatic courtesy vehicles can be supplied, providing the vehicle being repaired is an
automatic.
•
We will not be responsible for the cost of fuel used; collection and delivery charges;
any charges for fitting ancillary items such as roof boxes; any excess which would have
applied to your vehicle which is temporarily replaced; or any charges and costs where
the courtesy vehicle is not returned by the end of the maximum benefit period provided
by this policy.
•
Courtesy vehicles supplied under this section will be of standard type and will not
include specialised vans such as pick-up trucks, tippers or refrigerated vans, any
provision for towing, or any trailers or caravans.
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SECTION 1 – LOSS OF OR DAMAGE TO YOUR VEHICLE continued
Important note continued
• The courtesy vehicle will be supplied on the condition that it is returned to the depot
which supplies it unless alternative arrangements have been made with the supplier.
•
We do not provide a courtesy vehicle outside the territorial limits. However, our European
Breakdown cover can be purchased (Comprehensive cover only) so that if there is an accident,
breakdown, fire or theft abroad, we will pay for up to 14 days’ self-drive vehicle hire. We will
also arrange vehicle hire for the part of the journey that is in the territorial limits.
Exclusions to Section 1
What we won’t pay for:
• Loss of use, wear and tear, loss or damage which happens gradually, loss of value following repair,
depreciation, failure of electronics, mechanical breakdown or breakage, or tyre damage caused by
braking, punctures, cuts or bursts.
• Loss or damage arising from theft while:
your vehicle’s ignition keys (including any device or code used to secure, gain access to, or to
–
enable your vehicle to be driven) have been left in or on your vehicle.
your vehicle has been left unattended with the engine running.
–
• Loss or damage arising from confiscation or requisition or destruction by or under order of any
Government or Public or Local Authority.
• Where your vehicle is equipped for the cooking or heating of food or drink, loss or damage by fire
caused directly or indirectly from use of the cooking or heating equipment.
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SECTION 2 – YOUR LIABILITY continued
Emergency treatment
We will reimburse any person using your vehicle for payments made under the Road Traffic Acts
for emergency medical treatment.
Legal costs
We will pay the legal costs of any legal representative we agree to, to defend any persons insured
at a coroner’s inquest or fatal accident inquiry or in any proceedings brought under the Road Traffic
Acts or equivalent European Union legislation, following an incident covered by this section. This
cover does not extend to a plea of mitigation (unless the offence you are being charged with carries
a custodial sentence) or appeals.
Liability of other persons driving or using your vehicle
Cover under this section will also apply on the same basis, for the following persons:
• Any person given permission by the vehicle policyholder to drive your vehicle provided that
your certificate of motor insurance allows that person to drive your vehicle.
• Any person given permission by the vehicle policyholder to use (but not drive) your vehicle,
but only while using it for social, domestic and pleasure purposes.
• Any passenger travelling in or getting into or out of your vehicle.
• The employer or business partner of the person using any vehicle for which cover is provided
under this section while the vehicle is being used for business purposes, as long as your
certificate of motor insurance allows business use. This does not apply if:
– the vehicle belongs to or is hired by such employer or business partner.
– the principal policyholder is a corporate body or firm.
Duty of care – driving at work, legal costs
We will pay:
• the person insured’s legal fees and expenses incurred with our written consent for defending
proceedings including appeals.
• costs of prosecution awarded against the defendant arising from any health and safety inquiry
or criminal proceedings for any breach of the:
– Health and Safety at Work etc. Act 1974 – Covered up to £100,000
– Health and Safety at Work (Northern Ireland) Order 1978 – Covered up to £100,000
– Corporate Manslaughter and Corporate Homicide Act 2007 – Costs covered are unlimited
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SECTION 2 – YOUR LIABILITY continued
Driving other cars
There is no cover under this section if you have purchased Third Party, Fire and Theft cover.
We will insure the vehicle policyholder while driving any other car* (as long as they don’t own it
or it is not being hired or provided to them under a hire purchase agreement or any other finance
agreement) within the territorial limits providing:
• the vehicle policyholder is driving the car* with the owner’s express consent.
• the vehicle policyholder still has your vehicle and it has not been damaged beyond cost
effective repair.
• the vehicle policyholder is aged 25 or above at inception or renewal of this policy.
• the certificate of motor insurance indicates that the vehicle policyholder can drive
other cars*.
Driving other cars cover is not available for named drivers, firms or principal policyholders
where they are not also the vehicle policyholder.
* For the purposes of this section only, the definition of ‘car’ includes a van under 3.5 tonnes gross vehicle
weight, subject to the limitations of use as defined on the certificate of motor insurance.
Important note
The cover provided is for the vehicle policyholder while driving any other car* and is
for Third Party only and does not cover loss or damage to the car being driven.
Exclusions to Section 2
What we won’t pay for:
• anything which a person insured can claim for under another policy.
• the death of, or injury to any employee of the persons insured which arises out of, or in the course of,
that employee’s duties, unless we must provide cover under the Road Traffic Acts.
• loss of or damage to property that:
– belongs to or is in the care of any person insured who claims under this section, or
– is being carried in your vehicle.
• damage to the motor vehicle covered by this section.
• loss, damage, death or injury while any motor vehicle is being used on:
– that part of an aerodrome or airport used for aircraft taking off or landing,
– aircraft parking areas including service roads,
– ground equipment parking areas, or
– any parts of passenger terminals within the Customs examination area,
unless we must provide cover under the Road Traffic Acts.
• any consequence whatsoever which is the direct or indirect result of any of the following, or
anything connected with any of the following, whether or not such consequence has been
contributed to by any other cause or event, except to the extent that we must provide cover under
the Road Traffic Acts:
(a) Terrorism
Terrorism is defined as any act or acts including, but not limited to:
(i) the use or threat of force and/or violence
and/or
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SECTION 2 – YOUR LIABILITY continued
(ii) harm or damage to life or to property (or the threat of such harm or damage) including, but not
limited to, harm or damage by nuclear and/or chemical and/or biological and/or radiological
means
c aused or occasioned by any person(s) or group(s) of persons in whole or in part for political,
religious, ideological or similar purposes, or is claimed to be caused or occasioned in whole or in
part for such purposes
(b) any action taken in controlling, preventing, suppressing or in any way relating to (a) above.
In respect of (a) and (b), where we must provide cover under the Road Traffic Acts, the maximum
amount we will pay for damage to property as a result of any accident or accidents caused by a
vehicle or vehicles driven or used by any persons insured, for which cover is provided under this
section, will be:
(i) l imited to the amount shown in your schedule in respect of all claims resulting directly or
indirectly from one originating cause, or
(ii) such greater sum as may in the circumstances be required to meet the minimum insurance
requirements of the Road Traffic Acts.
• loss, damage, injury or death directly caused by pollution or contamination unless caused by a
sudden identifiable unintended and unexpected event which occurs in its entirety at a specific
time and place during the period of insurance except where such liability is required to be covered
under the Road Traffic Acts. For the purposes of this exclusion, pollution or contamination means all
pollution or contamination of buildings or other structures or water or land or the atmosphere.
• death or injury of any person caused by:
– food poisoning, or
– anything harmful contained in goods supplied, or
– any harmful or incorrect treatment given at or from your vehicle.
• loss, damage, death or injury that happens beyond the limits of any carriageway or thoroughfare
and involves anyone, other than the driver or attendant of your vehicle, bringing a load to your
vehicle for loading or taking a load away from your vehicle after unloading it.
• any claim if any person insured under this section does not keep to the terms and conditions of this policy.
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SECTION 3 – MOTOR INJURY PROTECTION continued
– loss of any limb which means severance at or above the wrist or ankle, or the total and
permanent loss of use of a hand, arm, foot or leg.
The most we will pay any one person after any accident is shown in your schedule.
The most we will pay any one person during any one period of insurance is shown in your schedule.
If the vehicle policyholder, their partner or named drivers have any other policies with us in
respect of any other vehicle or vehicles, the injured person can only claim these benefits under
one policy. The cover applies irrespective of fault.
Optional – Motor Injury Protection Plus
This optional cover is not available if you have purchased Third Party, Fire and Theft cover.
If you have purchased the optional ‘Motor Injury Protection Plus’ extension, please refer to your
schedule for the vehicle(s) to which it applies.
1. Additional benefit for death or serious injury
If you suffer death or serious injury as outlined above, we will pay an additional benefit amount as
shown in your schedule.
2. Physiotherapy cover for minor injuries
This extension also provides physiotherapy cover for minor injuries for the vehicle policyholder,
their partner and named drivers if they are injured as a direct result of the insured vehicle(s)
being involved in an accident. We will refer you quickly to our experienced rehabilitation case
management provider and will pay for treatment from a chartered physiotherapist we have
appointed who believes treatment will help recovery.
The most we will pay any one person after any accident is shown in your schedule.
Physiotherapy will end once the rehabilitation case management provider and/or treating
physiotherapist advises no further treatment is required, or the limit under this extension has been
reached, whichever happens first. The cover applies irrespective of fault.
Exclusions to Section 3
We will not pay for death or bodily injury arising from suicide or attempted suicide.
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SECTION 5 – VEHICLE RECOVERY IN THE EVENT OF ILLNESS
There is no cover under this section if you have purchased Third Party, Fire and Theft cover.
If the permitted driver of your vehicle as shown on your certificate of motor insurance is
taken seriously ill requiring treatment from a qualified medical practitioner and cannot continue
their journey, we will transport your vehicle to your home or single address anywhere within the
territorial limits.
A medical certificate must be produced prior to the provision of this service.
A claim solely under this section will not affect your no claim discount.
We won’t cover:
• any incident which occurs outside the territorial limits.
• any incident where your vehicle is within a quarter of a mile of your home address or place where
your vehicle is usually kept.
• any incident where your vehicle is disabled, has suffered mechanical or electrical breakdown or
failure, or is unroadworthy.
• any incident directly caused by or due to the effects of alcohol and/or drugs.
We won’t cover:
• money, stamps, tickets, documents or securities (such as share and premium bond certificates).
• goods or samples carried in connection with any trade.
• tools.
As well as the personal property in your vehicle, this section also covers portable audio
equipment, multi-media equipment, communication equipment, personal computers,
cameras, satellite navigation and radar detection systems not permanently fitted to
your vehicle. You can only claim for personal belongings under this section.
Important note
A claim can only be made under this section when also making a valid claim which is
accepted under Section 1 – Loss of or damage to your vehicle.
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SECTION 7 – TOOL COVER
There is no cover under this section if you have purchased Third Party, Fire and Theft cover.
For the purposes of this section, tools means;
• non powered hand tools for domestic DIY, gardening or vehicle maintenance activities,
• or where your vehicle is insured for business use as shown in your schedule, tools of trade
reasonably associated with your declared occupation.
We will pay for loss of or damage to tools caused by fire, theft or accidental means while they are
in your vehicle.
The maximum amount payable for any one incident is shown in your schedule.
We won’t cover:
• goods or samples, stock and materials.
• loss or damage arising from theft not involving forcible entry to your vehicle.
• loss or damage if your vehicle is an open backed vehicle unless the tools are contained within a locked
secure tool chest which is permanently attached to the chassis.
Important note
A claim can only be made under this section when also making a valid claim which is
accepted under Section 1 – Loss of or damage to your vehicle.
Your NCD Number of claims made Your NCD from next renewal
now in period of insurance If you’d protected it If you hadn’t protected it
1 or 2 years 1 or more Protection not available 0 years
3 years 1 3 years (protected) 1 year
2 1 year 0 years
3 or more 0 years 0 years
4 years 1 4 years (protected) 2 years
2 2 years 0 years
3 or more 0 years 0 years
5 or more 1 5 or more years (protected) 3 years
years 2 3 years 0 years
3 or more 0 years 0 years
*Claims for glass only, replacing the locks in your vehicle and any payments we make for emergency medical
treatment under the Road Traffic Acts will not reduce your no claim discount.
SECTION 9 – GLASS
There is no cover under this section if you have purchased Third Party, Fire and Theft cover.
We will pay for the replacement or repair of the glass in your vehicle’s windscreen, sunroof or
windows if it is lost or damaged or the bodywork of your vehicle suffers scratching arising solely
from the breakage of glass. The most we will pay will be the market value of your vehicle at the
time of the loss. We may use suitable parts not supplied by the original manufacturer.
The excess amount which must be paid for any replacement or repair is shown in your schedule.
A claim solely under this section will not affect your no claim discount.
Important note
You must get in touch with us before any work is carried out. You can report your glass
•
claim online at Aviva.co.uk/make-a-claim or you can call us. We will direct you to an
approved repairer.
If the repairer chosen to replace your glass is not one of our approved repairers, we will
•
apply a limit to the amount we will contribute as shown in your schedule.
If you have purchased the optional courtesy vehicle cover under Section 1, we do not
•
provide a courtesy vehicle if you are making a claim solely under this section.
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SECTION 10 – CONTINENTAL USE
Continental use – compulsory insurance requirements
In compliance with EU Directives this policy provides, as a minimum, the necessary cover to comply
with the laws on compulsory insurance of motor vehicles in the following countries:
Andorra, Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland,
France (including Monaco), Germany, Gibraltar, Greece, Hungary, Iceland, Italy (including San Marino
and the Vatican City), Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland,
Portugal, Republic of Ireland, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden and Switzerland
(including Liechtenstein).
Important note
The level of cover provided is the minimum level of cover required by law. It is not the same
level of cover you receive when driving within the territorial limits under this policy and
does not cover loss or damage to the vehicle being driven. To find out how to extend your
cover, please refer to ‘Extending your continental use cover’ below.
While the UK remains part of the European Union all countries covered under this section
have agreed that a Green Card is not necessary for travel outside the territorial limits. Your
certificate of motor insurance provides sufficient evidence of compliance with the laws on
the minimum compulsory insurance of motor vehicles in any of these countries visited.
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SECTION 11 – REPLACEMENT LOCKS
There is no cover under this section if you have purchased Third Party, Fire and Theft cover.
If your ignition keys, including any device or code used to secure, gain access to, or to enable your
vehicle to be driven, are lost or stolen, we will pay the cost to replace the affected locks, transmitters,
central locking interface and any affected parts of the alarm and/or immobiliser.
The most we will pay will be the market value of your vehicle at the time of the loss.
Your no claim discount will not be affected and no excess applies when claiming under this section.
If your schedule shows courtesy vehicle cover was selected, the benefits under ‘Section 1 – Optional
Courtesy vehicles’ will apply in the event of a claim under this section.
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SECTION 12 – MOTOR LEGAL continued
Your schedule shows the maximum amount we will pay for any one claim under this cover.
If you need to report an incident or talk to us about a claim call us on 0345 030 6925 or you can
claim online at aviva.co.uk/make-a-claim
Lines are open 24 hours a day, 365 days a year.
2. Legal protection to defend motoring offences
This section provides legal protection to pay lawyers’ costs to help defend your legal rights if you are
accused of or have committed an offence under the road traffic laws (e.g. speeding) while using your
vehicle (including if a conviction would result in you being disqualified or suspended from driving).
Cover in this section is subject to cover not already being provided under ‘Section 2 – Your liability’ in
this policy.
Your schedule shows the maximum amount we will pay for any one claim under this cover.
If you need to report an incident or talk to us about a claim call us on 0345 300 2970
Lines are open 24 hours a day, 365 days a year.
3. Motor legal advice helpline
You have access to a 24 hour legal advice helpline based in the UK – providing confidential legal
advice on any legal matter relating to the use of your vehicle (e.g. private vehicle sale).
There are no consultation fees and lines are open 24 hours a day, 365 days a year, all you pay for is
the phone call. Call us on 0345 300 2970
Please ensure you have your policy number to hand when you contact us.
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SECTION 12 – MOTOR LEGAL continued
Conditions of cover
The following conditions apply to this section:
• the incident occurs during the period of insurance;
• the incident occurs within the territorial limits;
any legal proceedings that we have agreed to are dealt with by a court or similar body that we
•
have agreed to within the territorial limits;
in respect of any appeal or defence of an appeal, it has been reported to us at least 14 days
•
prior to the deadline for any appeal; and
•
reasonable prospects of success exist for the duration of the claim. This condition only applies to
claims under the ‘Legal protection to claim costs or compensation after a motor accident or incident’
section. Please see the ‘Reasonable prospects of success explained’ box for more information.
How to claim
Before you call, please make sure you have your policy number, vehicle registration and
1.
incident date ready to hand.
2. Call us to register your claim:
•
for legal protection to claim costs or compensation after a motor accident or incident, please
call us on 0345 030 6925; or
for legal protection to defend motoring offences, please call us on 0345 300 2970.
•
Lines are open 24 hours a day, 365 days a year.
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SECTION 12 – MOTOR LEGAL continued
Legal representation
On receipt of a claim, we will appoint a lawyer to act for you.
If it is necessary to start court proceedings, you are free to nominate an alternative lawyer by
sending the lawyer’s name and address to us.
If there is a conflict of interest or we do not agree to your choice of lawyer, you may choose
another representative. If there is still a disagreement, we will ask the president of the relevant
national law society to choose a suitably qualified person. In this circumstance both parties are
obliged to accept this choice of representation.
The legal costs and expenses we will pay for
We will pay the following:
• reasonable legal costs and expenses incurred in respect of your claim; and/or
legal costs and expenses, which we have agreed to or authorised, which you have been held
•
responsible for or ordered to pay by a court or similar body.
In determining whether or not costs are reasonable, we will consider whether a person without legal
expenses insurance, and with the funds available to finance their own legal costs, would be likely
to find the costs in question reasonable. Specific factors we will take into account in making this
determination are:
• the amount of any financial losses being claimed;
• the value and complexity of the case;
• the geographical location of the person and the other party to the action;
• the conduct and actions of the other party;
the normal level of legal costs and expenses a similar specialist lawyer appointed by us would charge.
•
Conditions relating to your claim
It is important that you tell us about an incident as soon as possible after it happens. If you fail to
•
do this it may result in your prospects of success being reduced.
• ou must allow us direct access to the appointed lawyer who will provide us with any information
Y
or opinion on your claim.
• ou must provide us with any information or instructions that we may reasonably ask for in
Y
relation to your claim. If we do not receive all the information or instructions we need we may
delay or suspend your claim.
• ou must notify us immediately if the approved lawyer receives a formal offer to settle a claim or
Y
to make a payment into court.
If you do not accept a payment into Court or any offer where the appointed lawyer advises that
•
this is a reasonable payment or offer, we may refuse to pay further legal costs and expenses.
•
No agreement to settle on the basis of both parties paying their own costs is to be made without
our prior approval.
22
SECTION 12 – MOTOR LEGAL continued
• ou must support us in the recovery (from the person(s) who you believe were responsible) of
Y
any legal costs and expenses that we have paid and pay those legal costs and expenses to us.
• In respect of the following, if you:
– settle or withdraw a claim without our prior agreement;
– do not give suitable instructions to the appointed lawyer; or
–d
ismiss an appointed lawyer without our prior consent, (please see the ‘Legal Representation’
and ‘What can I do if I do not agree with the lawyer’s opinion’ sections for more information
about appointing representatives),
the cover we provide in respect of your claim will end immediately and we will be entitled to
reclaim any costs and expenses we have incurred.
What can I do if I do not agree with the lawyer’s opinion?
• We have confidence in the opinion of our appointed lawyer and rely on this when deciding if
we should continue to pay the costs and expenses towards your claim.
If you do not agree with the lawyer’s opinion and you find a different lawyer, at your own
•
cost, who supports your view, then we will be happy to offer a review of the case. The
opinion of your chosen lawyer must be based on the same information regarding the claim
that you provided to us.
The lawyer conducting the review will be chosen jointly by you and us. If we cannot agree
•
on who this lawyer should be then we will ask a relevant law society to appoint one. The
reviewing lawyer will assess the case and we will abide by their decision. We will pay for the
cost of this review and should they decide in your favour we will also pay any cost that you
incurred for your chosen lawyer’s second opinion.
This review and any resulting decision will not affect your rights to make a complaint as
•
detailed in the complaints procedure section.
23
GENERAL EXCLUSIONS THAT APPLY TO THE WHOLE POLICY
What we won’t pay for:
(1) any accident, injury, loss or damage while any vehicle that is insured under this policy is being:
(a) used otherwise than for the purposes described under the ‘Description of use’ section of your
certificate of motor insurance, or
(b) driven by or is in the charge of any person for the purposes of being driven who:
– is not described under the section of your certificate of motor insurance headed ‘Permitted
drivers’, or does not have a valid, current and appropriate (for the type of vehicle) licence to
drive your vehicle, or
– is not complying with the terms and conditions of the licence.
We will not withdraw this cover:
(i) while your vehicle is in the custody or control of:
– a member of the motor trade for the purposes of maintenance or repair, or
– an employee of a hotel or restaurant or vehicle parking service for the purpose of
parking your vehicle.
(ii) if the injury, loss or damage was caused as a result of the theft of your vehicle.
(iii) by reason of the person driving not having a driving licence, if the principal policyholder
and/or vehicle policyholder had no knowledge of such deficiency.
(2) any liability a person insured has agreed to take on except to the extent the person insured would
have had that liability if that agreement did not exist.
(3) (a) loss or destruction of, or damage to, any property or associated loss or expense, or any other
loss,
or
(b) any legal liability,
that is directly or indirectly caused by, contributed to by or arising from:
(i) ionising radiation or contamination by radioactivity from any irradiated nuclear fuel or from any
nuclear waste from the combustion of nuclear fuel.
(ii) the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear
assembly or nuclear component thereof.
(4) any consequence whatsoever which is the direct or indirect result of any of the following, or
anything connected with any of the following, whether or not such consequence has been
contributed to by any other cause or event:
(a) war, invasion, act of foreign enemy, hostilities or a warlike operation or operations (whether
war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion
assuming the proportions of or amounting to an uprising, military or usurped power,
(b) any action taken in controlling, preventing, suppressing or in any way relating to (a) above,
except to the extent that it is necessary to meet the requirements of the Road Traffic Acts.
(5) any accident, injury, loss or damage if your vehicle is registered outside the territorial limits.
(6) loss or damage arising from a deliberate act by any persons insured, driving or using, your
vehicle.
24
GENERAL CONDITIONS THAT APPLY TO THE WHOLE POLICY
1. Accurate Information
The principal policyholder must always take reasonable care to give full and correct answers to
the questions we ask. If you don’t give us full and correct information, we may:
• change your premium, excess or cover
• refuse to pay all or part of a claim or cancel your cover
Please also see ‘Important Notice – Information and changes we need to know about’ in the
document headed ‘Aviva Motor Important Information’.
2. Claims Procedures
Your duties
You must contact us as soon as reasonably possible and provide all the information, documents,
evidence and help we need to settle your claim or pursue a recovery.
Anyone claiming under this policy or anyone acting on their behalf must let us know immediately if
anyone insured under this policy is to be prosecuted as a result of an incident or if there is to be an
inquest or fatal accident inquiry.
Anyone claiming under this policy must not admit to any claim, promise any payment or refuse any
claim without our consent.
You must notify the police as soon as reasonably possible if your vehicle is lost, stolen or broken into.
Our rights
If we want to, we can take over and conduct in the name of the person claiming under the policy the
defence or settlement of any claim or take proceedings for our own benefit to recover any payment
we have made under this policy.
We shall have full discretion in the conduct of any proceedings or the settlement of any claim.
The person who is seeking payment under this policy shall give us all the relevant information,
documents and assistance we require to enable any claim to be validated for us to achieve a
settlement or pursue a recovery.
Below are some examples of what we may request. However, we may also ask for
further information, documents and assistance relevant to your claim.
Information Documents Assistance
• Details of third parties and • Driving licence • Attendance at court
witnesses • Proof of identity and address • Meetings with solicitors or us
• Statement of events relating to • Vehicle documentation such as
your claim V5, MOT and proof of purchase
• Sketch or photograph of the • Receipts and invoices
accident scene
• Finance documents
• Correspondence received from
another party (including court
papers)
25
GENERAL CONDITIONS THAT APPLY TO THE WHOLE POLICY
continued
3. Cancellation rights
Your rights
The principal policyholder can cancel this policy and/or remove optional covers at any time by
calling Customer Services.
Your cancellation rights in the 14 day statutory cooling off period are shown in the document headed
‘Aviva Motor Important Information’.
The table headed ‘Our administration fees’ at the front of this booklet gives details of when a
cancellation fee will be charged.
Our rights
We may cancel this policy or optional covers where there is a valid reason, for example where:
•
you have not paid your premium (including non-payment of instalments under an Aviva monthly
credit facility). If premiums or instalment payment(s) are not paid when due we will write to the
principal policyholder requesting payment by a specific date. We will give you at least 14 days’
notice in writing if we intend to cancel due to non-payment under an Aviva monthly credit facility.
If we receive payment by the date set out in the letter we will take no further action. If we do not
receive payment by this date we will cancel the policy and/or any additional cover options from
the cancellation date shown on the letter;
• we reasonably suspect fraud;
any person insured has failed to co-operate with us and this affects our ability to process a
•
claim or defend our interests;
or the principal policyholder has not taken reasonable care to provide complete and accurate
•
answers to the questions we ask.
Where we cancel, we will always give at least 7 days’ notice, by post or email, to the last address the
principal policyholder has given us and explain why. The exception is where we have evidence
that you have acted fraudulently or deliberately given us incorrect or incomplete information when
we may cancel your policy without notice and backdate the cancellation to the date when this
happened, which could be when you first bought your policy.
Will I get a premium refund?
If your policy or any optional cover is cancelled before the cover starts we will refund the
•
premium you have paid for the cancelled cover; or
•
If the cancellation is after cover has started your refund will be based on how many days are
left in the period of insurance which you have paid for. We will also charge a cancellation fee
(see ‘Our administration fees’ table at the front of this booklet).
The refund set out above will not apply if we cancel your policy because of your fraud and/or
we are legally entitled to keep the premium under the Consumer Insurances (Disclosure and
Representations) Act 2012.
Important note
It is the principal policyholder’s responsibility to notify all persons insured that this policy
has been cancelled.
26
GENERAL CONDITIONS THAT APPLY TO THE WHOLE POLICY
continued
27
Been involved in an accident?
• Please report all accidents to us immediately online at
Aviva.co.uk/make-a-claim or you can call us on 0345 030 6925.
• If you receive any contact from another party in relation to your claim,
please re-direct this to us and we will handle it on your behalf.
aviva.co.uk/community-fund
Aviva Insurance Limited. Registered in Scotland, No. 2116.
Registered Office: Pitheavlis, Perth PH2 0NH.
Authorised by the Prudential Regulation Authority and regulated
by the Financial Conduct Authority and the
Prudential Regulation Authority.
28 NMDMG10249 (V35) 05.2019