Toyota Motor Vehicle Insurance Policy

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Toyota

Motor Vehicle
Insurance
Policy
Table of Contents
INTRODUCTION........................................................................... 3
You’re in safe hands.........................................................3
How to contact us............................................................3
KEY FEATURES AND BENEFITS..............................................4
KEY INFORMATION.....................................................................5
YOUR POLICY...............................................................................7
About your insurance contract......................................7
Words with special meaning...........................................7
Our agreement with you.................................................7
The privacy of your personal information.................. 9
Our definition of ‘motor vehicle’................................. 10
Who can drive your motor vehicle............................. 10
What your motor vehicle can be used for................. 10
SECTION 1: COMPREHENSIVE MOTOR VEHICLE
INSURANCE.................................................... 12
1.1 Cover for your motor vehicle.......................... 12
1.2 Repairing your motor vehicle......................... 12
1.3 Settling your total loss claim........................... 12
1.4 What we will not pay......................................... 13
SECTION 1A: ADDITIONAL BENEFITS............................ 15
1A.1 Toyota repair guarantee.................................. 15
1A.2 Toyota genuine parts........................................ 15
1A.3 Courtesy/Rental motor vehicle after
accident/theft................................................... 15
1A.4 Glass cover......................................................... 16
1A.5 Emergency trip continuation...........................17
1A.6 Re-deliver costs.................................................17
1A.7 Taxi fares..............................................................17
1A.8 Towing and storage............................................17
1A.9 Temporary cover when you replace your
motor vehicle..................................................... 18
1A.10 Keys and locks................................................... 18
1A.11 Personal injury cover........................................ 18
1A.12 Medical expenses.............................................. 19
1A.13 Personal items................................................... 20
1A.14 Baby capsules and motor vehicle
child seats........................................................... 20
1A.15 Finance gap.........................................................21
1A.16 Trailers, boats, caravans....................................21
1A.17 Marine transportation cover............................21

1
SECTION 2: LIABILITY PROTECTION............................... 22
2.1 Legal liability...................................................... 22
2.2 Legal costs......................................................... 22
2.3 Reparation.......................................................... 22
2.4 Manslaughter defence..................................... 23
2.5 What we will not pay......................................... 24
SECTION 3: WHAT IS NOT COVERED BY
THIS POLICY................................................... 25
3.1 General exclusions............................................ 25
3.2 Protecting your property................................ 25
3.3 No cover for certain events............................ 26
3.4 No cover for accidents involving
alcohol or drugs................................................. 26
3.5 No cover for certain kinds of damage........... 26
3.6 No cover for damaged or unsafe motor
vehicles............................................................... 27
3.7 No cover for intentional or reckless
conduct............................................................... 27
3.8 No cover for unlicensed drivers..................... 27
SECTION 4: GENERAL CONDITIONS.............................. 28
4.1 Goods and Services Tax................................... 28
4.2 Jurisdiction........................................................ 28
4.3 Changing your policy....................................... 28
4.4 Renewing your policy....................................... 28
4.5 If you change your mind................................... 29
4.6 Cancellation by you.......................................... 29
4.7 Cancellation by us............................................. 29
4.8 Overdue instalments and cancellation......... 30
4.9 Interest in your motor vehicle ceases........... 30
SECTION 5: MAKING A CLAIM...........................................31
5.1 To make a claim on this policy..........................31
5.2 Deciding who is at fault................................... 32
5.3 Your promise to us............................................ 32
5.4 Financially interested parties......................... 32
5.5 If you have other insurance............................. 32
SECTION 6: YOUR EXCESS................................................33
6.1 What you must pay in the event of a claim....33
6.2 Reimbursing your excess................................. 34
SECTION 7: GENERAL POLICY INFORMATION..............35
7.1 If you have a concern.........................................35
SECTION 8: DEFINITIONS.................................................. 36
8.1 Words with special meanings......................... 36

2
INTRODUCTION
You’re in safe hands
Thank you for choosing to insure your motor vehicle
with Toyota Insurance.

Since 2001, Toyota Insurance has built a solid and


trustworthy reputation with New Zealanders. We are
committed to delivering you the best possible customer
service by meeting your motor vehicle insurance
needs. Our customers are our number 1 priority. Our
Toyota Motor Vehicle Insurance Policy helps you drive
with confidence, safe in the knowledge that if your
motor vehicle suffers accidental damage, is stolen or if
someone is claiming against you, we’ll be there to help.

If you need to make a claim, please call us immediately


and we’ll take away the stress and inconvenience by
looking after things for you.

How to contact us
It’s all about you! If there is anything you are unsure
of, or you need to make a claim or to find out more
about our other insurance products, simply call
Toyota Insurance on 09 921 5740 or 0800 ABOUTU
(0800 226 888) or visit www.toyota.co.nz/insurance.

3
KEY FEATURES AND
BENEFITS
This table is a guide only. Terms and conditions apply.
For a full explanation of the cover provided, please
carefully read each section of this document.

Motor Vehicle Insurance See page


Section 1: Comprehensive Motor Vehicle 12

Section 1A: Additional Benefits 15

1A.1 Toyota repair guarantee 15

1A.2 Toyota genuine parts 15

1A.3 Courtesy/Rental motor vehicle


15
after an accident
1A.4 Glass cover 16

1A.5 Emergency trip continuation 17

1A.6 Re-delivery costs 17

1A.7 Taxi fares 17

1A.8 Towing and storage 17

1A.9 Temporary cover when you


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replace your motor vehicle
1A.10 Keys and locks 18

1A.11 Personal injury cover 18

1A.12 Medical expenses 19

1A.13 Personal items 20

1A.14 Baby capsules and motor


20
vehicle child seats
1A.15 Finance gap 21

1A.16 Trailers, boats, caravans 21

1A.17 Marine transportation cover 21

Section 2: Liability Protection 22

4
KEY INFORMATION
For full details of the policy cover, benefits and
conditions, you must read the entire policy.

This policy provides cover for accidental loss


The purpose
or damage to your motor vehicle, and cover for
of this
accidental loss or damage to other people’s property
insurance
for which you are liable.

We are committed to protecting the privacy of your


personal information as detailed in our privacy policy.
Your privacy
Refer to the policy section ‘Your Policy – The privacy
of your information’ to find out more.

You must provide honest, correct and complete


answers to the specific questions we ask to enable us
Your to decide whether to insure you or pay your claim.
promise If the information you provide us with is not honest,
to us correct or complete we may reduce or deny any claim
you make, cancel your policy, or treat your policy as
never been entered into.

If you change, your mind you can cancel your policy


within the cooling off period of 21 days from the day
21 day cover began provided you have not made a claim.
cooling off We will then refund in full any premium you have
period
paid.
See section 4.3

If you cancel your policy, we will refund the balance


of premium in respect of any unexpired period of
insurance (provided you have not made a claim)
less any processing charge to cover our reasonable
administrative and transaction costs.
Cancellation If we have paid a total loss claim under this policy,
at other you will not be entitled to any refund. Furthermore,
times if your premium is paid by instalments and/or has
not been paid in full for the period of insurance in
which the claim occurred, you will be required to
pay the balance of any remaining premium owing for
that period of insurance.
See sections 4.6, 4.7 and 4.8

The duration of your cover is set out under the


Duration of “Period of Insurance” in your policy schedule. This is
cover the time for which you are able to make a claim for
cover under your policy.

5
The amount of your premium will be set out in your
policy schedule. We calculate your premium by
taking into account a variety of factors including the
following:
- Key pricing factors for the cover such as where you
live, the motor vehicle being insured, the purpose
for which the motor vehicle is used, whether you
have selected a voluntary excess, the age, driving
experience, licence type and insurance history of
all regular drivers of the motor vehicle, and other
How we key factors which may vary from time to time;
calculate - Whether you choose to pay annually or monthly;
your
premium - Any policy discounts;
- Payments made to our intermediaries; and
- Government taxes and charges where applicable
e.g. GST.

Where your premium is financed, there will be an


interest fee charged which is not arranged by your
insurer. Please refer to your finance terms for further
information on the interest that will be charged.
Where you pay your premium monthly, there will be an
administrative fee. Please refer to your policy schedule.

Please contact us as soon as possible by calling


Making a 09 921 5740 or 0800 ABOUTU (0800 226 888) or
claim online at www.toyota,co.nz/insurance.
See section 5.

An excess is the amount you must pay when you make


a claim on this policy even if you are not responsible
for the loss or damage.
Excess
Your excess will be set out in your policy schedule.

See section 6.

We are committed to providing you with the highest


standard of service. If you are ever dissatisfied with
the outcome of any of your dealings with us, we invite
you to use our internal dispute resolution service.

Our service If you do not agree with our final decision, you
commitment can appeal to the Insurance & Financial Services
to you Ombudsman (IFSO), an external independent dispute
resolution scheme, of which we are a member.
There is no charge to you for either service. Access to
those services is in addition to your rights under law.
See section 7.

Some things are not covered under your policy and


some benefits have limits. You need to read your
policy to understand what these are. There are
When we important obligations and exclusions that apply to all
will not pay parts of your policy.
your claim The main sections that discuss what is not covered
are in section 1.4, section 2.5 and section 3. The
section titled “What your motor vehicle can be used
for” also has some key information.

6
YOUR POLICY
About your insurance contract
a. Your policy consists of:
• this pre-printed motor vehicle insurance policy
which sets out the terms, conditions and limits of
your cover;
• the proposal, which is the information provided to
us when applying for the insurance cover; and
• your most recent policy schedule.
b. Any other written change advised by us in writing
such as endorsement or supplementary policy
wording. You should read your Toyota Motor Vehicle
Insurance Policy carefully and retain your insurance
policy and your policy schedule. These documents
should be read together as they jointly form the
contract of insurance between you and us. Unless
specifically noted, all exclusions contained in this
policy apply to all parts of your policy.
c. We will send you an updated policy schedule
whenever you inform us of a change in your
information or details, which may also contain
variations to the terms of your policy.
d. You must pay your insurance premium by the date
stated in the policy schedule. If you pay your premium
monthly, you must keep your payments up to date.
You cannot make a claim until you have paid your
premium. If you do not pay your premium by the due
date, your policy may end.

Words with special meaning


Some words used throughout this policy document
have special meanings. Please refer to section 8 for our
definitions.

Our agreement with you


When we agree to insure you as set out in this policy,
or to renew or vary your policy, our decision and
agreement relies on you having paid or promised to
pay your premium and meeting certain promises and
conditions. If you (and any other person or entity we
cover) do not meet these promises and conditions at all
times, we may refuse to pay a claim, reduce the amount
we pay you for your claim, cancel your policy, or treat it
as though it never existed.

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You must:

a. Pay your premium;


b. Be truthful and correct in everything you tell us;
c. Maintain your motor vehicle in a roadworthy
condition;
d. Keep your motor vehicle secure at all times and take
all reasonable precautions to prevent loss or damage
occurring; and
e. Tell us as soon as you know of any other insurance
policy that covers you for any of the risks covered
under this policy.
You must tell us if there are any changes in your
circumstances. It is important that you tell us
immediately of any changes that have occurred since
your policy started or since last renewal.

You must let us know if:

a. You change your address;


b. You use your motor vehicle for a different purpose;
c. You have altered or modified your motor vehicle or
added any accessories;
d. You have incurred any driving infringements such as
your licence being endorsed, suspended or cancelled;
and
e. There are any changes of ownership, a change of a
main or regular driver or a change in the age of the
drivers as noted on your policy schedule.
You must immediately tell us if any of the information
shown on your renewal notice or on other notices
you may receive from us is incorrect or incomplete or
requires updating.

8
The privacy of your personal
information
We are committed to protecting the privacy of your
personal information. That commitment is reflected in
our compliance with the Privacy Act 1993.

We will, with your help, keep your personal information


accurate, complete and up to date. Personal information
includes your name, address, age, occupation, insurance
profile or driving record. We collect this information for
all purposes in connection with this insurance cover,
including considering your request for insurance,
underwriting, assessing and paying claims or other
insurance purposes, evaluating any future insurance
applications, communicating with customers, compiling
statistics, providing products and services, and for the
purpose of disclosure to parties with a financial or other
interest in the subject matter of the proposal.

We will provide your personal information to a third


party if required by law. If necessary, we may also
disclose your personal information to a third party
when processing a claim, confirming information,
administering this policy and where customer research
is conducted by us or on our behalf.

Intended recipients of the information include Aioi


Nissay Dowa Management New Zealand Ltd, Toyota
Finance New Zealand Limited, Toyota New Zealand
Limited and their agents, other insurance companies,
claims assessors, consumer research organisations and
finance companies (if noted on your policy documents).

The information is collected and held by Aioi Nissay


Dowa Management NZ Ltd of PO Box 17504, Greenlane,
Auckland 1546.

You have rights of access to, and correction of, this


information subject to the provisions of the Privacy Act
1993.

In order to keep you informed of special offers, including


new products and services, we may share your personal
information with the agent who arranged this policy
for you and the Toyota Group of Companies. If you do
not wish to receive this information, you may contact
us by calling the number listed on the back cover of this
document.

For further information, please visit our website


www.toyota.co.nz/insurance.

9
Our definition of ‘motor vehicle’
In this policy, your motor vehicle is defined and means
the registered and licensed motor vehicle described in
the policy schedule including:

a. The standard tools as supplied by the manufacturer,


providing they are in or attached to your motor
vehicle; and
b. Any accessories and modifications that have been
fitted to your motor vehicle that we have agreed to
cover as described on the current policy schedule.

Who can drive your motor vehicle


Your motor vehicle is insured whilst being driven by
non-regular drivers of any age, and any regular driver
over the youngest regular driver age. The following
applies:

a. The age of the main driver and their licence type is


noted on your policy schedule. The main driver is the
person who drives the motor vehicle the most often.
b. The age of the youngest regular driver is noted on
your policy schedule. A regular driver is anyone that
will drive the motor vehicle more than 12 times a year.
c. Your motor vehicle can be driven by a driver who
does not hold a NZ full licence, or has not held a NZ
full licence for more than two years, provided that
inexperienced driver cover is included in your policy
and that they are driving in accordance with all
conditions of their licence. This is noted on the policy
schedule.

What your motor vehicle can be


used for
a. If the policy schedule shows private use then your
motor vehicle is covered for domestic, social,
recreational or farming purposes, including driving to
and from your regular place of work.
b. If the policy schedule shows business use then your
motor vehicle is covered when used for private
use and when used for your business, profession,
occupation or income earning purposes provided
that is not otherwise excluded by this policy.
c. There is no cover while your motor vehicle is being
used for any of the following:
• hire, reward, or to carry fare paying passengers
(except private pooling arrangement);

10
• rental, security patrol, delivery or courier use;
• being used for any form of motor sport or contest,
experiment, test, trial or demonstration;
• being used in connection with emergency or law
enforcement services;
• being used for goods carrying use in connection
with any trade of business other than farming
unless the motor vehicle is insured for business
use; or
• to transport explosives or class 1 dangerous goods
(as defined by Land Transport Rules: Dangerous
Goods 2005 and its amendments) in bulk unless
you have our written agreement and it is noted
on the policy schedule. This exclusion does not
apply to the transportation of dangerous goods
for domestic or social purposes, or for use as a tool
of trade provided the dangerous goods are being
transported in a manner and in quantity prescribed
by The Land Transport Rule: Dangerous Goods
2005 (and its amendments).
d. There is no cover for your motor vehicle if it is being
used for any purpose other than that stated in the
policy schedule.
e. There is no cover if your motor vehicle is in the
custody of a motor vehicle dealer or prospective
purchaser for the purpose of sale or consignment.

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SECTION 1:
The following section 1, section 1A and section 2
describe what you are insured for under this policy.

COMPREHENSIVE MOTOR
VEHICLE INSURANCE
1.1 Cover for your motor vehicle
You are covered for any accidental physical loss or
damage to your motor vehicle that occurs anywhere in
New Zealand during the period of insurance, including
while it is carried by any licensed transport service in
New Zealand.

1.2 Repairing your motor vehicle


At our choice, we will:

a. Arrange for the repair of your motor vehicle; or


b. Pay you the fair and reasonable cost of repairing your
motor vehicle.

1.3 Settling your total loss claim


a. If we decide that the damage to your motor vehicle is
so extensive that it would not be safe or economical
to repair, or it has been stolen and not found, we will
declare your motor vehicle a total loss.
b. In the event of a total loss, your motor vehicle
wreckage, including any accessories (disclosed or
undisclosed) and unexpired registration will become
our property and we will retain the proceeds from any
sale.
Once we accept your claim and decide your motor
vehicle is a total loss, we will settle your claim as follows:

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If your motor vehicle
Your motor vehicle
becomes a total loss;
New Toyota We will replace your
motor vehicle with a
Your Toyota is less new motor vehicle of a
than 3 years since first similar make, model and
registration as a new specification.
motor vehicle in NZ, is
still covered by the new
motor vehicle warranty,
has travelled less than
100,000 kms and was
purchased by you from
a Toyota Store with an
odometer reading of less
than 5,000kms.
Signature Class We will either at our
option replace your
Your Toyota is still motor vehicle with
covered by a Signature another motor vehicle of
Class warranty, was similar year, make, model
purchased by you from and specification or pay
a Toyota Store less you the amount you paid
than 2 years ago and to purchase the motor
has travelled less than vehicle as stated on your
100,000 kms since Vehicle Offer and Sale
purchased. Agreement.
Used motor vehicle We will pay you the
purchased from a Toyota amount that you paid
Store to purchase the motor
vehicle as stated on your
Your motor vehicle was Vehicle Offer and Sale
purchased by you from a Agreement.
Toyota Store less than 1
year ago.
All other motor vehicles We will pay you either the
Agreed or Market value
as stated on your policy
schedule.

1.4 What we will not pay


When your motor vehicle is repairable, we will not pay:

a. Any costs due to the inability to match existing paint,


wheels or tyres;
b. Costs to replace any part or accessory that has not
suffered a loss;

13
c. Any costs associated with repairing faulty
workmanship or incomplete repairs previously carried
out on your motor vehicle prior to an accident;
d. Any costs associated with repairing any existing
damage your motor vehicle had prior to an accident
which resulted in a claim; or
e. Any reduced value of your motor vehicle after your
motor vehicle has been damaged and repaired in
accordance with this policy.
In addition please also read, “What is not covered by this
policy”, in section 3.

14
SECTION 1A:
ADDITIONAL BENEFITS
These benefits automatically extend the coverage under
section 1 and are only paid if we accept your claim under
this policy. Please note that some have special limits
that apply.

1A.1 Toyota repair guarantee


a. When your motor vehicle is repaired by one of our
Toyota Insurance Nominated Repairers, we will
guarantee the quality of workmanship, parts and
materials used to complete the repairs for your claim.
b. The guarantee will remain in place while your motor
vehicle is owned by you in New Zealand.

1A.2 Toyota genuine parts


a. If your Toyota is less than 3 years old, from the date
of first registration, at the time of the accident or
loss covered by this policy, we will use new Toyota
genuine parts sourced through multiple distribution
channels when replacement parts are required to
repair your motor vehicle.
b. For all other Toyota motor vehicles, we will use Toyota
genuine parts that are compatible with the age and
condition of the motor vehicle at the time of loss.
c. Motor vehicles not manufactured or imported by
Toyota may be repaired using parts not made by the
manufacturer but they will be compatible with the
age and condition of the motor vehicle at the time of
the loss.
d. The Toyota genuine parts benefit does not apply
to windscreens and window glass. We will replace
windscreens and window glass with compatible
aftermarket glass that meets all New Zealand safety
standards.

1A.3 Courtesy/Rental motor vehicle


after accident/theft
a. This cover applies if you choose one of our Toyota
Insurance Nominated Repairers.
b. We will arrange a courtesy motor vehicle of our
choice from one of our Toyota Nominated Repairers
or a rental motor vehicle (Toyota Corolla or
equivalent) with our agreed supplier.

15
c. This temporary benefit will be provided from the date
you report your claim to us and will cease the earlier of:
• The date that repairs on your motor vehicle are
completed;
• The date your motor vehicle is found following
theft;
• The date we settle your claim; or
• 21 days from the date you received the temporary
motor vehicle.
d. We do not pay for fuel and running expenses or any
additional charges for extras.
e. If no such motor vehicles are available in a location
suitable to you, we will do our best to arrange a
satisfactory alternative motor vehicle. Depending
on the circumstances, we may ask you to make a
contribution to the cost.
f. If we provide a rental motor vehicle you, can choose
a different motor vehicle provided you agree to pay
any additional costs the rental car company may
charge. Alternatively, with our prior approval, you
may arrange and pay for a rental motor vehicle of
your choice and we will reimburse you up to $33
per day, up to a maximum of $700. To claim this
reimbursement you will need to provide a copy of
your GST invoice and proof that you have paid for it.
g. Before a temporary motor vehicle can be provided
you must meet any eligibility guidelines of the Toyota
Insurance Nominated Repairer or the rental car
company we choose to use. If you do not meet these
guidelines, we will not provide this benefit.
h. Courtesy and rental motor vehicles that we have
arranged for you are automatically covered under
your insurance policy and should you need to make
a claim for loss or damage, your normal excess will
apply.

1A.4 Glass cover


a. If we agree to pay a claim for replacement of your
glass:
• you will not have to pay any excess for the first
claim for windscreen or window glass replacement;
and
b. For all second and subsequent claims:
• you will have to pay a basic excess; and
c. You will not pay an excess for windscreen chip repairs.

16
d. Glass means windscreens, side and back window
glass. It does not include headlights, taillights, mirrors
or sunroofs.
e. We will replace windscreens and window glass with
compatible aftermarket glass that meets all New
Zealand safety standards.

1A.5 Emergency trip continuation


a. If your motor vehicle cannot be safely driven
after being stolen and/or damaged in an accident
more than 100 kilometres from your home, we will
reimburse the reasonable costs for essential:
• transportation for you and your passengers to
your home or destination;
• transportation to collect your motor vehicle when
it has been repaired; and
• temporary accommodation (room rental only)
for you and your passengers, up to a maximum of
$1,000 in total.
b. Emergency trip continuation costs can be incurred
without our prior approval, but we will need you to
provide us with receipts and/or invoices relating to
these costs.

1A.6 Re-delivery costs


a. If the accident occurs more than 100 kilometres
from your home, we will cover what we consider
to be reasonable costs of transporting your motor
vehicle to your home once it has been repaired, or
transporting your motor vehicle to a repairer of our
choosing in your local area prior to its repairs.

1A.7 Taxi fares


a. Where your motor vehicle cannot be safely driven
following accidental damage or theft less than 100
kilometres from home, and you need to arrange a taxi
from the scene of the accident, we will reimburse you
up to $100 in total for the costs of a taxi fare to your
chosen location.
b. Receipts for payment of the taxi fares must be
produced in support of any claim.

1A.8 Towing and storage


a. If your motor vehicle cannot be driven safely
following an accident we will pay the reasonable
costs to tow your motor vehicle to the nearest
repairer or other secure place authorised by us.

17
b. If your motor vehicle is stolen and then found, we will
pay the costs of returning it to the place it was stolen
from, or to another place we agree on.

1A.9 Temporary cover when you


replace your motor vehicle
a. If you purchase a replacement motor vehicle, we will
provide temporary cover up to 14 days.
b. The temporary cover is for the purchase price paid for
the replacement motor vehicle up to $100,000.
c. This policy will not cover two motor vehicles at the
same time.
d. There is no cover if the replacement motor vehicle is
covered by any other insurance policy.

1A.10 Keys and locks


a. If during the period of insurance all of the keys or
devices giving access to your motor vehicle are
stolen or lost, or you believe on reasonable grounds
they have been illegally copied, we will pay for
replacement of your motor vehicle’s keys or devices
and/or recoding of your motor vehicle’s locks and
barrels.
b. We will provide this cover if:
• the theft or loss of the keys/devices has
been reported to the police, and the police
investigations conclude they are unlikely to be
found;
• the locks and barrels to your motor vehicle are not
damaged;
• the keys or devices were not stolen by a relative,
spouse or de facto, invitee, any person ordinarily
residing with you or with whom you ordinarily
reside, or any other person insured under this
policy: and
• you are not covered under any other insurance
policy.
c. The most we will pay under this benefit is $1,000
(over and above any basic excess that applies to your
policy).

1A.11 Personal injury cover


a. This cover applies provided such injury occurs as
a direct result of the accident for which we have
accepted a claim under this policy and within 3
months of the date of that loss.

18
b. This cover applies if you, or your spouse or immediate
family suffer bodily injury or death in an accident
anywhere in New Zealand while traveling in your
motor vehicle.
c. The most we will pay under this benefit is $5,000 in
any one period of insurance. If more than one person
is entitled to payment, we will pay proportionately to
the number of eligible persons.
d. The amount we pay will be a percentage of the
compensation based on the following table:
- Death.................................................................. $5,000
- Total and irrecoverable loss of sight to
both eyes............................................................ $5,000
- Total and irrecoverable loss of sight to
one eye................................................................$2,500
- Total and permanent loss of both hands
or both feet or of one hand together with
one foot.............................................................. $5,000
- Total and permanent loss of the use of
one hand or one foot.........................................$2,500
e. We will not pay this benefit:
• where the death or bodily injury was caused by
suicide or attempted suicide;
• if the insured named in the policy schedule is not
an individual;
• where the benefit has already been paid (or
is payable) under another insurance policy in
connection with the same loss; or
• if you or your spouse or immediate family were
not seated in the motor vehicle in accordance with
New Zealand law.

1A.12 Medical expenses


a. This cover applies provided such injury occurs as
a direct result of the accident for which we have
accepted a claim under this policy and within 3
months of the date of that loss.
b. If you, your spouse or immediate family suffer bodily
injury in a motor vehicle accident, we will pay for
medical, surgical or dental expenses over and above
any accident compensation or private insurance
payment.
The most we will pay under this benefit is up to $500 for
any one event.

19
1A.13 Personal items
a. We will pay up to $1,000 if personal property
belonging to you, your spouse or dependent children
is:
• stolen from inside your locked motor vehicle;
• stolen with your motor vehicle; or
• damaged as a result of an accident involving your
motor vehicle.
b. Subject to a claim being accepted on the policy for
loss or damage to your motor vehicle at our choice
we may:
• repair or replace the item;
• pay the cost of repairing the item; or
• pay you an amount that we believe represents a
fair market value for the item at the time of the
accident or loss.
c. We will not pay for items recovered in an undamaged
condition.
d. No cover is provided for cash, cheques, negotiable
items, credit cards, jewellery, dashboard cameras,
radar detector or items used for earning income.
e. No cover is provided for any form of electronic
devices.
f. We may also require that you provide us with a police
report and the relevant receipts and/or invoices
relating to the items.
g. We will not pay for any property that is covered under
any other insurance policy.

1A.14 Baby capsules and motor


vehicle child seats
a. Subject to a claim being accepted on the policy for
loss or damage to your motor vehicle we will pay up
to $500 each to replace baby capsules or child seats
fitted to your motor vehicle which are:
• stolen from inside your locked motor vehicle;
• stolen with your motor vehicle; or
• damaged as a result of an accident involving your
motor vehicle.
b. Subject to a claim being accepted on the policy for
loss or damage to your motor vehicle at our choice
we may:
• replace the item; or

20
• pay you an amount that we believe represents a
fair market value for the item at the time of the
accident or loss.
c. We will not pay for items recovered in an undamaged
condition.
d. We may also require that you provide us with a police
report and the relevant receipts and/or invoices
relating to the items.

1A.15 Finance gap


a. If your motor vehicle is declared a total loss and
the amount owing on your finance contract with
Toyota Financial Services is more than the amount
we agree to pay to settle your claim, we will pay any
outstanding loan balance as at the date of the event
that caused the total loss of your motor vehicle.
b. We will not pay for any payment of arrears or penalty
interest due prior to the accident or theft.
c. The most we will pay under this benefit will be 20% of
the market value of your motor vehicle.

1A.16 Trailers, boats, caravans


a. We will pay for accidental loss, damage, or theft to
your registered trailer, boat or caravan, which at the
time of the accident:
• was attached to your motor vehicle; or
• became accidentally detached from your motor
vehicle as a result of the accident.
b. We will pay the lesser of:
• the costs to repair your trailer, caravan or boat; or
• the combined market value of your trailer, caravan,
or boat, up to $1,000 in total.
We will not pay for any property being carried in or on
the trailer, boat or caravan, or for any item that is insured
elsewhere against loss or damage.

1A.17 Marine transportation cover


a. If your motor vehicle is being transported by a marine
vessel within New Zealand waters, we will pay your
contribution for any general average and salvage
charges if such maritime conditions apply.

21
SECTION 2: LIABILITY
PROTECTION
Cover for accidental damage to other people’s property
and reparation.

2.1 Legal liability


a. We will cover your legal liability for loss of or damage
to someone else’s property anywhere in New Zealand
during the period of insurance, caused by an accident
involving:
• your motor vehicle; and
• a boat, caravan or trailer whilst attached to or
accidentally detached from your motor vehicle.
b. We will also cover your legal liability:
• through or in connection with goods being carried
by or falling from the insured motor vehicle and
all costs, charges and expenses necessarily and
reasonably incurred by you and/or by a public
authority to clean up and remove any debris;
• for passengers who are getting into, or getting out
of your motor vehicle with your permission;
• for the insured motor vehicle being unattended;
• for the operation of loading and unloading the
insured motor vehicle but not the collection
or delivery of the load to or from the motor
vehicle beyond the limits of any carriageway or
thoroughfare; and
• caused while your motor vehicle is being driven by
someone else, with your knowledge and consent.
c. The maximum amount we will pay for your legal
liability arising out of any one motor vehicle accident
is $20,000,000.
This policy will not provide cover for your legal liability
in these areas where that cover is provided under any
other insurance policy held by you.

2.2 Legal costs


a. We will pay for all legal costs and expenses, which
may be reasonably incurred for any claim or action we
have defended in your name in relation to this policy,
provided we have given our prior approval for these
costs.

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2.3 Reparation
a. We will cover the reparation you are required to pay
to a victim who has suffered bodily injury or death as
a result of you committing an offence in connection
with the use of your motor vehicle, provided that:
• you tell us immediately if you or anyone entitled
to cover under section 2.3 is charged with any
offence in connection with the use of a motor
vehicle which resulted in loss of or damage to
property or bodily injury to another person, and
• we give our written approval before any offer of
reparation is made.
b. This cover is also available for any person driving
your motor vehicle provided that they had your
permission to use your motor vehicle and they are
not otherwise insured for their liability to pay the
reparation.
c. We will not cover any amounts that are covered
under the Accident Compensation Act 2001 (the
Act), or would be covered but for:
• a failure by the victim to correctly notify a claim
to the Accident Compensation Corporation within
the time required under the Act;
• the victim’s decision, for whatever reason, not to
claim any amount he or she would be entitled to
claim under the Act; or
• a decision by the Accident Compensation
Corporation to decline a claim or limit its liability in
whole or in part and for any reason whatsoever.
d. The maximum amount we will pay for reparation
arising out of any one motor vehicle accident is
$1,000,000.
Reparation means an amount ordered by a New Zealand
Court to be paid to the victim of an offence under
section 32 of the Sentencing Act 2002.

2.4 Manslaughter defence


a. We will pay up to $2,000 for the cost of professional
legal advice or representation if you or any insured
driver is charged with manslaughter or dangerous
driving causing death arising out of an accident
involving your motor vehicle for which a claim is
accepted under this policy, provided we have given
our prior approval for these costs.

23
2.5 What we will not pay
We will not pay under section 2:

a. Any loss or damage that occurs to your own property


or to property which is in your possession, custody
or control, or is owned by the person driving or in
custody of your motor vehicle.
b. If your vehicle was being used without your
permissions at the time of accident.
c. Any loss or damage caused if you or someone else
using your motor vehicle:
• does not observe the terms and conditions of the
policy;
• has other insurance which covers the liability; or
• has agreed to accept liability without our express
written consent, and where such liability would not
have existed without that agreement.
d. Any liability which is insurable under a statutory or
compulsory insurance or compensation scheme or
another insurance policy covering such liability.
e. Any fines, penalties, reparation or punitive or
exemplary damages.
f. Any defence costs, court costs, levies or costs
awarded for any offence under reparation.
g. If you or any other person driving your motor vehicle
with your consent assumes liability or enters a
contract, warranty or agreement, unless such liability
would have existed if you had not entered into such
contract, warranty or agreement.
h. Any liability for loss to any property (including any
road) arising from vibration caused by the insured
motor vehicle, or the weight of the insured motor
vehicle including the weight of the load being carried.

24
SECTION 3: WHAT IS
NOT COVERED BY THIS
POLICY
The exclusions contained in this section apply to all
parts and sections elsewhere in the Policy.

3.1 General exclusions


We will not pay for any claim caused by or arising out of:
a. Any loss, whether financial or otherwise, because you
cannot use your motor vehicle;
b. Any loss in value to your motor vehicle after your
motor vehicle has been damaged and repaired in
accordance with this policy;
c. Any other consequential losses unless stated
otherwise in this policy;
d. Costs incurred due to an unreasonable delay in you
notifying us of a claim, or demand upon you that may
lead to a claim, fines, penalties or liquidated damages;
e. Any loss or damage to accessories unless such
equipment is the manufacturer’s standard fitting for
the vehicle model, or the accessories and their value
are specified in the policy schedule;
f. Your motor vehicle being altered by modifications
from the original manufacturer’s specifications,
unless you have told us of these modifications, and
we have agreed to cover them;
g. Any loss or liability where cover is already provided by
other insurance. We will not contribute towards any
claim under any other policy;
h. Any loss of electronic data and/or liability arising
from this, including loss of use, reduction in
functionality or any other associated loss or cost in
connection with the electronic data;
i. Any loss or damage to your motor vehicle (including
damage to the engine or fuel system in your vehicle)
caused by the incorrect type of fuel or additive being
used.

3.2 Protecting your property


a. There is no cover if you fail to take all reasonable
steps to safeguard your motor vehicle from loss at
all times. For example, if you leave the car unlocked
and/or the keys inside while the motor vehicle is
unattended.

25
3.3 No cover for certain events
a. We will not pay for any claims caused by or arising out
of:
• war, act of terrorism, hostilities or war like
activities , invasion, act of foreign enemy (whether
war is declared or not), rebellion, civil war,
revolution, insurrection, military or usurped power;
• environmental, biological, chemical radioactive,
or nuclear pollution, contaminated fuel including
diesel bug or explosion;
• contamination from natural, organic or corrosive
substance (e.g. damage from tree sap or bird
excrement);
• lawful seizure or taking possession of your motor
vehicle by any person or organisation lawfully
entitled to do so; or
• being used for any unlawful purpose, including
the carrying of hazardous or inflammable goods
in excess of that permitted by government
regulation, unless you can prove that such use was
without your knowledge or consent.

3.4 No cover for accidents involving


alcohol or drugs
a. We will not pay your claim if your motor vehicle was:
• being driven by you or any other person whilst
under the influence of alcohol or illicit drugs; or
• who had a blood or breath alcohol level in excess
of the percentage permitted by New Zealand law;
or
• who refused to submit to any test to determine the
level of alcohol or drug.
b. There is no cover if the motor vehicle is being driven
by you or any other person, after receiving advice
from a medical practitioner not to drive, or whilst
under the influence of prescribed medications that
impair the ability to drive;
c. This clause does not apply if the person in charge
of driving your motor vehicle, has stolen or illegally
converted the motor vehicle provided you lay a
complaint with the police.

3.5 No cover for certain kinds of


damage
There is no cover for:

26
a. Depreciation, wear and tear, rust or corrosion; or
b. Mechanical, structural, electrical, or electronic
breakdown or malfunction, or damage resulting from
any software virus or computer chip failure; or
c. Damage to tyres caused by brake application,
punctures, bursting or cuts, except where damage is
as a result of an accident or malicious damage; or
d. Signwriting, decals, motor vehicle wraps and artwork
unless these are specified on the policy schedule.

3.6 No cover for damaged or unsafe


motor vehicles
There is no cover if:

a. Your motor vehicle is being used in an unsafe or un-


roadworthy condition or does not display a current
Warrant of Fitness;
b. Your motor vehicle was carrying passengers or a load
(including towing) in excess of that recommended by
the motor vehicle manufacturer, and this contributed
to the loss or damage;
c. You or any other person continues to drive your
motor vehicle in a damaged state.

3.7 No cover for intentional or


reckless conduct
There is no cover if:

a. The motor vehicle is being used in a reckless, grossly


irresponsible or grossly negligent way by you or
anyone in charge of your motor vehicle.
b. Intentional loss or damage is caused by you or any
person acting with your express or implied consent.
c. The motor vehicle is being driven by you, or any other
person who was using a handheld mobile phone,
navigation device or other communication device.

3.8 No cover for unlicensed drivers


a. There is no cover if the motor vehicle is being driven
by you, or any other person who was not licensed to
drive or the driver was not complying fully with the
limitations, terms or conditions of their licence.
b. This clause does not apply if the person in charge
or driving your motor vehicle has stolen or illegally
converted the motor vehicle, provided you lay a
complaint with the police.

27
SECTION 4: GENERAL
CONDITIONS
4.1 Goods and Services Tax
a. The motor vehicle purchase price, market value,
policy sub-limits and excesses are GST inclusive
unless otherwise stated.

4.2 Jurisdiction
a. This policy is issued by Aioi Nissay Dowa Insurance
Company Limited in New Zealand.
b. This insurance contract is governed by New Zealand
law. The New Zealand courts and tribunals will have
exclusive jurisdiction over any legal proceeding or
action arising from, or in relation to, this insurance
contract. The exclusions and conditions in this
insurance contract are subject to your rights
under the Insurance Law Reform Act 1977 and the
Insurance Law Reform Act 1985.

4.3 Changing your policy


a. We can change the terms of your insurance by writing
to you or emailing you at the last known address or
email address that we have for you. Any changes will
become effective from the 14th day after the date of
notice or our email.
b. You can ask to change your policy at any time. We
must agree in writing to any changes before they
become effective. We will also advise if a different
premium applies.
c. If there is a change in your circumstances, or you fail
to tell us about a change immediately and we become
aware of this, or you fail to pay us any additional
premium, we may:
• change your policy terms and make alterations to
your premium;
• reduce cover or change limits; or
• cancel your policy.

4.4 Renewing your policy


a. Before the expiry of your insurance cover, we will
send a renewal offer to you at the email or postal
address we have recorded for you.
b. We may adjust the agreed value each year on
renewal. Your motor vehicle’s agreed value will be
recorded in the policy schedule.
28
c. Paying your premium means that you have accepted
the new policy terms.

4.5 If you change your mind


a. If you change your mind you can cancel your policy
within the cooling off period of 21 days from the day
cover began provided you have not made a claim. We
will then refund in full any premium you have paid.

4.6 Cancellation by you


a. You may ask us to cancel this policy at any time. If
you cancel your policy, this will be effective from
the date we receive your request and we will refund
the balance of premium in respect of any unused
portion of the period of insurance less any processing
charge to cover our reasonable administrative and
transaction costs. You must pay any outstanding
premium due for the used portion of the period of
insurance.
b. If you have obtained finance for any premium,
payments of refunded premium or any proportionate
rebate as referred to in the Credit Contracts and
Consumer Finance Act 2003, if applicable, will be
made to the credit provider or whoever the credit
provider directs us to pay.

4.7 Cancellation by us
a. We can cancel your policy for any reason in
accordance with relevant insurance law, by writing to
you at your last known address or email address that
we have recorded. Cancellation is from the day after
the date of our notice or email.
b. If we cancel your policy by writing to you, we will
refund the balance of premium paid in respect of
any unused portion of the period of insurance, less
any processing charge to cover our reasonable
administrative and transaction costs.
c. We will refund the premium in accordance with
section 4.6b, if you have obtained finance for any
premium.
d. If your motor vehicle is determined by us to be a
total loss following a claim, then the cover provided
under this policy will cease with no refund of premium
paid for the period of insurance. Furthermore, if
your premium is paid by instalments and/or has not
been paid in full for the period of insurance in which
the claim occurred, you will be required to pay the
balance of any remaining premium owing for that
period of insurance.
29
4.8 Overdue instalments and
cancellation
a. If you pay your premium by instalments and your
instalment is overdue, we can do one or all of the
following:
• refuse to pay a claim for an accident that occurs
after your payment due date if an instalment is 14
days (or more) overdue;
• cancel your policy without notifying you in
advance if an instalment is 1 month (or more)
overdue. Cancellation is from the first day of the
period to which the unpaid premium relates;
• deduct the overdue amount with your next
monthly payment; including from any payments on
renewal of your policy.

4.9 Interest in your motor vehicle


ceases
If you dispose of your motor vehicle or your interest in
your motor vehicle ceases, this policy will immediately
cease. If this happens we will refund the unused part
of your premium for the current policy period, less any
administrative and transaction costs.

30
SECTION 5: MAKING A
CLAIM
5.1 To make a claim on this policy
These are your responsibilities when making a claim. If
you do not fulfil these responsibilities, we can decide not
to accept a claim.

a. Ensure that you take all reasonable steps to secure


or recover your property, and to minimise the risk of
further loss, damage or liability.
b. Unless extenuating circumstances apply, we ask that
claims are notified as soon as reasonably possible
after the accident occurred.
c. Obtain details of any other person or motor vehicle
involved and any witnesses.
d. Provide us with all the information that we request
from you, so that we can properly assess your claim,
and give us access to examine and assess any loss,
damage or liability.
e. Refer any communication from other parties to us so
that we can respond on your behalf.
f. Do not admit liability, guilt or make a promise or offer
to settle the matter or defend the matter.
g. Do not dispose of or abandon any property for which
you intend to claim for.
h. Present your motor vehicle for inspection to a
repairer that we have agreed will be used.
i. Contact the police immediately and complete a
police report where people are injured in the accident
or if your motor vehicle is stolen, broken into or
maliciously damaged.
j. You must provide us with any further information,
documents or authorities that we may ask for.
k. You must get our permission before you arrange
for repairs to the insured motor vehicle, unless it is
necessary to prevent further loss, damage or liability.
l. You must help and cooperate with us as we
reasonably require, including after your claim is
settled. This may involve attending court to give
evidence.

31
5.2 Deciding who is at fault
a. We will be solely responsible for deciding whether
you or your driver contributed to the cause of an
accident.

5.3 Your promise to us


a. We may have the right to recover amounts from other
persons. We will have full control in the conduct,
defence or settlement of any claim, and to take any
action in your name.
You authorise us to complete all necessary documents
and authorities relating to the claim as your agent.

5.4 Financially interested parties


a. If we know of anyone with a financial or security
interest over your motor vehicle, we may, at our
option, partially or fully make payment in settlement
of any claim direct to the interested party to the
extent of their interest.
b. Any person shown on the policy schedule as an
interested party is not covered by this policy and has
no right to make a claim.
c. You authorise us to transfer any of your personal
information to the interested party.

5.5 If you have other insurance


a. If you make a claim under this policy and there is
another policy that covers any loss or liability, we will
not contribute towards any claim under any other
policy.

32
SECTION 6: YOUR
EXCESS
6.1 What you must pay in the event
of a claim
a. An excess is the amount you must pay when you
make a claim on this policy even if you are not
responsible for the loss or damage. The amount and
types of excess applicable are shown on your policy
schedule.
b. There are five types of excess:
• Basic Excess
The basic excess is shown on your policy schedule
and consists of a mandatory standard amount, plus
any voluntary or additional amount you selected in
return for a reduction in premium, plus any amount
we may impose. The basic excess is the first
amount you have to pay on each claim.
• Age Excess
The age excess applies if the driver is under 25
years old at the time of the accident.
• Inexperienced Driver Excess
The inexperienced driver excess applies for claims
made where at the time of an accident the driver
does not hold a full New Zealand licence or has not
held a full New Zealand licence for more than two
years.
• Special Excess
The special excess applies where your particular
circumstances impact the risk covered by your
policy and may be imposed.
• Undisclosed Driver Excess
The undisclosed driver excess applies to any claim
where at the time of an accident, the driver of
your motor vehicle was under the age of 30 and
was under the age of the youngest driver noted
on the most recent policy schedule or renewal
notice. For example, if the driver was 23 and the
youngest regular driver noted on the most recent
policy schedule or renewal notice was 24, then the
undisclosed driver excess would apply.
The undisclosed driver excess is payable in
addition to other excesses if we accept your claim.

33
c. You do not have to pay an age excess, inexperienced
driver excess or undisclosed driver excess if claiming
for loss or damage caused by theft, or attempted
theft, fire, flood, hail, storm or malicious damage.

6.2 Reimbursing your excess


We will reimburse your excess if:

a. You provide the correct registration number of the


motor vehicle that caused the accidental damage;
and
b. You provide the correct name and contact number or
address details of the person who is responsible for
the accidental damage; and
c. The person responsible confirms his or her
involvement in the event; and
d. We decide that you, or a driver of your motor vehicle,
are not responsible for the accidental damage to your
motor vehicle.

34
SECTION 7: GENERAL
POLICY INFORMATION
7.1 If you have a concern
Talk to us first
We’re committed to providing you with the highest
standard of service. If you have a concern with any
aspect of our service, or decision we have made
please bring it to our attention by contacting us on
09 921 5740 or 0800 ABOUTU (0800 226 888).

Our internal review panel


If our Customer Services team have been unable to
resolve your problem, you can make a formal complaint
in writing to Toyota Insurance Internal Complaints
Review Panel, PO Box 17504, Greenlane, Auckland 1546
or email: [email protected].

If our internal process has not worked for you


If the matter is not resolved to your satisfaction by
our internal review panel, you can ask the Insurance
and Financial Services Ombudsman to review your
complaint. The Insurance and Financial Services
Ombudsman is an external dispute resolution scheme
which you have free access to. Please refer to their
website www.ifso.nz for further details of this service.

35
SECTION 8: DEFINITIONS
8.1 Words with special meanings
Some of the words in your policy have special meanings
wherever they appear. These words and their meanings
are defined below:
“accessories” means an item kept in or on your motor
vehicle that is not directly related to the function of the
motor vehicle. This includes but is not limited to:
• Removable items such as seat covers, mats, cargo
liners, deck liners, tonneau covers, canopies and
hard lids
• Roof racks, cargo barriers and tow bars
• Winches, snorkels, fog lights and side steps
• Fire extinguishers
• Decals
• Weather shields and monsoons.

“accident” or “accidental” means a mishap or series


of mishaps that was unintended or unexpected by you
or the driver of your motor vehicle, which involves your
motor vehicle and arises from a single event.
“agreed value” means the amount we determine at the
inception of your policy and at each renewal, as stated
on the policy schedule. This includes any modifications
or accessories that are attached to your motor vehicle.
“business use” means your vehicle is covered when
used for private use and when used for your business,
profession, occupation or income earning purposes
provided that use is not otherwise excluded by the
policy.
“driver(s)” means any person who is driving or in
control of your motor vehicle with your express consent.
“electronic devices” means mobile phone, iPads,
iPods, watch, laptops, digital cameras including any
photography equipment, gaming consoles, headphones
and any other portable electronic devices.
“excess” means the amount you must pay when
you make a claim on this policy even if you are not
responsible for the loss or damage.
“market value” means our determination of your motor
vehicle’s value immediately prior to the event that leads
to a claim under the policy. Our determination will take
into account such things as your motor vehicle’s age,
condition and kilometre’s travelled.

36
“modifications” means any changes or alterations from
the manufacturer’s specifications to the motor vehicle.
This includes but is not limited to:
• An alteration that changes the performance or
handling of the motor vehicle such as a non-
standard exhaust, lowered, spoiler, body kit, wide
rims or bull bars;
• Changes to the engine, steering, suspension or
chassis;
• Changes to the computer or fuel system;
• Custom paint work and cosmetic upgrade such as
tinted windows;
• Electrical equipment.
“period of insurance” means the period of time
commencing on the effective date stated in the policy
schedule and ending at 4.00pm on the expiry date
stated in the policy schedule.
“policy schedule” means your most recent policy
schedule and or renewal notice which sets out who is
insured, the cover(s) selected, the period of insurance,
the limits of liability, excesses and other important
information. This includes the proposal form and
temporary policy schedule given to you when you
purchased this policy and any other notices we may give
you from time to time.
“private use” means your motor vehicle is covered for
domestic, recreational or farming purposes, including
driving to and from your regular place of work.
“total loss” means in our opinion the motor vehicle is
unable to be repaired economically or it has been stolen
and not found, provided we have received or gathered
all the information we require to finalise your claim.
“unattended” means neither the driver nor any
passenger is in the vehicle.
“we”, “us” or “our” means Aioi Nissay Dowa Insurance
Company, Limited.
“you” or “your” means the person(s) named in the
policy schedule as the insured.
“your motor vehicle” or “ the insured motor vehicle”
means the registered and licensed motor vehicle
described in the policy schedule including:
• the standard tools as supplied by the
manufacturer, providing they are in or attached to
your motor vehicle; and
• any accessories and modifications that have been
agreed to cover as described on the current policy
schedule.
37
09 921 5740 or 0800 ABOUTU (0800 226 888)
www.toyota.co.nz/insurance
Toyota Motor Vehicle Insurance is administered
by Aioi Nissay Dowa Management New Zealand
Limited.

The insurer is Aioi Nissay Dowa Insurance


Company, Limited, a company licenced to carry
on insurance business in New Zealand.

AIOTI1001 08/20

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