car insurance

policy document
car insurance

great service and

better benefits
NI 29 March 2018
SECTION NAME - CAR INSURANCE

if you need to contact us:

For queries on your policy

0345 828 2822

Online
Log onto www.axani.co.uk - you can make policy changes online anytime or
find answers to just about anything.

www.axani.co.uk
Drop into your nearest branch
We have branches all over Northern Ireland. Drop in and we will be happy to
discuss your insurance needs face to face.

Claims
If you need to:
¢ Make a claim
¢ Get a windscreen repaired
¢ Arrange for breakdown assistance

0345 828 2823

 CAR INSURANCE - SECTION NAME

Welcome to your AXA motor insurance policy

Thank you for choosing AXA as your insurer. We are one of the largest insurance groups
in the world. Here in Northern Ireland, we meet the motor insurance needs of thousands
of people.

„„You chose us because you need protection. You also want a level of service second
to none and, if you need help with claims, we will be there when you need us most.

This is your policy document. It is the contract that we have made with each other.
We appreciate insurance can be a complicated business so we have made the layout and
language as easy as possible to follow.

Please read it carefully and if you have any questions, please contact us in the way that
suits you.

Please look out for the ‘Axclamation’ mark. It will help you find your way
around our policy document and let you know about important information.
QUICK ANSWERS - CAR INSURANCE

need to find something quickly?

If the question is... then look at page
How do I complain? 6
How do I complain to the Financial Ombudsman Service? 6
Can you settle ‘third party’ claims without my agreement? 13
I’ve had an accident, what do I do? 8
I’ve just received a letter saying I caused an accident, do I reply? 8
How do I claim if my car is stolen? 14
Some personal belongings were stolen from my car, am I covered? 21
What’s an excess? 25
How do I find out if I can drive someone else’s car? 31
I don’t understand my ‘no claims discount’, where do I look? 35
My car broke down, have I got ‘car rescue’ cover? 48
I’ve lost my car keys, am I covered? 48

and if your question is one of these

I want to change my car, how do I do this?
I’d like to change my cover, who do I contact?
What do I do if I want to add or delete drivers?
I’ve moved house, do I need to let you know?
I’m changing jobs, is my insurance cover affected?
I’ve had penalty points added to my licence, does this affect my premium?

Log onto www.axani.co.uk, phone us on 0345 828 28 22

or contact your local branch and we’ll give you the answer.

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 CAR INSURANCE - CONTENTS

table of contents
section page number

Caring for you 6

Definitions 7

Claims Procedures 8

Your policy wording 10

General conditions 11

Section 1: Loss and damage to your car 19

Section 2: Glass breakage 28

Section 3: Medical expenses 30

Section 4: Towing 30

Section 5: Liability to others 31

Section 6: Foreign use 34

Section 7: Our right of recovery 34

Section 8: No claims discount (including accident forgiveness) 35

Section 9: No claims discount protection 37

Section 10: Replacement car plus 39

Section 11: Legal expenses cover 40

Section 12: Car and key rescue 48

Section 13: Injury to driver 54

General exceptions 56

Claims and Underwriting exchange register 58

UK EU Exit Arrangements 59

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CARING FOR YOU - CAR INSURANCE

Caring for you

There may be times when you feel you do not receive the service you expect from us.
This is our complaints process to help you:
„„For a complaint about your policy, contact your local AXA Direct branch on
0345 828 2822
„„For a complaint about your claim, contact our claims action line on 0345 828 2823
„„If we cannot sort out your complaint, you can contact our Customer Care Department
on 0800 0391970 or: email: [email protected] or: write to AXA Insurance,
Customer Care Department, Freepost BEL 2531, Belfast, BT1 1BR.

If you are unhappy with the way we have dealt with your complaint, you may be able to
refer to:
The Financial Ombudsman Service,
„„Exchange Tower, London, E14 9SR, Financial Ombudsman Service - Customer
helpline Monday to Friday – 8am to 8pm Saturday – 9am to 1pm
„„0800 023 4 567 - calls to this number are normally free for people ringing from
a “fixed line” phone – but charges may apply if called from a mobile phone
0300 123 9 123 - calls to this number are charged at the same rate as 01 or 02
numbers on mobile phone tariffs.

These numbers may not be available from outside the UK – so please call from abroad
on +44 20 7964 0500. Email: [email protected]

Our promise to you:

„„We will reply to your complaint within five working days
„„We will investigate your complaint
„„We will keep you informed of progress
„„We will do everything possible to sort out your complaint
„„We will use feedback from you to improve our service.

Financial Services Compensation Scheme (FSCS)

AXA Insurance dac is covered by the Financial Services Compensation Scheme
(FSCS). You may be entitled to compensation in the unlikely event we cannot meet
our obligations to you. This depends on the type of insurance, size of the business and
the circumstances of the claim. Further information about the compensation scheme
arrangements is available from the FSCS (www.fscs.org.uk).

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 CAR INSURANCE - DEFINITIONS

Definitions

Where we explain what a word means, that word will have the same meaning
wherever it is used in the policy or schedule.

Certificate of insurance – Evidence of your motor insurance that we issue. It shows who
is covered to drive your car and the purposes for which it can be used. It also says if you
are covered to drive any other car.
Deception – Where false information is used to make an unfair or unlawful gain.
Endorsement – An alteration to the terms of the policy. We can include endorsements in
this document or we may issue them separately.
Europe – Any member state of the European Union and any other country that is a current
member of the green-card system.
Excess – The first part of any claim which you have to pay.
Market value – The amount that we may pay for your car immediately prior to the loss
or damage.
Misrepresentation – Where a false statement of fact is made from one party to another
and has the effect of inducing that party into a contract.
Period of insurance – The period for which we have accepted your premium.
Personal belongings – Clothes and personal items you own or are looking after.
Policy – The contract of insurance between you and us.
Schedule – A document which gives your details and the cover provided by your policy.
The schedule forms part of this policy.
UK – England, Scotland, Wales and Northern Ireland.
We, our, us – AXA Insurance dac.
You, Your – The policyholder named in the schedule and the motor insurance certificate.
Your car – Any motor car whose registration number appears on a valid certificate of
insurance under this policy.

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CLAIMS PROCEDURES - CAR INSURANCE

Claims Procedures
Had an accident? Don’t panic!

Here’s what to do.

The law
By law, you must stop if there is damage to any vehicle or property, or injury to any
person, or certain animals, including dogs and horses. You must give your name, address
and insurance details to anyone with good reason to ask.

How to help us help you

Make sure you get the names, addresses and phone numbers of any drivers, passengers
or pedestrians involved, and details of any witnesses. By law, drivers must provide details
of their insurance company and their policy number.

Get the other vehicle(s) registration number(s). A diagram of the accident scene is often
helpful. Try to draw one as soon as possible after the accident – show vehicles, the road
layout, other relevant features and the positions of any witnesses. If you have a mobile
phone/camera, please take photographs of the accident scene and the damage to all
vehicles, as these are very helpful to us.

Never admit blame or liability for an accident or offer to pay for any damage. Please tell
us if any other person admits blame.

Even if you do not plan to make a claim, please call our claim line on 0345 828 2823.

We can usually get all the information we need in one phone call, but sometimes we may
ask you to fill in a claim form.

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 CAR INSURANCE - CLAIMS PROCEDURES

Car crime – beat the criminals

Don’t give criminals an easy ride

Car crime makes up 20% of all recorded crimes in the UK. But most can be prevented –
and it’s in your interest and ours to take some simple precautions.

Most things are common sense

„„Glass etchings (having your car’s registration number or chassis number engraved
onto your glass) is proven to deter thieves. Contact your local Autoglass branch for
free glass etching
„„Never leave valuables on view in the car
„„Use good-quality locks and security devices
„„Never leave your keys in the ignition, even for a moment!
„„Remove CD players, radios, portable satellite navigation devices and keep personal
belongings from view
„„Park in a secure place if you can. If you have a garage, use it and lock it
„„Do not leave your spare car keys at home in any place where a burglar can easily find
them, such as on a shelf or hook. Thieves often break into houses just to steal the car.

For more information, ask the crime prevention officer at your local police station or
visit: www.crimereduction.gov.uk/crimeprevention/vehiclecrime

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CAR INSURANCE - YOUR POLICY WORDING

Your policy wording

This document and any endorsements that are included in it sets out your and our rights
and responsibilities.

The insurer that your contract is with is AXA Insurance dac which is established in Ireland.
Both you and we can choose the law within the European Union which will apply to the
contract. We propose that the law of Northern Ireland will apply.

The cover you have bought has many benefits to give you peace of mind. However, as
with all insurance contracts, there will be circumstances where cover will not apply.
These are shown in this document.

Please read your policy carefully.

Your policy includes:
„„the policy wording in this booklet
„„the current certificate of motor insurance
„„the schedule that has your details and the cover that applies and
„„any endorsement which applies.

Unless a section or part of this policy shows the countries to which it applies, the cover
provided by this policy applies only to death, injury, loss or damage happening in or
between Northern Ireland, Republic of Ireland, Great Britain, Isle of Man and Channel
Islands.

As long as you have paid or agreed to pay the premium, we will cover death, injury, loss or
damage that happens during the period of insurance as described in the following pages
for the sections you have chosen.

On behalf of AXA Insurance dac

Phil Bradley
Chief Executive
AXA Insurance dac
Registered number 136155
Registered office Wolfe Tone House, Wolfe Tone Street, Dublin 1.

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 CAR INSURANCE - GENERAL CONDITIONS

General conditions
You must keep to the following conditions to have the full protection of your policy. If you
do not keep to them, we may cancel the policy or refuse to deal with your claim or reduce
the amount of any claim we pay.

We may revise the conditions set out in this document if in our opinion, circumstances
outside our control have changed in a way which could not reasonably be predicted at the
inception of the policy and where, if we were not to amend this policy the results would
be unfair to you or us. Such circumstances may be a change in the law under which the
policy operates.

1 Cancelling the policy

To cancel the policy, return your certificate of insurance with a written request to:
AXA Direct, Derry Contact Centre, 2 Springtown Business Park, Derry BT48 0GY, or your
local branch.

When we receive your certificate, if you have not claimed or there is no incident that is
likely to result in a claim during the current period of insurance, we will work out a refund
on the following basis.
„„If you cancel within the first 14 days after receiving the policy documents within the
first year of insurance, we will refund your full premium, providing no claims have
been made on your policy
„„If you cancel after the first 14 days after receiving the policy documents and within
the first year of insurance, we will refund your premium based on the figures in the
following table after a £40 administration fee has been taken away
„„If you have had continuous cover for more than 12 months, we will work out the
percentage of premium for the period you have been insured and refund any balance
after a £40 administration fee has been taken away

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GENERAL CONDITIONS - CAR INSURANCE

Period which your policy is in force Percentage of premium returned

Up to 1 month 80%
2 months 70%
3 months 60%
4 months 50%
5 months 45%
6 months 35%
7 months 25%
8 months 20%
9 months 10%
Over 9 months Nil

We will not refund your premium for optional extras, such as injury to driver.

An additional charge may be applied to cover the cost of the Drivesave unit and
installation (Applies to Drivesave policies only).

We will not refund any premium which is less than £12 after we charge a £40
administration fee.

If you have made a claim or there has been any incident that is likely to result in a claim
during the current period of insurance, we will not refund your premium.

We will not refund your premium if you are paying it under an instalment scheme (unless
we are paying back any over-payment).

We can cancel this policy immediately if you do not pay the premium or you miss a
payment under an instalment scheme. You must send us the certificate of insurance.

We may cancel this policy by giving you 7 days’ notice by registered letter to your last
known address and to the Department of the Environment for Northern Ireland.

Subject to the return of the Certificate of Motor Insurance, we will refund an amount of
premium proportionate to the unexpired period of the policy.

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 CAR INSURANCE - GENERAL CONDITIONS

It is important you know that we may have to settle claims without your
permission.

2 Paying by instalments
If you are paying, or have agreed to pay, the premium for this policy by direct debit from
a bank or building society account, you must keep your payments up to date. If you do
not pay by instalments, we will withdraw the option to pay by instalments or cancel the
policy (or both).

In the event of a claim in the current period of insurance, you must pay the full yearly
premium. We have the right to deduct any premium owed to us from any claim we
may pay.

3 Handling claims against you

We may take over and deal with the defence or settlement of any claim in the name of
the insured driver.

4 Changes to your policy

You must tell us immediately about any:
„„change of car or any other vehicle you buy or take ownership of, change of address
and/or occupation
„„convictions, pending prosecutions or any penalty points which apply to you or any
other driver of your car
„„person permitted to drive who has had any restriction placed on the term of their
licence for medical reasons by the DVLNI
„„modifications or alterations to your vehicle including, but not limited to, air induction
kits and filters, lower suspension, change to the exhaust, engine maintenance
computers or adding of body parts
„„change in use or in the main user or
„„other important changes.

We may charge an additional premium for these changes and we have the right to
consent or decline these changes. If you are not sure whether or not certain facts are
important, please ask us.

The premium we quote you for any change to your policy will include a £22.50
administration charge. If a change to your policy, including the administration charge,
results in a refund of less than £12, we will not refund it to you.

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GENERAL CONDITIONS - CAR INSURANCE

5 If you choose not to or cannot drive your car

If your car is laid up and out of use, you can suspend your cover by returning your
certificate.

We will suspend all cover when we receive the certificate, except for loss of damage
caused by fire and theft, or attempted theft, if we cover fire and theft under the policy.
You are entitled to a refund of 75% of the premium for the period we suspend the policy
(80% if cover is third party only) as long as:
„„your car is not laid up as a result of a claim
„„the policy is suspended for more than 28 days
„„the policy is not issued or renewed for less than 12 months and
„„you do not make a claim during the period of suspension.

You must pay all premiums due during a period of suspension by the due date including
any instalment payments.

6 Claims procedure
If there is an accident, you must immediately do whatever you can to protect the car and
its accessories. You or your legal representative must give us full details by phoning the
claims helpline (0345 828 2823) within 48 hours, after any event which could lead to
a claim under this policy. There may be circumstances where we need other details in
writing. You must also immediately send us any letters and documents you receive in
connection with the event before you reply to them. In the event of a claim, we may use
data from the Drivesave unit/app to confirm the location of the vehicle at the time of the
loss and other available information. (Applies to Drivesave policies only).

If you know of any future prosecution, coroner’s inquest or fatal accident inquiry about
any event, you must tell us immediately in writing.

You, and anyone insured by this policy, must not admit anything, or make any offer or
promise about a claim, unless you have our written permission. You must also give us any
information and help we need.

You should not take any action that is likely to prejudice our rights as your Insurer to
validate a claim presented under your policy.

If your car is stolen, you must tell us as soon as possible by phoning our claims helpline
on 0345 828 2823. You must also tell the Police.

You must give us or our appointed representative all information and assistance required.

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 CAR INSURANCE - GENERAL CONDITIONS

7 Looking after your car

You must do all you can to prevent injury to other people and protect your car and keep it
in a roadworthy condition. If you do not do this, your right to claim under your policy may
be affected. You must let us examine your car at any reasonable time if we ask to do this.

You should ensure that:

„„your car, car windows and sun roofs are locked and security devices activated when
your car is unattended
„„tyres on your car are within the legal requirements
„„you put personal belongings in the boot when your car is unattended
„„you have a valid MOT certificate where appropriate. If you do not do so, we reserve
the right not to pay the claim
„„your Drivesave unit is not tampered with in any way (applies to Drivesave policies only)

8 Other insurance
If you make a claim for any liability, loss or damage that is also covered by any other
insurance policy, we will only pay our share of the claim.

Insurance fraud is a crime and penalises innocent drivers.

9 Getting our claims costs back

If we think someone else is at fault for a claim that we pay, we may follow up that claim
in the name of anyone claiming cover under this policy to get back the payments that we
make. Anyone making a claim under this policy must give us any help and information
that we need.

If, under the law of any country in which you are covered by this policy, we have to pay a
claim which we would not normally have paid, we may get that payment back from you or
from the person responsible.

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GENERAL CONDITIONS - CAR INSURANCE

Insurance fraud is a crime and penalises innocent drivers.

10 Misrepresentation and Deception

Definitions:
„„Misrepresentation is when someone makes a false statement to another person to
encourage that person to enter into a contract
„„Where false information is used to make an unfair or unlawful gain.

You must not act in a fraudulent way.

We will take the action shown below if you or anyone acting for you:
„„fails to reveal or hides a fact that is likely to influence whether or not we accept your
proposal, your renewal, or any adjustment to the policy
„„fails to reveal or hides a fact that is likely to influence the cover we provide
„„makes a statement to us or anyone acting on our behalf, knowing the statement is
not true
„„sends us or anyone acting on our behalf a document, knowing the document is false
„„makes a claim under the policy, knowing the claim is false or misleading or
„„makes a claim for any loss or damage you caused deliberately or was caused with
your consent.

This action applies as well as our other rights:

„„We will not pay a claim
„„We will not pay any other claim which has been or will be made under the policy
„„We may declare the policy void (in other words, we can treat it as if it has never
existed)
„„We will be entitled to recover from you the amount of any claim we have already paid
under the policy
„„We will not return your premium
„„We may let the appropriate law enforcement authorities know about the circumstances.

If you commit a fraudulent act against AXA Insurance then we may:

„„cancel that policy or declare it void from inception
„„cancel that policy immediately and return any premium owed to you
„„not pay any claims that have been or will be made under that policy
„„be entitled to recover from you the total amount of any claim already paid under that
policy including any recovery costs
„„inform the Police of the circumstances.

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 CAR INSURANCE - GENERAL CONDITIONS

11 Dispute Resolution
Any disagreement that we have with you and that we cannot settle between us may be
referred to the Financial Ombudsman Service (see on page 6 for contact details).

If the Financial Ombudsman Service will not deal with the disagreement, we may agree
to refer the dispute to arbitration or mediation.

Any dispute or difference arising out of or in connection with this contract shall be
determined by the appointment of a single arbitrator to be agreed between the parties, or
failing agreement within fourteen days, after either party has given to the other a written
request to concur in the appointment of an arbitrator, by an arbitrator to be appointed
by the President or a Vice President of the Chartered Institute of Arbitrators in Ireland.

If you wait more than a year to do this, you will be considered to have abandoned your
claim and you cannot take it up again.

12 Keep to the policy conditions

We will only provide the insurance described in this policy if:
„„the information you gave on your proposal form and declaration is correct and
complete and
„„you or anyone claiming protection has kept to all its conditions.

13 Drugs and alcohol

If your vehicle is involved in an incident and arising from its use, you or any person
insured is convicted of a driving offence involving alcohol or drugs, then cover under
section 1 will not apply.

We reserve the right to recover under section 1 any amounts we have paid to cover any
claims from the accident from you or any person driving.

14 Driving Licence Conditions

No cover will apply under this policy for any driver who is not meeting the conditions of
his/her licence. This includes conditions relating to the class of vehicle being driven, the
requirement to be accompanied when driving under a provisional licence or any other
restriction or condition that may apply.

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SECTION NAME - CAR INSURANCE

15 Customers with Drivesave units/apps in their cars

If data from your AXA Drivesave Unit/App reveals that you are driving dangerously, AXA
may at its sole discretion declare your Insurance Contract void, or cancel your policy, in
addition to any other rights AXA has under the terms of your policy.

16 Assignment and Third Party Rights

Your policy is a legal contract between you and us and nothing in this contract creates any
rights for any other person(s). This also means that, unless it is agreed by us beforehand
in writing, you are prohibited from assigning the policy (or any rights, benefits, causes of
action or proceeds of any claim under the policy) to a third party.

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 CAR INSURANCE - SECTION 1

Section 1
Loss or damage to your car

This part only applies if you have comprehensive cover, or third party fire and theft cover
and the damage is caused by fire or theft.

What is covered?
We will pay for:
„„loss of or damage to your car, and its accessories while in your car, up to the market
value of your car
„„the reasonable cost of protecting and removing your car to the nearest competent
repairer and
„„if your car is repaired, the reasonable cost of delivering your car back to your address
in Northern Ireland.

This will involve:

„„repairing your car in an AXA Approved Repairer or one of your choice or
„„replacing what is lost or damaged, if the cost of repairing it would be more than it
costs to replace or
„„paying the cost of the loss or damage to you or the legal owner if we are told that your
car belongs to someone else.

Using an AXA Approved Repairer will save you time and money.

We will choose which option is appropriate.

If we choose to repair your car but you choose not to use an AXA Approved Repairer:
„„we will not provide you with a courtesy car for the duration of repairs, and
„„we will only pay what our engineer states it would have cost to repair your car in an
AXA Approved Repairer, if the cost of repairs in the garage you choose are higher.

A maximum limit of £350 will operate for all fees connected with towage and storage
of your car provided you notify us of any accident or loss within 48 hours. If you notify
us after 48 hours, we will determine the amount we deem reasonable to pay you for
these fees.

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SECTION 1 - CAR INSURANCE

If your car is stolen and is not found or, after it is found is not worth repairing, we will pay
you the market value of your car, including accessories and spare parts at the time they
are lost, stolen or damaged.

We will also cover accessories and spare parts of your car, which are in your private
garage at the time of the loss or damage. We may choose to repair your car with recycled
parts, where appropriate.

We may use parts that have not been made by the car’s manufacturer, but they will be
of a similar standard. If any lost or damaged parts are no longer available, we will pay an
amount equal to the cost shown in the manufacturer’s latest price guide, together with
reasonable fitting costs.

Get you car repaired in an AXA Approved Repairer and we will provide you
with a replacement car.

Courtesy Car
If you have comprehensive cover, we will provide a courtesy car while repair to your car is
being carried out by an AXA Approved Repairer.

A courtesy car will be available for 7 days if your car is (i) declared a total loss (ii) is
subject to an unrecovered theft loss or (iii) a total loss due to fire.

Replacement Locks
We will pay you up to £500 towards replacing locks and alarms for your car if the keys
for it are stolen from:
„„your home, if force and violence has been used to get into or out of your home.

We will not pay:

„„if your keys are stolen by deception or fraud or taken by a member of your family who
normally lives with you
„„any loss where the keys are recovered before the locks and alarms are replaced
„„for any loss if you do not report the theft of keys immediately to the Police or proper
Police Authority. You will need to provide written proof you have given this notice.

A claim under this section will not affect your no claims discount.

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 CAR INSURANCE - SECTION 1

Personal Accident
If you, or any member of your family normally living with you, suffer accidental bodily
injury in direct connection with your car, or while getting into or out of or travelling in
any other car and the injury results directly and independently of any other cause within
3 months in the following, we will pay the relevant benefit:

Benefit
Death £5,000
Total and irrecoverable loss of sight in an eye £5,000
Loss by severance of an entire hand or foot £5,000

The maximum payment for any person is £5,000.

Payment for death benefit will be made to the deceased’s personal representative.

We will only pay benefits if a claimant is aged between 16 and 75 years at the time
of injury.

You’ve paid good money so please take the time to understand what
you’ve bought

Personal Belongings
We will pay you up to £250 for personal belongings carried in your car if they are lost or
damaged caused by accident, fire, theft or attempted theft.
You are not covered for:
„„money, stamps, tickets, documents, securities (financial certificates such as shares
and bonds), furs or jewellery
„„tools, equipment, goods or samples, carried in connection with any trade or business
or property insured by another insurance policy, or
„„theft of personal belongings if carried in an open-top or convertible car unless they
are kept in the boot.

A claim under this section will not effect your no-claims discount.

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SECTION 1 - CAR INSURANCE

Satellite Navigation Equipment

We will pay you up to £250 for damage to Satellite Navigational Equipment caused
by accident, fire, theft or attempted theft provided that equipment is fitted by the
Manufacturer or Authorised Dealer as original equipment for the vehicle.
A payment under this section will not affect your no claims discount.

Salvage (if your car is written off)

We will settle your claim by replacing your car or by paying the market value (or purchase
price of your car whichever is the lower) of your car before it was damaged. As part of
settling your claim, your car will become our property and you must send us the vehicle
licensing document.

Replacing your car with a new one

We will settle your claim by replacing your car with a new one of the same make, model
and specification if the car is:
„„stolen and not recovered within 14 days or
„„damaged so that repairs will cost more than 50% of the manufacturer’s retail list
(including taxes and the cost of accessories) at the time of the loss or damage.

We will only do this if:

„„the loss or damage happens before your car is one year old
„„you have owned the car or hired it under a hire-purchase agreement since it was first
registered as new and
„„you, and anyone else we know who has an interest in your car, agree.

If a replacement car of the same make, model and specification is not available, the
most we will pay is:
„„the market value of your car and its fitted accessories and spare parts at the time of
the loss or damage, or
„„the manufacturer’s retail price of your car when you bought it less 10%; whichever
is higher.

You can reduce your excess by £100 if you use an AXA Approved Repairer!

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 CAR INSURANCE - SECTION 1

Loss of or damage to a car you are driving which is temporarily

borrowed from another person
This cover does not apply unless it is shown in your schedule under section 1. As well as
covering you for your legal responsibility to others, we will give you cover as described in
section 1 and section 2 if applicable.

This cover will only apply if:

„„the policy schedule shows that your cover is comprehensive;
„„the certificate of motor insurance contains the ‘driving other cars’ clause number
5(b);
„„you are driving a private passenger vehicle. It does not include:
––Vans;
––Car-vans;
––Jeep type vehicles with no seats in the back;or
––Vans adapted to carry passengers.
––Vehicles registered outside the UK
––Vehicles modified beyond manufacturers standard specification
––Vehicles hired or leased to you
––Cars with an engine size greater than 2000cc
„„you are responsible for looking after a car that is being driven under clause 5(b) of
the certificate;
„„the other vehicle is properly compliant with a valid MOT test certificate
„„you do not regularly use or drive the car;
„„there is no other insurance policy which covers you driving that car (whether or not
that policy would cover what is covered by this extended cover);
„„the car does not belong to you or your husband, wife or partner;
„„the other vehicle is properly compliant with road traffic legislation
„„you have the owner’s permission to drive the car and have been driving it for less
than 30 days; and
„„the loss or damage happens in Northern Ireland.
The most we will pay under this extended cover is £30,000.

23
SECTION 1 - CAR INSURANCE

Our uninsured driver promise

If you make a claim for an accident that is not your fault and the driver of the car that
hits you is not insured, you will not lose your no claims discount. Your excess will have
to be paid.

Conditions
We will need:
„„the vehicle registration number and the make and model of the car, and
„„the driver’s details, if possible.

It also helps us to confirm who is at fault if you can get the names and addresses of any
independent witnesses, if available.

When you claim, you may have to pay your excess.

Also, if when your renewal is due investigations are still ongoing, you may lose your no
claims discount temporarily.

However, once we confirm that the accident was the fault of the uninsured driver, we will
restore your no claims discount and refund any extra premium you have paid.

This promise is for comprehensive policyholders only.

24
 CAR INSURANCE - SECTION 1

We don’t want any misunderstanding, so the things we don’t cover

are clearly shown in RED against a light-purple background.

What is not covered under this section

of the policy.
1. Compulsory Excess
A £100 excess applies to all claims under Section 1 - Loss or damage to your car,
other than when
„„Loss or damage is caused by fire, lightning, explosion, theft or attempted theft
„„Vehicle is deemed a total loss as a result of an accident and subsequently written
off by an AXA Engineer
„„This excess is reduced to Nil when an AXA Approved Repairer is used.

You can reduce your excess by £100 if you use an AXA Approved
Repairer!

2. Young Driver Excess

„„If the driver at the time of the accident is aged 17 to 20 years, a compulsory
excess of £250 will apply, other than when:
„„Loss or damage is caused by fire, lightning, explosion, theft or attempted theft.

This excess is reduced to Nil when an AXA Approved Repairer is used.

3. Voluntary Excess
„„Only available when cover is Comprehensive
„„A voluntary excess ranging from £50 to £500 can be selected by you
„„The voluntary excess will not apply to fire, lightning, explosion, theft or attempted
theft claims.

25
SECTION 1 - CAR INSURANCE

General conditions
„„The total excess payable is a combination of Compulsory, Young Driver and
Voluntary Excess
„„We will not pay an excess even if you were not at fault
„„We will not seek on your behalf to recover an excess from another person
„„Please refer to your schedule to see what excess applies to your policy.

You are also not covered for the following under Section 1:
„„Loss of use or any other resulting loss
„„Reduction in your car’s value because it has been repaired
„„Wear and tear
„„Mechanical or electrical failure, breakdowns or breakages
„„The cost of hiring another car
„„The cost of any repair or replacement which improves your car beyond the
condition it was in before the loss or damage took place
„„Damage to tyres from braking, punctures, cuts or bursts unless these are caused
in an accident
„„Loss, destruction or damage caused directly by pressure waves from aircraft and
other flying objects travelling at or above the speed of sound
„„Loss or damage caused by theft or attempted theft if the car was taken by a
member of your family or household or taken by an employee or ex-employee
of the owner of the car unless you can provide us with written confirmation
of notifying the Police of the theft and assist the Police in the investigation of
the theft
„„Loss or damage to your car’s navigation system or other computer or electronically
controlled equipment caused by it failing to recognise any date as the true
calendar date
„„Loss or damage caused by theft or attempted theft if the keys (or keyless entry
system) are left unsecured or left in or on an unattended car
„„Loss or damage from using your car in a rally, competition, trial or on any race
track, circuit or other prepared course
„„Loss or damage as a result of incorrectly fueling your car or from the use of
substandard fuel, lubricant or parts
„„The cost of importing parts or accessories for your car from outside the European
Union
„„The extra cost of parts or accessories above the price of similar parts and
accessories received from the manufacturer’s European representatives

26
 CAR INSURANCE - SECTION 1

„„Parts or accessories more than 5% or £650 of the value of your car (whichever
is the lesser) unless the equipment was fitted by the Manufacturer or Authorised
Dealer as original equipment in accordance with their standard specification for
the vehicle. This includes radios, car phones, audio or similar equipment
„„Loss or damage to your car when it is being driven by a driver for whom you have
chosen to limit cover to ‘liability to others’ only
„„The VAT (value added tax) in connection with the vehicle on any repair or
replacement if you are registered for VAT
„„Loss or damage to your car, if car is being driven by a person who holds a
provisional licence, and does not meet the requirements of that licence
„„Loss where property is obtained or attempted to be obtained by any person using
any form of payment which proves to be counterfeit, false, fraudulent, invalid,
uncollectable, irrecoverable or irredeemable for any reason
„„No cover if the Drivesave unit has been tampered with in any way (applies to
Drivesave policies only).

27
SECTION 2 - CAR INSURANCE

Section 2
Broken glass

Please check your schedule as you may not have this cover

This cover is included as standard for Comprehensive cover, as shown in your schedule,
and available at an additional cost for Third Party, Fire & Theft cover.

Your schedule will show if you have this cover. A claim under this section will not affect
your no claims discount.

We will cover the cost of replacing or repairing broken or damaged windscreens, windows
or glass in the sunroof of your car, and scratches to the bodywork caused by the glass
breaking.

We may use glass that has not been made by the car’s manufacturer, but will be of similar
standard.

Limit of cover
(please refer to your schedule to see what level of excess applies to your policy) If you use
an AXA Approved Windscreen Supplier, cover will be unlimited.

If you use your own repairer, cover will be limited to £150.

In addition, an excess of £75 will apply where glass is replaced. No excess applies if glass
is repaired.

We will only pay you the market value of the car or the value of the broken glass -
whichever is lesser.

28
 CAR INSURANCE - SECTION 2

What is not covered under this section of the policy

„„The cost of any repair or replacement which improves your car beyond the
condition it was in before the loss or damage took place
„„Loss, destruction or damage caused directly by pressure waves from aircraft and
other flying objects travelling at or above the speed of sound
„„The extra cost of replacing non-standard glass
„„Loss or damage from using your car in a rally, competition or trial
„„The cost of importing parts or accessories for your car from outside the
European Union
„„The extra cost of parts or accessories above the price of similar parts and
accessories received from the manufacturer’s European representatives
„„Any more than 2 claims under this section during the period of insurance
„„The cost of any repair or replacement to vehicles temporarily covered under
the policy.

29
SECTION 3 & 4 - CAR INSURANCE

Section 3
Medical expenses and emergency treatment
We will pay:
(a) If you, your driver or a passenger in your car suffers accidental bodily injury while
travelling in your car up to £200 to each person for medical expenses
(b) The cost of emergency treatment up to £200 for each person for injuries caused
by or arising out of any car covered under this policy as required by the Road
Traffic Acts.

Such payments will not affect your no claims discount.

Section 4
Towing
This policy applies when your car is towing a caravan, trailer or a broken-down vehicle if
this is allowed by law.

We will not pay claims:

„„if you are being paid to tow the caravan or vehicle, or
„„for loss of or damage to the towed vehicle or to property being carried in the
towed vehicle, or for injury to any person being carried in the towed vehicle.

30
 CAR INSURANCE - SECTION 5

Section 5
Liability to others
This section of the policy applies to damage or injury happening in Europe unless
otherwise stated.

1a Cover for you

We will pay all amounts you legally have to pay as a result of negligently using your car
and any trailer or caravan being towed by it, if you cause the accidental death of, or bodily
injury to, any person.

We will also pay up to £20 million if you legally have to pay damages, costs and expenses
as a result of negligently using your car and any trailer or caravan being towed by it if you
cause accidental damage to property belonging to other people.

1b Driving other cars

This cover will also apply if you are driving any other car which your certificate of
insurance covers you to drive. If you are covered to drive other cars, it will be shown in
section 5(b) of your certificate of insurance.

This cover only applies if:

„„you do not own the car or you have not hired the car under a hire-purchase agreement
„„it is shown that this cover applies under section 5(b) of your certificate of insurance
„„you have the owner’s permission to drive the car and
„„the vehicle is being used within the ‘limits for use’ shown in your current certificate
of motor insurance.

This cover applies to damage or injury happening in the UK and Ireland only.

This extension applies only to private passenger vehicles. It does not include:
„„Vans
„„Car-vans
„„Jeep-type vehicles with no seats in the back, or
„„Vans adapted to carry passengers.

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SECTION 5 - CAR INSURANCE

2a Cover provided for other people

If you ask us to, we will give the following people the same ‘liability to others’ cover under
this section we give you under 1a:
„„Anyone you allow to drive your car who is covered to drive it under the certificate of
insurance
„„Any person using (but not driving) your car with your permission for social, domestic
and pleasure purposes
„„Any person travelling in or getting into or out of your car
„„Your employer or business partner, as long as your car is not owned by or hired to
either your employer or business partner and your car is being used for a purpose
that is allowed under your certificate of insurance and your employer is not covered
under another policy.

2b Your legally-appointed representatives

After the death of anyone insured under this policy, we will protect that person’s estate
against any loss they would have had if we insured that liability under this policy.

3 Legal fees and expenses

If we give you our written permission, we will pay for solicitor’s fees to represent anyone
insured under this policy at any coroner’s inquest, fatal inquiry or to defend anyone
insured under this policy in a district court for any accident which might give rise to a
claim under this section of this policy.

Proceedings for manslaughter or causing death by reckless driving

We will pay fees for legal services to defend anyone insured under this policy
if legal proceedings are taken against that person for manslaughter or causing death by
reckless driving. The following conditions will apply to this cover:
„„You must ask us to provide the cover
„„The death or deaths giving rise to the proceedings must have been caused by an
accident covered by this policy
„„The accident which caused the death or deaths must have happened in Ireland or
the UK
„„The most we will pay is £1,000.

32
 CAR INSURANCE - SECTION 5

It’s important that you and anyone insured to drive your car reads this.

What is not covered under this section of the policy.

„„Anyone driving your car who is disqualified from driving or has never held a
driving licence, or is prevented by law from holding a licence
„„Anyone who is insured under another policy
„„Liability for loss of or damage to property which belongs to, or is with, any person
who is insured under this policy and who is driving your car
„„Damage to any vehicle being driven or used by a person claiming cover under
this part of the policy
„„Anyone insured by this policy who does not keep to its conditions
„„Anyone employed in the motor trade driving your car because it is being
overhauled, repaired or serviced
„„Death or bodily injury to anyone driving or in charge of your car
„„Anyone driving, or in charge of your car, who holds a provisional licence and does
not meet the requirements of that licence.

33
SECTION 6 & 7 - CAR INSURANCE

Section 6
Foreign use

Going to Europe?

Full cover will apply for you to travel to Europe for up to 90 days during the period
of insurance.

What is not covered under this section

„„You are not covered for any legal action taken against you outside European
Economic Area, unless it is a result of using your car in a country for which we
have agreed to extend this insurance cover.

If you are unfortunate to have an accident, please contact us at 0345 828 2823.

Section 7
Our right of recovery
If by law we have to make a payment that would not be covered under this policy, you will
have to refund the amount to us.

34
 CAR INSURANCE - SECTION 8

Section 8
No claims discount

If you need to make a claim, you could lose some or all of your no claims
discount.

If you do not claim during the current period of insurance, we will include a discount in
your renewal premium.

The discount amount will be in accordance with the no claims discount scale applicable
at the time of renewal.

If a claim has been made or has arisen, your no claims discount may be reduced at the
next renewal in accordance with the step-back scale applicable at the time of renewal.

NCD years at start of current NCD years at next renewal date

period of insurance 1 claim 2 claims 3 + claims
0 years 0 years 0 years 0 years
1 years 0 years 0 years 0 years
2 years 0 years 0 years 0 years
3 years 1 years 0 years 0 years
4 years 2 years 0 years 0 years
5+ years 4 years 2 years 0 years

Premiums for fire, theft or optional extra cover will not be the subject of a no claims
discount.

If we make payments that we have not claimed back from another person, the claim will
count against your no claims discount even if you were not at fault. We may decide not to
claim back from another person, or may claim without success.

For no claims discount purposes a period of insurance is one year between the beginning
of the policy and the date you renew it, or between renewal dates. You cannot transfer
your no claims discount to anyone else.

35
SECTION 8 - CAR INSURANCE

Your no claims discount will not be affected by:

„„payments under section 1 for fire and theft claims
„„payments made under section 2 glass breakage
„„payments for emergency treatment the law says we must pay
„„payments (together with associated costs and expenses) which we later get back in
full and
„„payments for personal belongings and replacement locks.

We will ask you to renew this policy before the renewal date.

If you make a claim just before you next renew your policy, this may not be reflected in
our offer for you to renew cover. If this happens, you can ask us to change our offer of
renewal, or wait until the following renewal date for that claim to be taken into account.

36
 CAR INSURANCE - SECTION 9

Section 9
Protected no claims discount

This is an optional extra. If you have bought it, your no claims discount is
safe if you make up to two claims in a three-year period.

No claims discount protection is only available if you have 5 or more years no claims
discount.

Your schedule will show if you have this cover which is available for an additional
premium.

No claims discount (NCD) protection does not protect the overall price of your insurance
policy. The price of your insurance policy may increase following an accident even if you
were not at fault.

No claims discount protection allows you to make one or more claims before your number
of no claims discount years falls. Please see the step-back procedures for details.

You can pay an extra premium to protect your no claims discount. This allows you to make
up to two claims in a three year period without reducing your no claims discount.

We will treat a third claim as one claim and we will reduce your no claims discount in line
with the step-back scale applicable at the time of renewal. Once you make a third claim,
we will remove the protection for later claims and you will not qualify for protection for at
least three years.

Although you can protect your no claims discount, your premium may increase if:
■ you make unreasonably large or excessive claims
■ you receive motoring convictions, or
■ we decide it is necessary for any other reason.

37
SECTION 9 - CAR INSURANCE

The tables below show: (i) the average NCD awarded to AXA motor insurance policyholders
last year according to their number of NCD years; and

NCD Years 0 1 2 3 4 5 or more

NCD % 15% 45% 55% 63% 70% 75%

(ii) what would happen to your NCD years if you were to make one or more claims in the
next 12 months with and without this protection.

No claims discount at next renewal date without NCD protection

Number of years no claims discount for this period of insurance - 5

Number of claims in Your number of years

the next 12 months no claims discount will move to
1 4
2 2
3 0
4 0

No claims discount at next renewal date with NCD protection

Number of claims in Your number of years

a three year period no claims discount will move to
1 5
2 5
3 3
4 1

38
 CAR INSURANCE - SECTION 10

Section 10
Replacement car plus

Claims under this section will not affect your no claims discount.

Your schedule will show if you have this cover.

A claim under this section will not affect your no claims discount.

If your car is damaged as a result of an accident, fire or theft, or if it is stolen and not
recovered, we will provide you a replacement car provided we are dealing with a claim
under Section 1 - loss or damage to your car or Section 5 - liability to others.

„„We hope to provide you with a replacement car that is a similar physical size to your
car up to 2 litres, although we do not guarantee that this will occur (Your replacement
car may not be the same as your own vehicle in terms of size, type, value or status) or
„„Pay towards you hiring a car up to £25 (including VAT) a day.

Cover will be for up to 14 days in a row for any one incident as determined by the AXA
Claims Department.

This cover is available at an additional premium.

What is not covered under this section

We will not pay this benefit if:
„„you are only claiming windscreen or glass damage
„„the loss takes place outside Northern Ireland or the Republic of Ireland
„„repairs to your car are delayed while a part is being imported from outside the
European Union.

39
SECTION 11 - CAR INSURANCE

Section 11
Legal expenses cover
Your schedule will show if you have this cover.

A claim under this section will not affect your no claims discount.

This insurance is underwritten by Inter Partner Assistance SA and administered on their

behalf by Arc Legal Assistance Limited.

Only Advisers’ costs incurred on the Insured’s behalf by Arc’s panel of solicitors or their
agents are covered under this insurance until Court Proceedings are issued or a conflict
of interest arises. Where, following the issue of Court Proceedings or a conflict of interest
arising, the Insured has elected to use an adviser of their own choice, the Insured will be
responsible for any Advisers’ Costs in excess of Arc’s Standard Advisers’ Costs.

The Underwriter agrees to indemnify the Insured in consideration of the Premium paid or
to be paid subject to the following terms, conditions and exclusions of this policy.

This insurance covers

Advisers’ costs incurred in an Action up to the Indemnity limit where:
a) The Insured incident takes place in the Insured period within the Territorial limits, and
b) The Action takes place within the Territorial limits.

Cover
The Insured is covered for Advisers’ costs to pursue damages claims arising from a road
traffic accident whilst he is in the vehicle against those whose negligence has caused
his injury or death or caused him to suffer loss of his insurance policy excess or other
out-of-pocket expenses.

Definitions
Insured
The person responsible for insuring the vehicle declared to Arc and the authorised driver
and passengers.

Insured period
The period of insurance declared to Arc.

40
 CAR INSURANCE - SECTION 11

Premium
The Premium paid by the Insured for this policy.

Territorial limits
The European Union.

Advisers’ costs
Reasonable legal fees and disbursements incurred by the Adviser with Arc’s prior written
authority. Legal costs shall be assessed on the standard basis and third party’s costs
shall be covered if awarded against the Insured and paid on the standard basis of
assessment.

Standard Advisers’ Costs

The level of Advisers’ Costs that would normally be incurred by Underwriters in using a
nominated Adviser of Arc’s choice.

Action
The pursuit of civil proceedings and appeals against judgement following a road traffic
accident involving the Vehicle.

Court Proceedings
The Service of Court Proceedings.

Indemnity limit
The sum of £100,000, which is the maximum payable in respect of an Insured incident.

Insured incident
The incident or the first of a series of incidents which may lead to a claim under this
insurance. Only one Insured incident shall be deemed to have arisen from all causes of
action, incidents or events that are related by cause or by time.

Vehicle
The vehicle declared to Arc including a caravan or trailer whilst attached.

Arc
Arc Legal Assistance Ltd who administer this insurance on behalf of the Underwriters.

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SECTION 11 - CAR INSURANCE

Adviser
Arc’s panel of solicitor or their agents appointed by Arc to act for the Insured, or, and
subject to Arc’s agreement, where Court Proceedings have been issued or a conflict of
interest arises, another legal adviser nominated by the Insured.

Underwriters
Inter Partner Assistance SA who are a wholly-owned subsidiary of AXA Assistance SA and
part of the worldwide AXA Group.

Exclusions
1 There is no cover where:
a) The Insured incident began to occur or had occurred before the Insured purchased
this insurance.
b) The Insured fails to give proper instructions to Arc or the Adviser or respond to
a request for information or attendance by the Adviser within a reasonable period
of time.
c) A reasonable estimate of the Advisers’ costs is greater than the amount in dispute.
d) The Insured’s act or omission prejudices his or the Underwriter’s position in
connection with the Action.
e) Advisers’ costs have not been agreed in advance or exceed those for which Arc has
given its prior written approval.

2 There is no cover: -
a) For Advisers’ costs incurred in avoidable correspondence or which are recoverable
from a court, tribunal or other party.
b) For the amount of Advisers’ costs in excess of Arc’s Standard Advisers’ Costs where
the Insured has elected to use an Adviser of his own choice.
c) For damages, interest fines or costs awarded in criminal courts.
d) Where the Insured has alternative legal expenses cover.
e) For claims made by or against the Underwriters, Arc or the Adviser.
f) For any claim where at the time of the Insured incident, the Insured was disqualified
from driving, did not hold a licence to drive or the vehicle did not have a valid MOT
certificate or Road Fund Licence or comply with any laws relating to its ownership
or use.
g) For a claim arising from an allegation of a deliberate criminal act or omission by the
Insured.
h) For a claim where the Insured is alleged or convicted of being in control of the vehicle
whilst under the influence of alcohol or drugs (whether prescribed or otherwise) at
the time of the Insured incident.

42
 CAR INSURANCE - SECTION 11

i) Where the Insured’s motor insurers repudiate the motor insurance policy or refuse
indemnity.
j) For any claim arising from racing, rallies, competitions or trials.
k) For a claim for breach of contract.
l) For Advisers’ costs beyond those for which Arc has given its prior written approval.
m) For an application for Judicial Review.
n) For appeals without the prior written consent of Arc.
o) Prior to the issue of Court Proceedings, for the costs of any legal representative other
than those of the Adviser unless a conflict of interest arises.
p) For Advisers’ costs where the amount in dispute relates to credit hire charges or
credit repair costs.
q) For Advisers’ costs incurred in claims relating to the amount of Advisers’ costs.
r) For any Action that Arc reasonably believes to be false, fraudulent, exaggerated or
where the Insured has made misrepresentations to the Adviser.
s) Applications for payment to the Motor Insurers’ Bureau under the Untraced Driver’s
Agreement, or Uninsured Driver’s Agreement or any future agreements funded by the
Motor Insurers’ Bureau.
t) For any claim directly or indirectly arising from stress, psychological or emotional
injury.

3 Contracts (Rights of Third Parties) Act 1999

A person who is not a party to this contact has no right under the Contracts (Rights of
Third Parties) Act 1999 to enforce any term of this contract but this does not affect any
right or remedy of a third party which exists or is available other than by virtue of this Act.

Conditions
1 Claims
a) The Insured must notify claims as soon as reasonably possible within 90 days of the
Insured incident.
b) Arc shall appoint the Adviser to act on the Insured’s behalf.
c) Arc may investigate the claim and take over and conduct the Action in the Insured’s
name. Subject to the Insured’s consent, which shall not be unreasonably withheld,
Arc may reach a settlement of the Action.
d) The Insured must supply at his own expense all of the information which Arc
reasonably requires to decide whether a claim may be accepted. If court proceedings
are required or a conflict of interest arises, and the Insured wishes to nominate an
Adviser to act for him, he may do so. Where the Insured has elected to use an Adviser
of his own choice, the Insured will be responsible for any Advisers’ costs in excess of
Arc’s Standard Advisers’ Costs. The Adviser must:

43
SECTION 11 - CAR INSURANCE

i. Confirm in writing that he will enable the Insured to comply with his obligations under
this insurance.
ii. Agree with Arc the rate at which his costs will be calculated. If no agreement is
reached, the Law Society will be asked to nominate an alternative Adviser and this
nomination shall be binding.
e) The Adviser will:
i. Provide a detailed assessment of the Insured’s prospects of success including the
prospects of enforcing any judgement obtained without charge.
ii. Keep Arc fully advised of all developments and provide such information as Arc may
require.
iii. Keep Arc regularly advised of Adviser’s costs incurred.
iv. Advise Arc of any offers to settle and payments into court. If contrary to Arc’s advice
such offers or payments are not accepted, there shall be no further cover for legal
costs unless Arc agrees in its absolute discretion to allow the case to proceed.
v. Submit bills for assessment or certification by the appropriate body, if requested
by Arc.
vi. Attempt recovery of costs from any third parties.
vii. Agree with Arc not to submit a bill for Adviser’s costs to Underwriters until conclusion
of the Action.
f) In the event of a dispute arising as to costs, Arc may require the Insured to change
Adviser.
g) Underwriters shall only be liable for costs for work expressly authorised by Arc in
writing and undertaken while there are reasonable prospects of success.
h) The Insured shall supply all information requested by the Adviser and Arc.
i) The Insured is liable for any Advisers’ costs if he withdraws from the Action without
Arc’s prior consent. Any costs already paid by Arc will be reimbursed by the Insured.

2 Disputes
Any disputes between the Insured and Arc in relation to Arc’s assessment of the Insured’s
prospects of success in the case or in the nomination of a solicitor shall be referred to an
arbitrator who shall be either a solicitor or a barrister. If the parties cannot agree on their
choice of arbitrator, the Law Society may be asked to make a nomination. The arbitration
shall be binding and carried out in accordance with the Arbitration Act. The costs of the
arbitration shall be at the discretion of the arbitrator.

44
 CAR INSURANCE - SECTION 11

3 Reasonable Prospects
At any time, Arc on behalf of the Underwriters, may form the view that the Insured does
not have a reasonable prospect of success in the action he is proposing to take or is
taking. If so, Arc may decline support or any further support. In forming this view, Arc
may take into account:
a) Whether Advisers’ costs are disproportionate to the value of the damages being
claimed in the Action.
b) The fact that a reasonable person without legal expenses insurance would not wish
to pursue the matter.
c) The prospect of being able to enforce a judgement.
d) The fact that the Insured’s interests could be better achieved in another way.
e) Whether the Insured has a reasonable prospect of succeeding in the Action.

4 English Law
This contract is governed by English Law or the jurisdiction in which the policyholder
resides unless otherwise agreed.

5 Language
The language for contractual terms and communication will be English.

6 Cancellation
The Insured may cancel this insurance at any time by writing to and providing fourteen
day’s written notice to the Insured’s insurance adviser.

The Insured’s insurance adviser or Arc may cancel the insurance by giving fourteen days’
notice in writing to the Insured at the address shown on the schedule, unless otherwise
a change of address has been notified to the Insured’s insurance advisor. No refund of
premium shall be made.

To Make a Claim
The Insured should call 0345 828 28 23 and quote “AXA Direct Motor Legal Protection”
to enable them to deal with the claim.

Unless a conflict of interest arises, the Insured is not covered for legal fees incurred
before court proceedings are issued unless he uses Arc’s panel solicitor or its agents
which Arc will appoint to act for him.

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SECTION 11 - CAR INSURANCE

Data Protection Act

The details of the Insured, the Insured’s insurance cover and claims will be held by
Arc and or the Underwriters for underwriting, processing, claims handling and fraud
prevention, subject to the provisions of the Data Protection Act 1998.

Customer Service
Arc’s aim is to get it right, first time, every time. If Arc makes a mistake, it will try to put
it right promptly.

If the Insured is unhappy with the service that has been provided, he should contact Arc
at the address below. Arc will always confirm to the Insured, within five working days,
that it has received the Insured’s complaint. Within four weeks, the Insured will receive
either a final response or an explanation of why the complaint is not yet resolved plus an
indication of when a final response will be provided. Within eight weeks, the Insured will
receive a final response or, if this is not possible, a reason for the delay plus an indication
of when a final response will be provided. After eight weeks, if the Insured is not satisfied
with the delay, he may refer the matter to the Financial Ombudsman Service.

The Insured can also refer to the Financial Ombudsman Service if he cannot settle his
complaint with Arc.

Arc’s contact details are:

Arc Legal Assistance Ltd
P O Box 8921
Colchester
CO4 5YD
Tel 0344 350 4400
Email: [email protected]

Financial Ombudsman Service contact details are:

Financial Ombudsman Service,
Exchange Tower,
London
E14 9SR
Tel 0300 123 9 123
Email: [email protected]

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 CAR INSURANCE - SECTION 11

Compensation
Arc and Inter Partner Assistance are covered by the Financial Services Compensation
Scheme. The Insured may be entitled to compensation from the scheme if Arc or Inter
Partner Assistance are unable to meet their obligations. The Insured’s entitlement
to compensation will depend on the circumstances of the claim. Further information
about compensation scheme arrangements is available at http://www.fscs.org.uk/ or by
telephoning 020 7892 7300.

Authorisation
Arc Legal Assistance Ltd is authorised and regulated by the Financial Conduct Authority.
It’s FCA Register number is 305958. Its permitted business is arranging with a view
to transactions in non-investment insurance contracts, arranging (bringing about) non-
investment insurance contracts, advising on non-investment insurance contracts, dealing
as an agent in non-investment insurance contracts and assisting in the administration
and performance of non-investment insurance contracts. The Insured can check this on
the FCA’s register by visiting the website www.fca.gov.uk/register or by contacting the FCA
on 0800 111 6768 (freephone) or 0300 500 8082 from the UK, or +44 207 066 1000
from abroad. Open Monday to Friday, 8am-6pm, and Saturday 9am-1pm.

Inter Partner Assistance (IPA) is a branch of Inter Partner Assistance SA (IPA SA) based in
Belgium. IPA SA is authorised by the Commission Bancaire, Financere et des Assurance
(CBFA) in Belgium (its regulatory arm) and regulated by the Financial Conduct Authority
in the UK. It’s FCA Register number is 202664. Its regulative activities are Miscellaneous
Financial Loss, Legal Expenses and Assistance. IPA is a member of the Association of
British Insurers.

IPA address details are:

Inter Partner Assistance
The Quadrangle
106-118 Station Road
Redhill
Surrey RH1 1PR

Registered No: FC008998

47
SECTION 12 - CAR INSURANCE

Section 12
Car and Key Rescue

If you have bought Car Rescue you must use the number 03458 282823
(00353 1 8583200 from ROI outside the UK). We suggest you put these
numbers in your mobile phone immediately. We will not pay any expenses
you may have to pay if you have not called the emergency number first.

Section A - 24 Hour Car Breakdown Assistance (UK/Ireland)

Your schedule will show if you have this cover and a claim under this section will not affect
your no claims discount.

The cover will only apply to the vehicle as shown on the current certificate of insurance.

For this section ‘you’ will mean any driver who is driving your car who is covered under
this policy of insurance. Car rescue cover only applies within Ireland , the UK, the Channel
Islands and the Isle of Man (excluding islands off the coast).

What is covered
We will arrange and pay the benefits set out below if your car cannot be driven as a result
of the following:
„„electrical or mechanical breakdown
„„the car does not start
„„accident or fire
„„theft, attempted theft or malicious damage
„„punctures where you need help to replace or repair a wheel
„„loss or theft of keys
„„breakage of keys in the lock, or keys locked into the car or
„„loss of, or running out, of fuel.

Car Rescue was previously known as Motor Rescue.

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 CAR INSURANCE - SECTION 12

Benefits
1 Roadside and Driveway assistance – We will send a trained recovery technician to
help you. If repairs are possible, we will provide up to one hour’s labour to repair your
car, as long as the repair is carried out at the scene.
2 Towing – We will cover the cost of towing your car to the nearest repairer, to your
home or, if you choose, to your intended destination as long as the tow starts and
ends on the island of Ireland (excluding any islands off the coast). If you choose to
have our car brought to a repairer and your car will arrive at the repairers outside
normal opening hours, we will cover of towing it to a secure place and then on to the
repairers when they open.
3 Passing on a message – We will pass on any relevant messages for you.
4 Completing the journey – If repairs to your car cannot be completed on the same
day, we can arrange to have you and your passengers (but not hitchhikers) taken
home or to your original intended destination within Ireland or the UK. We will
arrange and pay for one of the following options, which we will decide.
a) To transport you and your passengers to the intended destination, and take
your car to the nearest repairer, or nearest repairer to your home or chosen
destination if this is closer.
b) Accommodation expenses for one night, limited to bed and breakfast while you
and your passengers are waiting for repairs to your car to be completed. The most
we will pay is £25 for each person and £100 in total.
c) Hiring a suitable vehicle for up to 48 hours as long as this is not more than
the benefit we would have paid under option a above. We may provide public
transport for you to return to the repairer to reclaim your car after it is repaired.
d) Any other solution which, we believe, is the most suitable to help you and arrange
for your car to be repaired and transported.
5 If your car is stolen – If you are away from home and your car is stolen, we will
arrange one of the benefits listed above to get you to your home or your intended
destination.

We will only pay if:

„„you have contacted us using the emergency number 03458 282823
(00353 1 8583200 outside the UK)
„„for attempted theft of your car, you have reported the theft to the police
„„and you replace any faulty parts, including the battery, as soon as possible after
discovering the fault.

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SECTION 12 - CAR INSURANCE

What is not covered

„„Any liability or resulting loss arising from anything performed or not performed as
part of the services under this section
„„Any expenses which you can get back from any other source
„„Any claim where the car is carrying more passengers or towing a greater weight
than that for which it was designed (as shown in the manufacturer’s specification)
„„Any claim arising out of driving your car on unsuitable ground
„„Any accident or breakdown brought about by deliberate act by you or another
driver covered under this policy that could have been avoided
„„The cost of repairing the vehicle (except as outlined in the roadside and driveway
assistance benefit)
„„The cost of any parts, keys, lubricants, fluids or fuel
„„Any claim caused by fuels, mineral essences (such as oils or lubricants) or other
materials that catch fire easily, explosives or poisons carried in the car
„„If we fail to perform any obligation for reasons beyond our reasonable control
„„Any claim where the vehicle is not the car covered under this policy
„„Any request for help if the person providing the service thinks you are under the
influence of drink or drugs such that you would not be capable of legally driving
a car.

Section B - Lost Key Insurance /Rescue Plus

Your schedule will show if you have this cover and a claim under this section will not
affect your no claims discount

The cover will only apply to the vehicle or as shown on the current certificate of insurance.

Key Rescue - Key Protection

Subject to meeting all terms and conditions detailed in the policy wording AXA Assistance
Ireland will provide you with assistance by arranging vehicle key or lock, repair or
replacement, or onward transportation as appropriate
„„Key Protection provides up to £1,500.00 (Inc VAT) towards lock and key replacement
(including reprogramming of alarms and immobilisers) and onwards transportation
in the event of lost, damaged, stolen keys or fobs or keys broken in any lock of your
vehicle that are no longer functional
„„24 hour, 365 days a year assistance.

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 CAR INSURANCE - SECTION 12

The following additional benefits apply up to the policy limit of £1,500.00 (Inc VAT):
„„Up to £40.00 (inc VAT) per day for up to 3 days for car hire if you are stranded more
than 20 miles away from home due to theft, lost, damaged or stolen keys or fobs or
keys broken in any lock of your vehicle or alternatively reasonable public transport or
taxi fares for you and up to 4 passengers
„„No excess is payable in the event of a claim
„„Any claims on this policy do not affect your ‘No claim discount’ on other insurance
policies.

How do I make a claim?

If you need to make a claim please telephone the claims helpline on 03458282823
within 48 hours of becoming aware of the incident, quoting your Policy or Unique Key Fob
number which has been provided to you by AXA Insurance and assistance will be arranged
for you. Lines are open 24 hours 365 days of the year.

Please note that you will be responsible for all key replacement costs and onward
transportation in the first instant and AXA Assistance will reimburse these costs once
your claim has been validated.
„„Providing assistance is a service only and does not pre-qualify your claim for
reimbursement of incidental costs you incur as a result of your need for assistance
„„We will validate your claim and reimburse you for costs you have met following any of
the Insured incidents detailed below
„„Reimbursement is subject to you providing the original invoice(s), receipt(s), any
relevant crime reference or lost property number and complying with all other terms
and conditions of this insurance
„„All costs outside of the terms of this policy must be met and paid for by you.

Insured Incidents
1. Theft or loss of your vehicle keys: If your keys are stolen or lost anywhere in Northern
Ireland, ROI or Great Britain, you must report this to the police, obtaining a crime
reference or lost property number and AXA Assistance who will arrange & pay for a
suitable contractor to attend the scene and recover your vehicle.
2. If your keys are broken or damaged in any lock of your vehicle denying you access
or use, you must report this event to AXA Assistance who will arrange and pay for a
suitable contractor to attend the scene of the incident & recover your vehicle.
3. You will be responsible for all key replacement costs in the first instant and upon
validation of your claim we will reimburse you for the cost of your key or lock
replacement as per the Terms & Conditions of your policy.

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SECTION 12 - CAR INSURANCE

4. If you are stranded more than 20 miles from home due to theft, lost, damaged or
stolen keys or fobs or keys broken in any lock of your vehicle and have no access to
your vehicle we will pay £40 per day including VAT for vehicle hire, for up to 3 days
if no spare set is available. Please note that hire cars are provided for social and
domestic use only.
5. AXA Assistance Ireland must be notified of the circumstances and car hire arranged
through them.

Exclusions
1. All costs incurred where you have not notified AXA Assistance Ireland within 48 hours
of you becoming aware of the incident.
2. Any claim for theft or loss of your vehicle keys which is not reported to the police
within 48 hours of becoming aware of the incident and a crime reference or lost
property number obtained.
3. Any claims for public transport or taxi fares with no valid receipts or tickets.
4. Any car hire not arranged via AXA Assistance Ireland.
5. Any claim for replacing locks when only parts need changing.
6. Any claim for damage to locks by wear and tear, mechanical or electrical breakdown,
cleaning, repairing, restoring or anything which happens gradually.
7. Any claim for damage to locks by attempted theft or malicious damage.
8. Any claim for loss or damage caused by any act of war, invasion or revolution.
9. You must take reasonable care to avoid anything, which may result in a claim under
this policy.

Policy limit
The total amount payable in any one period of insurance is £1,500 including VAT.

Claims conditions
All costs for any services rendered must be met by you and you must forward the original
detailed invoice(s), receipt(s) and crime reference or lost property number to us within
21 days of notifying AXA Assistance Ireland Limited. Providing your claim is within the
terms of this policy AXA Assistance will validate your claim and reimburse your cost up to
the policy limits.

Claims for reimbursement of public transport or taxi fares will be assessed individually.
All receipts and tickets must be retained.

We cannot guarantee that hire cars will always be available and we are not responsible
if they are not available. Hire cars are provided for social and domestic use only.
You must meet the conditions of a hire-car company to hire a vehicle.

52
 CAR INSURANCE - SECTION 12

Rescue Plus
Cover under section 12A Car Breakdown Assistance
Your schedule will show if you have this cover under Section 12A and a claim under this
section will not affect your no claims discount.

This cover will only apply if you are driving any other car your certificate of insurance
covers you to drive as shown in section 5(b) of your certificate of insurance. Section 5
1(b) of your policy document outlines full details of the driving of other cars extension
of cover under Liability to others. Your schedule will show if you have this cover under
Section 5.

53
SECTION 13 - CAR INSURANCE

Section 13
Injury to driver
You can buy this optional cover for an extra charge. Your schedule will show if you have
chosen this cover.

What we will pay

1. Injury benefits for you
We will pay you or your legal representatives the compensation shown below if you are
killed or injured as a result of an accident while travelling in or getting into or out of:
„„any motor vehicle (but not motorcycles, tractors, combines and farm implements)
where you are a passenger or driver or
„„any boat or railway train where you are a fare-paying passenger, or the result of an
accident with a railway train or road vehicle if you are a pedestrian

Benefit

A Total and permanent loss of sight in one or both eyes or

loss of one or more limbs (or both) happening within one £10,000
year as a direct result of the accident.

B Hospital benefit, if you are in hospital for more than six £130 a week for
days as a result of a road-traffic accident. up to 26 weeks

C Death benefit where death is a direct result of the £30,000

accident.

„„We will only pay benefit under one of the benefits A or C

2. Injury benefits for named drivers

We will pay the legal representatives the benefits shown below if any named driver
covered under this policy is killed or injured:
„„driving your car or
„„when getting into or out of your car.

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 CAR INSURANCE - SECTION 13

We will pay their legal representatives the compensation shown below.

Benefit

A Total and permanent loss of sight in one or both eyes or

loss of one or more limbs (or both) happening within one year £10,000
as a direct result of the accident.

B Death benefit where death is a direct result of the accident £30,000

We will only pay benefit under one of the benefits A or B.

We will only pay under either injury benefits 1 or 2 if:

„„we are told about the claim within 28 days of the death or injury happening
„„the injured person immediately gets medical advice from a qualified medical expert
and begins treatment, and
„„our medical advisers are allowed to examine the injured driver as often as is thought
necessary.

What is not covered

„„Death that is not a direct result of the accident
„„Death or bodily injury resulting directly or indirectly from suicide or attempted
suicide or deliberate injury or you or the driver being seriously mentally ill
„„A criminal act
„„Where you, or the driver, is convicted or has a prosecution pending of an offence
involving alcohol or drugs
„„When driving while unfit to do so due to alcohol or drugs; or was driving after
drinking alcohol and, three hours after the accident, the amount of alcohol in the
breath, blood or urine is above the legal limit for driving
„„Taking part in racing or speed testing
„„Psychiatric Illness or mental disorders including stress or stress-related illness
„„This section will not apply and payments will stop if you go to live outside the UK
or Ireland

55
GENERAL EXCEPTIONS - CAR INSURANCE

56
 CAR INSURANCE - GENERAL EXCEPTIONS

General exceptions

If you do not understand something, please ask us.

1 This policy does not apply when your car:

––is being used for purposes that are not shown in your certificate of insurance
––is being driven by, or in the charge of any person who is not covered by your
certificate of insurance;-
––is being driven by you and you have not got a licence, or if you have had a licence,
are disqualified from driving or getting a licence;-
––is being driven with your permission by any person who you know does not
have a driving licence or who you know to be disqualified from driving or getting
a licence
––is towing a caravan, trailer, or other vehicle for a payment or
––is in or on any part of an aerodrome, airport or airfield provided for aircraft to
take off and land and for moving or parking aircraft on the ground, service roads,
ground equipment parking areas and those parts of passenger terminals coming
within the customs examination area.

2 If an accident happens and:

a) as a result you and any insured person is convicted or has a prosecution pending
of an offence involving alcohol or drugs;
b) you or any insured person is driving while unfit to do so due to alcohol or drugs;
or
c) you or any insured person is driving after drinking alcohol and, three hours after
the accident, the amount of alcohol in the breath, blood or urine is above the legal
limit for driving.
Then
i) the cover provided in section 1 of the policy for loss of or damage to the Insured
vehicle will not apply; and
ii) you or any person driving must repay all the amounts we have paid to cover any
claims arising from the accident; and
iii) we may cancel your policy.

We have the right under section 1, to recover all amounts we have paid to cover any
claims arising from the accident from you or any person driving.

57
CLAIMS AND UNDERWRITING EXCHANGE REGISTER - CAR INSURANCE

3 This policy does not cover anyone who does not meet the policy terms and conditions.

4 This policy does not cover any liability which you have as a result of an agreement or
contract, unless you would have had that liability anyway.

5 This policy does not provide cover for any loss of or damage to property, or any
consequential loss, or legal liability directly or indirectly caused by, contributed to,
by, or arising from:
––ionising radiation or contamination by radioactivity from irradiated nuclear fuel or
nuclear waste or from burning nuclear fuel; and
––the radioactive, toxic, explosive or other dangerous properties of any explosive
nuclear equipment or any part of it.

6 This policy does not cover liability, loss, damage, cost or expense directly or indirectly
caused by, resulting from or in connection with any of the following unless we have
to provide cover under road traffic law:
a) War, riot, revolution or any similar event
b) Any government, public or local authority legally taking or destroying your property
c) Any act of terrorism
We define an act of terrorism as an act which may include using or threatening
force or violence by any person or group, whether acting alone or in connection
with any organisation or government committed for political, religious, ideological
or other purposes. This includes the intention to influence any government or to
put the public or any section of the public in fear.

7 This policy does not provide cover for any accident, injury, loss or damage caused by
earthquake.

8 Any liability, loss, damage, cost or expense directly or indirectly caused by, resulting
from or in connection with losing, altering or damaging or reducing the availability of:
a computer system, hardware programme, software, data-information store,
microchip, integrated circuit or similar device in computer equipment or non-
computer equipment that results from deliberately or negligently transferring
(electronic or otherwise) a computer programme that contains any damaging code
including computer viruses, worms, logic bombs, or trojan horses.

9 This policy document replaces any previous policy documents issued by us.

58
 UK EU EXIT ARRANGEMENTS - CAR INSURANCE

UK EU Exit Arrangements
In order to protect our customers from uncertainty resulting from Brexit we are making
plans to leverage the wider capabilities of the global AXA group. We have therefore added
a new term to your policy to allow us to automatically transfer the underwriting of your
policy from AXA Insurance dac (an Irish insurer) to AXA Insurance UK Plc (another
insurer owned by the AXA Group and licensed to carry on insurance business in the
UK). This transfer would only operate should, following Brexit, it not be possible for us
as an Irish insurer to continue to cover or enter into insurance policies with residents or
companies based in the UK.

What does this mean to you?

This potential change will have no impact on either the service or benefits provided under
your policy, please continue to contact AXA Insurance dac. The same teams will continue
to look after any queries, amendments payments or claims that you may have.

Transfer of your policy when the UK leaves the EU

This will have no impact on either service of administration of your policy, please continue
to contact AXA Insurance dac.

Your policy is underwritten by AXA Insurance dac, an Irish based insurer. This means
that if your principal country of residence is within the UK it may not be possible for us
to continue legally to meet our obligations under your policy when the United Kingdom
leaves the EU without a provision in our agreement with you to allow us to automatically
transfer the underwriting to AXA Insurance UK Plc.

By entering into this policy you agree that, if we believe that it may not be possible for
AXA Insurance dac to legally meet its obligations under your policy, we may write to you
to let you know that we plan to transfer all of AXA Insurance dac’s rights and obligations
under this policy to AXA Insurance UK Plc. This transfer will take place at 10.59 p.m. on
28 March 2019 or an earlier date which we will specify (the transfer date).

If we write to you to give you reasonable notice of the transfer described above, we will:

„„explain the process and any changes to your policy

„„give you an option to cancel your policy instead, explaining the process for
cancellation (including what you need to do to choose to exercise the cancellation
option as well as the terms governing the amount that we will refund you).

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UK EU EXIT ARRANGEMENTS - CAR INSURANCE

If we use this transfer right (and you do not choose to cancel your policy instead), then,
on the transfer date, AXA Insurance dac will be replaced by AXA Insurance UK Plc as
the underwriter of this policy. From the transfer date:

„„AXA Insurance UK Plc will do everything that AXA Insurance dac has agreed to do
under this policy (except anything that AXA Insurance dac has already done by the
transfer date and except for any changes that may be required by law or regulation)
as if AXA Insurance UK Plc was named in this policy as the original underwriter
„„AXA Insurance UK Plc will have all the rights that AXA Insurance dac had under this
policy as if AXA Insurance UK Plc was named in this policy as the original underwriter,
including rights to receive payment of any outstanding or regular premiums due and/
or payment of “excess” amounts in relation to claims
„„AXA Insurance dac will have no further obligations toward you (including in relation to
things that AXA Insurance dac had agreed to do before the transfer date) and will not
have any rights at all against you or any other interest in this policy
„„all authorisations and instructions for the payment of premiums and/or excess to AXA
Insurance dac will take effect as providing for authorisation and instruction for the
payment of premiums and/or excess to AXA Insurance UK Plc
„„use of ‘we’, ‘us’ or ‘our’ in this policy will mean AXA Insurance UK Plc and when ‘AXA
Insurance dac’ is used this will mean AXA Insurance UK Plc
„„your policy renewal date will remain the same.

This section ‘Transfer of your policy when the United Kingdom leaves the European Union’
will take precedence over any other part of this policy that is inconsistent with it.

60
 we’re here to help
If you have questions please contact us on
www.axani.co.uk or ring us on
0345 828 2822
(From abroad 0044 345 828 2822).

For help with claims, ring us on

0345 828 2823

ADNI021 03/18 OMG002090

AXA Insurance dac, Wolfe Tone Street, Dublin 1. Registered in Ireland number
136155. We may record or monitor phone calls for training, prevention of
fraud, complaints and to improve customer service. AXA Insurance dac is
regulated by the Central Bank of Ireland. For business in Northern Ireland,
AXA Insurance dac is authorised by Central Bank of Ireland and authorised
and subject to limited regulation by the Financial Conduct Authority. Details
about the extent of our authorisation and regulation by the Financial Conduct
Authority are available from us on request.