«Car Insurance This booklet tells you what you’re covered for and how to make a claim Welcome to Nationwide Car Insurance Thank you for choosing ...»
Cancellation at renewal We’ll send you a renewal invitation 3 weeks before your renewal date. This will show your renewal premium and any changes to your insurance policy. If you haven’t chosen our continuous payment option, you must contact us before your renewal date to continue with your insurance policy. If you’ve chosen our continuous payment option, we’ll automatically renew your insurance policy before it expires. As part of our renewal process your debit or credit card provider will tell us your new card number if it has changed. If you don’t want to renew or your credit card provider has changed please contact us before your renewal date.
If you renew, whether or not under the continuous payment option, but then decide to cancel, provided you tell us before your renewal date, we’ll refund what you’ve paid in full. If you cancel after your renewal date has passed you will be charged in line with the cancellation rules explained on your schedule and policy summary.
If you are due a refund, we’ll send this to you within 30 days of you telling us that you’d like to cancel.
Renewal of your policy We reserve the right not to invite the renewal of your policy.
Insurance premiums All premiums include insurance premium tax where applicable. You may also have to pay other taxes or costs, for example if the premium is reimbursed by an employer it may be classed as a taxable benefit in kind. If so you’ll need to pay this tax or cost yourself.
10. Premium payment by instalments
• if you agree to pay your premium by monthly direct debit or a similar arrangement you must pay any deposit we ask for and make sure your instalment payments are kept up to date;
• if you make a claim, we may deduct any outstanding amounts due to us before paying the claim.
11. Administration charges We’ll apply a charge to cover our administration costs in certain circumstances. Please refer to your schedule for details of the charges.
This charge will be added to any premium due or deducted from any refund due in respect of the amendment to your insurance.
Document of Insurance Car Section 14 Legal expenses Your schedule tells you if this section of cover is included.
This section of your insurance is managed independently on our behalf by Arc Legal Assistance (Arc).
If you’re involved in a road traffic collision that is not your fault, our motor legal expenses insurance will provide cover for up to £100,000 of legal expenses in attempting to recover your uninsured losses.
Uninsured losses include the following:
compensation for injury or death;
compensation for damage to your clothes, luggage or personal belongings.
l How to claim Call our legal advice helpline on 0800 028 5877 before taking any action yourself, and please have your motor insurance policy number available when you call. The helpline is available 24 hours a day, 365 days a year.
Legal advice service Your motor legal expenses insurance also entitles you to use our free legal advice telephone helpline service. This service is available anytime of the day or night to give you free legal advice on any private legal matter, simply call 0800 028 5877. For TextDirect, first dial 18001. Calls may be recorded for training and monitoring purposes.
Definitions Wherever these definitions appear in this legal expenses section, they’ll have the following meaning and are in addition to the definitions appearing on pages 4 and 5.
What is covered Uninsured loss recovery and personal injury
a) We’ll pay for legal expenses to recover the insured person’s uninsured losses following a road traffic
collision involving your car which causes:
• damage to your car or to personal property in it; or
• death or injury to an insured person while travelling in or on your car.
Defence of prosecution
b) We’ll pay for legal expenses to defend a motoring prosecution arising from an incident while the insured person was using your car, and which is not covered under section 3 liability to other people.
c) We’ll pay for legal expenses to support a plea in mitigation if it’s likely to affect the outcome.
• the incident occurs within the period of cover;
• the incident occurs within the territorial limits and any legal proceedings will be carried out within the territorial limits by a court or other organisation which we agree to;
• in the case of uninsured loss recovery and personal injury, the insured person’s claim has and continues to have a reasonable chance of success;
• the cost of legal expenses to pursue the insured person’s claim is proportional to the expected benefit;
• anyone making a claim under this insurance has your agreement to claim;
• in the case of a defence of a prosecution the defence or plea in mitigation is likely to affect the outcome; and
• the insured person complies with the terms and conditions of this insurance.
We won’t pay any legal expenses if:
• Arc haven’t agreed, in advance, the purpose and amount of any legal expenses, or they relate to a period before Arc have accepted your claim;
• in the case of uninsured loss recovery and personal injury, your claim doesn’t have and continue to have a reasonable chance of success;
• the costs of legal expenses to pursue your claim are not proportional to the expected benefit;
• the incident happened before you bought this insurance;
• you claim more than 180 days after the date of the event, unless your delay in notifying your claim has not affected the likely costs or outcome;
• your claim is fraudulent, false or exaggerated or you do anything that harms either the chances of your or our success in proceedings for a civil claim or your defence of a prosecution;
• the other side is unlikely to be able to pay your claim;
• you act against Arc’s advice or the advice of your legal representative;
• the legal representative refuses to act for you;
• you unreasonably withdraw from legal proceedings despite your claim having a reasonable chance of success and where such a withdrawal is likely to affect the cost of your claim;
• your claim is settled or discontinued without Arc agreeing to this beforehand.
Also, certain types of claim are not covered under this insurance.
We won’t pay for:
• an application for a judge to review the legality of a decision made or action taken by a public body;
• more than our share of a civil claim or for defence of prosecution if there is any other insurance covering the same event, even if the other insurer refuses the claim;
• claims under this insurance directly or indirectly relating to your deliberate criminal act or omission or to prosecutions which allege dishonesty or intentional violence;
• claims arising from incidents which we refuse to cover under your car insurance or which result in the cancellation of your car insurance;
• claims arising from defective repairs, mechanical breakdown or general maintenance of your car; and
• fines, costs or expenses which a criminal court orders you to pay.
Document of Insurance Car General conditions (see also the General conditions, section 13, which apply to the whole policy) For the purpose of these conditions any reference to ‘you’ or ‘your’, shall be deemed to include any insured person.
You must do the following:
• provide at your own expense information relevant to your claim such as reports, photographs, plans
or other supporting documents to help Arc and/or your legal representative assess whether:
– your claim is covered;
– your claim has and continues to have a reasonable chance of success;
– the cost of legal expenses to pursue your claim is proportional and continue to be proportional to the expected outcome.
• contact our legal helpline before you take any action that may result in a claim and before you run up any legal expenses;
• take all reasonable steps to settle your claim by negotiation and work with Arc and your legal representative to achieve a satisfactory outcome to your claim;
• follow the advice that Arc and/or your legal representative give you;
• keep the cost of your claim as low as possible;
• keep Arc and your legal representative informed about the progress of your civil claim (including any offers to settle) or defence of prosecution;
• try to recover your legal expenses from the other side, including allowing Arc to bring proceedings in your name;
• allow Arc to obtain any information, document or file from your legal representative including an opinion on your chances of success and the proportionate benefit to you of making your civil claim or of acting in defence of your prosecution.
Appointing a legal representative We’ve chosen a panel of legal firms to provide legal services to our customers. There is nothing in our relationship with these firms which affects their ability to act in your best interests.
If Arc accepts your claim, they’ll appoint one of our panel of legal representatives on your behalf.
You have the right to choose your own legal representative to represent you if it’s necessary to take your claim to court or if a conflict of interest arises.
Where you choose to use your own legal representative:
a) You must not agree to any legal expenses without Arc’s prior written permission.
b) Your legal representative will be appointed to act for you in line with Arc’s standard terms of appointment (you can ask us for a copy).
c) We won’t pay for:
• legal expenses that are unreasonable;
• legal expenses incurred by your legal representative in avoidable correspondence or which are recoverable from a court, tribunal or other party;
• any shortfall in costs recovered from another party where the claim has been successful and costs have been recovered.
Document of Insurance Car 25
We can do the following:
• pay an amount to settle your claim or to pursue an action in the Small Claims Court;
• refuse to pay any further legal costs and expenses if you don’t accept any offer in a civil claim, which is reasonable. In assessing whether an offer is reasonable, the likelihood of achieving a higher award and whether the likely cost of continuing the claim is proportional will be considered;
• give your legal representative and/or Arc all information we have about you or your claim including any medical information;
• refuse to pay further legal expenses if your claim doesn’t continue to have a reasonable chance of success or the cost of legal expenses are no longer proportional to the expected benefit.
Personal injury claims As part of any claim for personal injury your legal representative may need to arrange for you to be medically examined by a doctor. They may appoint a medical agency to arrange this examination. The medical agency will consider whether rehabilitation would assist you in recovering from your injury. We do not restrict your legal representative in their choice of medical agency and rehabilitation provider.
Disputes How to complain
If you have a complaint please contact Arc quoting your claim number. You can write to:
The Managing Director Arc Legal Assistance PO Box 8921 Colchester CO4 5YD Email: firstname.lastname@example.org Under the Solicitor Client Confidentiality Rules, your legal representative is required to obtain your written consent in order to release any information relating to your case to us.
If Arc cannot resolve your complaint, you may refer your complaint to the Financial Ombudsman Service
within 6 months of receiving a final response letter from Arc. Their details are:
Financial Ombudsman Service Exchange Tower, Harbour Exchange Square, London E14 9SR Phone: 0800 023 4567 Email: email@example.com Making a complaint won’t affect your right to take legal action.
Document of Insurance Car Arbitration You also have the right to refer any dispute between you and us to an arbitrator who will make a decision to settle the dispute. The arbitrator will be either a solicitor or a barrister or other suitably qualified person that you and we agree on. If we cannot agree on the choice of arbitrator, we’ll ask the President of the Law Society or other governing body for solicitors (or other legal representatives appointed under this insurance) in the relevant jurisdiction to choose one which we both must accept. We and you must keep to the arbitrator’s decision. The arbitrator may require you or us to pay the cost of the arbitration.
Document of Insurance Car 27 How we use your personal information Data Protection Act 1998 and Insurance Administration This information explains how we may use your details and tells you about the systems we use that allow us to detect and prevent fraudulent applications and claims. The savings that we make help us to keep premiums down.
How we may use your personal data is controlled by the requirements of the Data Protection Act 1998.
Nationwide Building Society and Liverpool Victoria Insurance Company Limited are registered for the purpose of processing personal data.
Use of your information by Liverpool Victoria Insurance Company Ltd Information provided will be used to offer you a quote and for the administration of your policies including renewal. It may also be used for research and analysis.
We may obtain information from or exchange it with other organisations to assist with the validation of your details and assess insurance risk. We may also ask you to provide evidence.