day driver policy document - tfp schemes€¦ · tfp day driver policy document v7.qxp_a4 brochure...

policy document

day driver

TFP Day Driver Policy Document v7.qxp_A4 Brochure from SiGGA Design 04/10/2018 3:12 pm

In the event of an accident, windscreen breakage, or to make a claim:

don’t forget your crash card

Please ensure that claims, fault or non-fault are reported immediately as this canoften mean a substantial reduction to the overall cost of a claim.


day driver policy

Welcome to TFP Taxi Day Driver

This Policy has specifically been designed for drivers who only use their vehicles during specific hours, thereforethe policy is endorsed to exclude the use of this vehicle, for hire and reward purposes, during the hours of 22:00and 03:59. (10pm to 3:59 am).

It is important to note that if You have an accident during these hours and are using the vehicle for businesspurposes - You WILL NOT BE COVERED.

Your Policy Benefits at a glance

• Extended Public Liability Cover included as standardVital for any contract work including school and health authorities

• Incident Care Claims Service (24 hours a day, 365 days a year)Via Aviva includes collision advice helpline

• Plated Replacement Vehicle SchemeNon Fault accident. See Policy/Schedule for details

• Up to £25,000 Driver Assault Cover

• Expert SolicitorsTo pursue injury compensation, Loss of Earnings and any other uninsured losses

• RAC Breakdown AssistanceAccess at very competitive terms

About TFP

Established in 1998 TFP Schemes are a specialist insurance underwriting facility authorised by Aviva.


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You should keep Your TFP Taxi Day Driver Policy document in a safe place and make a note of Your policy numberand the Incident Care number so these are available should an emergency arise.

If You have any queries about the cover or would like to extend it please speak to Your usual insurance broker.

Contents

Introduction 2Choice of Law 2Incident Care - How to Claim 2Definition of Terms 3Policy Cover Index 3Cover for Your vehicle - Section 1 4Liability to third parties - Section 2 5-6Additional Covers - Section 3 7

- Section 4 7- Section 5 7- Section 6 7

Driver Assault - Section 7 8Legal Services and Advice - Section 8 9General Exclusion 11General Conditions 11-12Financial Services Compensation Scheme 13Complaints Procedure 14

Incident Care Number

In the event of an accident, windscreen breakage or to make a claim You can call 0800 169 4066 24 hours, 365 days.

TFP Day Driver Policy Document v7.qxp_A4 Brochure from SiGGA Design 04/10/2018 3:12 pm Page 1

Introduction

The Contract of InsuranceThis policy is a contract of indemnity between You, thepolicyholder,and us, Aviva. This policy,the applicationform, any clauses endorsed on the policy, the policySchedule and the Certificate of motor insuranceshould be read together and form the contract ofinsurance. In return for payment of the premium byYou, We will provide insurance in accordance with thepolicy cover shown in the policy Schedule in respect ofaccident, injury, loss or damage occurring within theterritorial limits (or in the course of transit betweenany ports therein including the processes of loadingand unloading) during the period of insurance.

ImportantThis policy is a legal contract. You must tell Us aboutany material circumstances which affect Yourinsurance and which have occurred either since thepolicy started or since the last renewal date. Acircumstance is material if it would influence Ourjudgement in determining whether to provide thecover and, if so, on what terms. If You are not surewhether a circumstance is material ask Your insuranceadviser. If You fail to tell Us it could affect the extentof cover provided under the policy. You should keep awritten record (including copies of letters) of anyinformation You give Us or Your insurance adviserwhen You renew this policy.

Breach of TermWe agree that where there has been a breach of anyterm (express or implied) which would otherwiseresult in Us automatically being discharged from anyliability, then such a breach shall result in any liabilityWe might have under this policy being suspended.Such a suspension will apply only from the date andtime at which the breach occurred and up until thedate and time at which the breach is remedied. Thismeans that We will have no liability in respect of anyloss occurring, or attributable to somethinghappening, during the period of suspension.

Terms not relevant to the actual lossWhere there has been non-compliance with any term(express or implied) of this policy, other than a termthat defines the risk as a whole, and compliance withsuch term would tend to reduce the risk of:

• loss of a particular kind, and/or

• loss at a particular location, and/or

• loss at a particular time, then We agree that We may not rely on the non-compliance to exclude, limit or discharge Our liabilityunder this policy if You show that non-compliancewith the term could not have increased the risk of theloss which actually occurred in the circumstances inwhich it occurred.

Choice of Law

The law of England and Wales will apply to this contractunless:(1) You and the Insurer agree otherwise; or(2) At the date of the contract You are a resident of

(or,in the case of a business, the registered officeor principal place of business is situated in)Scotland,Northern Ireland, Channel Islands or theIsle of Man,in which case (in the absence ofagreement to the contrary) the law of thatcountry will apply.

Incident Care

Claims & Emergency Helpline – 0800 169 4066 IncidentCare is open 24 hours a day, 365 days a year, on 08001694066. Call Us free for immediate assistance in anemergency or to notify a claim.

Making a claimJust one call to Incident Care and our professionallytrained Incident Managers will help You get Yourbusiness back to normal as fast as possible, withminimum fuss. Firstly, We will confirm whether theincident is covered by Your policy and advise You of anyexcess You will have to pay. There is no need to fill in aclaim form. Then You will be assigned a PersonalIncident Manager to handle Your claim from beginningto end, keeping You regularly updated on its progress.

In the case of an accidentIf You have been involved in an accident and Yourvehicle can not be driven, Your Personal IncidentManager will look after Your immediate needs, by:

• arranging for Your vehicle to be recovered to anapproved repairer

• dealing with any immediate concerns You may have,such as contacting those who need to know Youhave been involved in an accident.

The repair bills will be paid directly by Us to ourapproved repairer (apart from any applicable excess), sothere is no need to worry about the finance.

Damaged windscreens/windowsIf Your windscreen or windows are cracked, chipped orshattered, phone Incident Care and a Personal IncidentManager will arrange for an approved glass company toget to You as quickly as possible, assess the damageand either repair or replace the windscreen on the spot.You only pay a £50 excess if the windscreen or otherglass is replaced up to a value of £250. The £250 limit iswaived if You use an approved repairer via the IncidentCare contact number: 0800 169 4066.

Note: For our joint protection, telephone calls toIncident Care may be recorded and/or monitored.You do not have to pay extra for Incident Care - it is allpart of the service.

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Telephone RecordingCalls to 0800 numbers from UK landlines and mobilesare free. The cost of calls to 03 prefixed numbers arecharged at national call rates (charges may varydependent on Your network provider) and are usuallyincluded in inclusive minute plans from landlines andmobiles. For our joint protection telephone calls maybe recorded and/or monitored.

Definition of terms

To save lengthy repetition, wherever the followingwords or phrases occur, they will have the precisemeaning described below unless otherwise stated:

The insured/you/policyholderThe person or persons described as the insured in thepolicy Schedule.

Insurer/we/usAviva Insurance LimitedPitheavlis, Perth, PH2 0NHRegistered Number: 2116Authorised by the Prudential Regulation Authorityand regulated by the Financial Conduct Authority andthe Prudential Regulation Authority.

Your vehicleAny vehicle described in the policy Schedule and anyother vehicle for which details have been supplied toUs and a Certificate of motor insurance bearing theregistration mark of that vehicle has been delivered toYou and remains effective.

Policy ScheduleDetails of You, Your vehicle and the insuranceprotection provided to You.

Certificate of motor insuranceA document that You must have as proof that Youhave the motor insurance necessary to comply withthe law. It shows who can drive Your vehicle and whatpurpose it can be used for. The Certificate of motorinsurance does not, however, indicate the full policycover and for this You need to refer to the main textof the policy booklet.

Period of insuranceThe period of time covered by this policy, as shown inthe policy Schedule, or until cancelled. Each renewalrepresents the start of a new period of insurance.

Market valueThe cost of replacing Your vehicle with one of asimilar type and condition.

ClauseAdditional or alternative wordings which, whenendorsed on Your policy, change its terms. Those

clauses applicable are identified in Your policySchedule.

FireFire, self ignition, lightning and explosion.

TheftTheft, attempted theft or taking of Your vehiclewithout Your consent.

AccessoriesAdditional or supplementary parts of Your vehicle notdirectly related to its function as a vehicle. Theseinclude radios and other in-car entertainment orcommunication equipment, where any of these forman integral part of Your vehicle. Cover is provided upto a limit of £1000.

ExcessThe amount of any claim You will have to pay if Yourvehicle is lost, stolen or damaged.

Territorial limitsGreat Britain, Northern Ireland the Channel Islandsand the Isle of Man and sea transit between any portstherein including the processes of loading andunloading.

Green cardA document required by certain non-EU countries toprovide proof that You have the minimum insurancecover required by law to drive in that country.

RACRAC Motoring Services, RAC House, BrockhurstCrescent, Bescot WS5 4QZ

Policy cover index

Type of Cover Operative/Inoperative Sections

Comprehensive All sections of the policy areoperative

Third Party Fireand Theft

Section 5 is inoperative Section 1is inoperative except for loss ordamage caused directly by fireor by theft

Third Party Only Sections 1 and 5 are inoperative


Cover for Your vehicle

Cover

Section 1

Loss of or damage to Your vehicle

If Your vehicle is lost, stolen or damaged We will:

• pay for Your vehicle to be repaired; or

• replace Your vehicle; or

• pay You a cash amount equal to the loss ordamage.

We may decide to use suitable parts or accessoriesnot supplied by the original manufacturer.The same cover applies to:

• accessories

• spare parts and components for Your vehicle;

• fixtures and fittings while these are in or on Yourvehicle or while in Your private garage.

The most We will pay will be the Market value of Yourvehicle at the time of the loss.

If We know that You are still paying for Your vehicleunder a hire-purchase or leasing agreement, We willpay any claim to the owner described in thatagreement.

Our liability under this section will then end for thatclaim.

Accident recoveryIf Your vehicle is disabled through loss or damageinsured under this policy We will pay the reasonablecost of:

• its protection and removal to the nearest repairers

• its delivery to You after repair but not exceedingthe reasonable cost of transporting it to Youraddress in the territorial limits.

Within the territorial limits We can arrange for thisprotection and removal of Your vehicle through theRAC. To use this service ring Incident Care 08001694066 (if You are in the Republic of Ireland You willneed to ring a special number, 1800 535005 to obtainthe recovery service). The RAC will arrange thefollowing at no cost to You:

• someone to come out and help. If Your vehiclecannot be made roadworthy immediately, it will betaken to our nearest approved repairer. Yourvehicle can be taken to a repairer of Your choice ifthis is nearer, but this may lead to delays inarranging the repairs to Your vehicle

• the onward transmission of any messages on Yourbehalf to a member of Your family or a friend.

In providing accident recovery assistance, RACemployees and contractors will use reasonable careand skill when providing the service. The RAC can,

however, cancel services or refuse to provide them if,in their opinion, the demands made are excessive,unreasonable or impracticable.

ExcessesIf Your vehicle (including its accessories and spareparts) is lost, stolen or damaged, You will have to paythe first part of any claim as indicated below.We shall not be liable for(1) the following excesses in respect of loss or

damage (other than by fire self-ignitionlightning explosion or theft or attemptedthereat) occurring while Your vehicle is beingdriven by or is in the charge of for the purposeof being driven by the following

Driver Amount to be paid by You(a) 20 year of age or under £500(b) Between 21 and 24 years of Age inclusive £300(c) Any person over 25 years of age who has

held a public or private hire licence for less than 12 Months £150

(d) Any person aged 70 or above £150(e) 25 years of age or over but is the holder of

– a provisional licence or– a full licence for less than 12 Months– a licence issued outside Great Britain,

Northern Ireland, the Channel Islands, Isle of Man and the EU for less than 2 years to drive a vehicle of the same class as such vehicle £300

The excesses above apply in addition to any voluntaryexcess or other compulsory excesses that may apply.

Late Reported ClaimsAll claims irrespective of negligence or liability mustbe, in the first instance, reported to Incident Care0800 1694066, within one calendar month of the dateof the incident.

Late notification will nearly always increase the cost ofsettling such claims. Therefore, Your failure to reportan incident could result in the increased cost beingpassed to You, the policyholder, for settlementIn addition to any other Voluntary or Compulsoryexcess, an Additional excess in respect of anydamage, for late claim reporting will apply asindicated below:

Up to 30 days- Nil

31 to 45 days - £100

46 to 60 days - £200

61 to 89 days - £300

90 days or more - £400

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Exclusions to Section 1 of Your policyYour policy does not cover the following:(1) loss of use, depreciation, wear and tear,

mechanical, electrical, electronic or computerbreakdowns or failures or breakages

(2) damage to tyres caused by braking or bypunctures, cuts or bursts

(3) loss or damage directly arising from pressurewaves caused by aircraft or other aerial devicestravelling at sonic or supersonic speed

(4) loss of value following repair(5) loss or damage arising from theft whilst the

ignition keys of Your vehicle have been left in oron the vehicle

(6) any personal effects, money or goodsbelonging to the driver, passengers or any otherparty.

(7) loss or damage arising from confiscation orrequisition or destruction by or under order ofany Government or Public or Local Authority

(8) loss or damage arising during or inconsequence of riot or civil commotionoccurring:(a) in Northern Ireland(b) outside the territorial limits;

Liability to third parties

Section 2

Your liability to third partiesWe will insure You in respect of all sums which Youmay be required to pay by law and all other costs andexpenses incurred with our written consent, arisingfrom:(1) death of or bodily injury to third parties(2) damage to third party property up to a

maximum amount of : (a) £5,000,000 (excluding claimant’s costs

and expenses and any other costs andexpenses)

(b) £5,000,000 for claimant’s costs andexpenses and any other costs andexpenses in relation to damage to thirdparty property

where such death, injury or damage arises out of anaccident caused by or in connection with Your vehicle,including its loading and unloading, or any trailerwhile it is being towed by Your vehicle.

Notwithstanding General Exclusion 2 We will insureYou for all sums which You may be required to pay bylaw under an agreement with any person (hereinaftercalled the Principal) for the execution of work orservices or in connection with access to any premisesor road in the ownership of the Principal, providedthat You shall have arranged with the Principal for theconduct and control of all claims for which We may beliable by virtue of this clause to be passed to us.

Liability of other persons driving or using YourvehicleOn the same basis that We insure You under thissection, We will also insure the following persons:

any person You give permission to drive Your vehicle,provided that Your effective Certificate of motorinsurance allows that person to drive

any person You give permission to use (but not drive)Your vehicle for social, domestic and pleasurepurposes, provided that use for social, domestic andpleasure purposes is included in the effectiveCertificate of motor insurance

any passenger travelling in, or getting into or out of Yourvehicle. This cover will be provided if You request it.

Indemnity to legal personal representativesIn the event of the death of anyone who is insuredunder this section, We will protect his/her legalpersonal representatives for any liability of thedeceased person if that liability is insured under thissection.

Legal costsIf You, or anyone else, are involved in an accidentwhich is covered under this section, We will pay thefees and disbursements of any legal representativeWe agree to, and defend anyone We insure under thissection:Completeat a coroner’s inquest;

• at a fatal accident inquiry;

• in any proceedings brought under the Road TrafficActs or equivalent European Union legislation.

We will not pay representation for:

• a plea of mitigation (unless the offence You arecharged with carries a custodial sentence); orappeals.

Duty of Care – driving at work, legal costsWe will pay:-(1) Your legal fees and expenses incurred with our

written consent for defending proceedingsincluding appeals;

(2) Costs of prosecution awarded against Youarising from any health and safety inquiry orcriminal proceedings for any breach of the:(a) Health and Safety at Work etc Act 1974;(b) Health and Safety at Work (Northern

Ireland) Order 1978;(c) Corporate Manslaughter and Corporate

Homicide Act 2007.We will not provide indemnity:(1) Unless the proceedings relate to an actual or

alleged act, omission or incident committedduring the period of insurance within Great Britain,Northern Ireland the Channel Islands and the Isleof Man and in connection with the business;


(2) Unless the proceedings relate to an actual oralleged act, omission or incident arising fromthe ownership, possession or use by or onbehalf of You of any motor vehicle or trailer incircumstances where compulsory insurance orsecurity is required by the Road Traffic Acts;

(3) In respect of proceedings which result from anydeliberate act or omission by You; or

(4) Where indemnity is provided by anotherinsurance policy.

The limit of indemnity in respect of such legal fees,expenses and costs is:

Health and Safety at Work etc Act 1974 and Healthand Safety at Work (Northern Ireland) Order 1978 –£100,000;

Corporate Manslaughter and Corporate Homicide Act2007 – Unlimited.

Cross liabilitiesWhere there is more than one insured person namedin Your Schedule, cover will operate for each one as ifthey are the only insured person covered under thispolicy, but the total liability of the insurer for allcompensation payable in respect of damage to thirdparty property shall not exceed £5,000,000 inrespect of all other vehicles in respect of any claim ora series consequent on one original cause.

Application of indemnity limitsIn the event of an accident involving payment by Usto more than one person any limitation by the termsof this policy or any clause relating to the maximumamount payable shall apply to the aggregate amountof payments to all such persons and Your liability shallbe settled in priority

Exclusions to Section 2 of Your policyThe cover under this section will not apply:(1) If any person insured under this section fails to

observe the terms, exclusions and conditions ofthis policy as far as they can apply. The coverwill also not apply if they can claim underanother policy

(2) to death of or injury to any employee of theperson insured which arises out of or in the courseof such employment except where such liability isrequired to be covered by the Road Traffic Acts

(3) to loss, damage, injury or death caused orarising beyond the limits of any carriageway orthoroughfare in connection with the bringing ofa load to Your vehicle for loading on to it ortaking a load away from Your vehicle havingunloaded it

(4) to loss of or damage to property belonging toor in the care of anyone We insure who claimsunder this section and to property beingconveyed by Your vehicle

(5) to damage to any vehicle where cover inconnection with the use or driving of thatvehicle is provided by this section

(6) to any loss, damage, injury or death occurringwhilst Your vehicle is being used in that part ofan aerodrome or airport provided for the takeoff or landing of aircraft on the surface, aircraftparking aprons including the associated serviceroads and ground equipment parking areas andthose parts of passenger terminals which comewithin the Customs examination area, exceptwhere such liability is required to be covered bythe Road Traffic Acts

(7) for liability which attaches to the Principal byvirtue of an agreement which would not haveattached in the absence of such agreement

(8) for bodily injury to the Principal for any amountfor which You would not be liable in theabsence of an agreement

(9) for damage to property belonging to or held intrust by or in the custody or control of thePrincipal for any sum in excess of the amountrequired to indemnify the Principal

(10) for liability which attaches to the Principalwhich arises other than by reason of thenegligence of You or Your employee

(11) except to the extent that We are liable underthe Road Traffic Acts, in respect of anyconsequence whatsoever resulting directly orindirectly from or in connection with any of thefollowing regardless of any other contributorycause or event(a)Terrorism

Terrorism is defined as any act or actsincluding but not limited to(i) the use or threat of force and/or violence

and/or(ii) harm or damage to life or to property (or

the threat of such harm or damage)including but not limited to harm ordamage by nuclear and/or chemical and/orbiological and/or radiological means

caused or occasioned by any person(s) orgroup(s) of persons or so claimed in whole or inpart for political, religious, ideological or similarpurposes(b)any action taken in controlling preventing

suppressing or in any way relating to (a) above.Where We are liable under the Road Traffic Acts themaximum amount We will pay for damage toproperty as a result of any accident or accidentscaused by a vehicle or vehicles driven or used by Youor any other person and for which cover is providedunder this section will be(i) the third party property damage limit specified in

the policy or £5,000,000 whichever is the lower inrespect of all claims consequent on one originatingcause; or

(ii) such greater sum as may in the circumstances be required by the Road Traffic Acts.

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Section 3

Emergency treatmentWe will reimburse any person using Your vehicle forpayments made under the Road Traffic Acts foremergency treatment.

A claim solely made under this section will notprejudice Your No Claim Discount.

Section 4

No claim discountIf no claim is made under Your policy during thePeriod of Insurance, We will increase Your No ClaimDiscount at Your next renewal in line with the scaleWe apply at the time.

Where a claim has been made, We may reduce YourNo Claim Discount in line with the scale We apply atthe time.

Third Parties may claim directly against Us as Yourinsurer in the event of an accident involving YourVehicle, as permitted under the EuropeanCommunities (Rights Against Insurers) Regulations2002. In these circumstances We will deal with anyclaim, subject to the terms and conditions of Yourpolicy. This may affect Your No Claim Discount.

If a claim is made which is not Your fault and We haveto make a payment, We will reduce Your No ClaimDiscount unless We can recover all sums We havepaid from those responsible.

If there is more than one vehicle insured, Your NoClaim Discount will be applied as if a separateinsurance had been issued for each.

No Claim Discount is not earned where Your Vehicle isinsured for less than 12 months.

If We consent to transfer this policy to another personor company, No Claim Discount already earned underthis policy will not apply to the person or company towhom the policy is being transferred.

If Your renewal is due and investigations into a claimare still ongoing, We may reduce Your no claimdiscount provisionally, until our investigations arecomplete. We may then restore Your no claim discountand refund any extra premium that has been paid

Section 5

Glass in windscreen, sunroof or windowsAny payment solely for repair or replacement of glassin the windscreen, sunroof or windows of Your vehicle(or any scratching of bodywork arising directly andsolely from the glass breakage) will not prejudice Your

No Claim Discount and the excesses will not apply. Youwill, however, have to pay the first £50 of the cost ofglass replacement. This excess for glass will not applywhen the glass is repaired rather than replaced.Any such damage for this section is restricted tocomprehensive cover only with the windscreen/windowreplacement value limited to £250 of any one incident.This limit is waived if You use an approved repairer viathe Incident Care contact number.

Section 6

Continental use/compulsory insurancerequirementsIn addition to providing cover within the territoriallimits, this policy, in compliance with EU directives,also provides the necessary cover to meet the laws oncompulsory insurance of motor vehicles in:1. any other country which is a member of the

European Union2. any country which the Commission of the

European Communities is satisfied has madearrangements to meet the requirements of Article7(2) of EC Directive 72/166/CEE relating to civilliabilities arising from the use of a motor vehicle.(Eligible countries change from time to time. Yourinsurance broker should be able to tell You thecurrent list of eligible countries).

The level of cover provided will be the minimumrequired to comply with the laws on the compulsoryinsurance of motor vehicles of the country in whichthe accident occurs. Where the accident occurred inanother EU Member State, however, if the minimumcover required by the laws of Great Britain is widerthan that of such EU Member State, the level of coverprovided will be that applicable to Great Britain.

If You take Your vehicle abroadAll countries within the territorial limits have agreedthat a Green card is not necessary for travel outsidethe territorial limits. Your Certificate of motorinsurance provides sufficient evidence that You arecomplying with the laws on the compulsory insuranceof motor vehicles in any of these countries You visit.

If, however, You contact Your insurance broker at leasttwo weeks before departure, he/she will be able toprovide You with our ‘Driving on the Continent’ booklet.

This booklet contains useful information on drivingabroad, what to do in the event of an accident andstatements in the main European languages forpresentation to the Police or other officials confirmingthat You have proper insurance to drive in theircountries. There is no cover for countries outside theterritorial limits. We may, however, be prepared toextend cover to certain places by special request, inwhich case We will provide You with a Green card andan additional premium will be required.


Driver Assault

Section 7

Definitions

AssaultThe Insured Person being assaulted by any person(other than an employee of the Insured) whileengaged in his duties on behalf of the Insured andsuch assault being an unprovoked attack.

Accidental Bodily InjuryInjury caused by a sudden violent external unforeseenand identifiable event

Loss of all SightShall include total and irrecoverable loss of all sightwhich shall be deemed to have occurred(a) in both eyes when the condition is shown to the

Insurer’s satisfaction to be permanent andwithout expectation of recovery and theInsured Person’s name has been added to theRegister of Blind Persons on the authority of afully qualified ophthalmic specialist

(b) in one eye when the degree of sight remainingafter correction is 3/60 or less on the Snellenscale and the Insurer is satisfied that thecondition is permanent and withoutexpectation of recovery

Operation of CoverThe Insurer will pay the Benefits in the event of anInsured Person, sustaining Accidental Bodily Injurywhich, independently of any other cause, results in thedeath or disablement of the Insured Person

Insured PersonThe Insured and any other named driver shown under5. Persons or classes of persons entitled to drive onthe Certificate of motor insuranceBenefitsInjury caused by a sudden violent external unforeseenand identifiable event: 1. death £25,0002. total and irrecoverable loss of all sight £25,0003. total loss by physical severance or

complete and irrecoverable loss of use of either one or both hands and/or one or both feet £25,000

4. permanent total disablement (other than Loss of Sight or limbs) entirely preventing the Insured Person from engaging in or giving attention to any and every profession or occupation £25,000Occurring within 24 months of the date of the incident giving rise to the claim

5. total disablement entirely preventing the InsuredPerson from engaging in or giving attention tohis/her usual occupation £200 per week

Benefit 5:

Excess 7 days

Benefit period 52 weeks

Exclusions to Section 7General exclusions to this policy also apply whereappropriate

1 Intoxicating Liquor or DrugsAccidental Bodily Injury sustained while under theinfluence of intoxicating liquor or drugs taken bythe Insured Person other than drugs taken inaccordance with treatment prescribed anddirected by a qualified registered medicalpractitioner but not for the treatment of drugaddiction

2 Self-Inflicted Injuryintentional self-inflicted injury

Conditions to Section 7The general conditions in this policy also apply whereappropriate

1 DutyAny such Assault must be reported to the policewithin 24 hours

2 Payment of BenefitOnly one Benefit is payable in respect of theInsured Person suffering Accidental Bodily InjuryAfter a claim has been paid under Benefit 1 to 4 inrespect of any Insured Person no further liabilityshall attach to the Insurer in respect of that InsuredPerson during the Period of Insurance

3 Payment under Benefit 4Benefit 4 shall be payable only on certification bya medical practitioner (appointed by Us) ofpermanent total disablement as defined and notbefore the expiry of 52 consecutive weeks’disablement

4 Discharge of LiabilityThe Benefit shall be payable to the Insured Personwhose receipt shall be a valid discharge of theInsurer’s liability

5 EvidenceAll certificates information and evidence tosupport a claim shall be provided at the Insured’sexpense and shall be in a form as required by theInsurer The Insured Person shall as often asrequired submit to medical examination at theInsurer’s expense

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Legal Services and Advice

Section 8

DefinitionsThe following definitions apply only to this clause. Thegeneral definitions in this policy also apply whereappropriate

Insured person1. You2. Any authorised driver or any person permitted to

drive as described under ‘5 – Persons or Classesof Persons entitled to drive’ in the certificate ofmotor insurance provided that person holds avalid driving licence

3. Passengers carried in Your vehicle whilst it isbeing driven by an authorised driver inaccordance with the terms of the policy

Our Legal ServicesLegal services and advice will be provided by aselected organisation on behalf of TFP Schemes. Forthe purposes of this section “TFP Schemes” will meanthe organisation specifically selected to offer You thisservice

Legal RepresentativeThe solicitors, or other qualified experts, appointed byTFP Schemes to act for an insured person, providedsuch solicitors or other qualified experts satisfy thefollowing conditions1. they agree to fund all disbursements and not to

claim for same until the end of the case;2. they agree not to submit any claim for legal costs

until the end of the case and to try to recover allsuch legal costs from the other party in the action;

3. they agree to report in writing to TFP Schemes onany substantive development in the progress ofthe case

Legal proceedings1. The pursuit of a claim for damages either by

negotiation or by civil court, tribunal or arbitrationproceedings within the territorial limits in respectof a matter covered under this policy; and/or

2. the defence of motoring prosecutions in a courtwithin the territorial limits

Legal costsThe fees, expenses, costs and disbursementsreasonably and properly incurred by or on behalf ofthe insured person and authorised by TFP Schemes inpursuing or defending a claim under this clause; andThe costs of a third party either for which the insuredperson is held liable by court order or which areagreed by TFP Schemes and are incurred inconnection with legal proceedings covered under thisclause

Event or CauseThe incident or the start of a series of incidents, whichleads to a claim being made under this policy

Limits of Indemnity• In respect of claims for the pursuit of damages

£100,000; and

• In respect of defence of motoring prosecutions£20,000

Road Traffic AccidentAn accident involving Your vehicle(i) on a public highway or on a private road or car

park to which the public normally exercises anuninterrupted right of access

(ii) within the territorial limits(iii) where the insured person is not at fault(iv) for which a third party is at fault and(v) which occurs during the period of insurance

Uninsured lossesLoss arising out of a Road Traffic Accident where theloss is not otherwise covered by insurance and eitherdamage occurs to Your vehicle or any personal effectsowned by the insured person whilst in or mounting ordismounting from Your vehicle. Underwritten by ArcLegal Assistance Ltd.

Territorial LimitsGreat Britain, Northern Ireland the Channel Islandsand the Isle of Man and sea transit between any portstherein including the processes of loading andunloading.

What is covered1. TFP Schemes will indemnify the insured person

against the legal costs of legal proceedingsincurred in connection with

• The pursuit of a claim directly arising from a RoadTraffic Accident: and/or

• The defence of a motoring prosecution broughtagainst an insured person in connection withcriminal proceedings involving Your vehicle. Pleasin mitigation will be supported by TFP Schemes attheir sole discretion and when there is a prospectof such a plea presented either in writing or inperson by a solicitor or barrister materiallyaffecting the likely outcome of the prosecution

2. TFP Schemes may, at their sole and unfettereddiscretion, facilitate the hire of a replacementvehicle on behalf of the Insured person for theperiod that Your vehicle is immobilised as a resultof an insured event and/or whilst it is beingrepaired. You must comply with the Terms andConditions of the Hire Company selected by TFPSchemes.

3. TFP Schemes will provide You with initial legaladvice via Incident Care


What is not coveredGeneral exceptions to this policy also apply whereappropriate1. Claims arising from an on track/event accident2. Appeals unless the Insured person has notified TFP

Schemes of his or her wish to appeal at least tenworking days before the deadline for any such appealand the approval of TFP Schemes has been obtained

3. Claims (including appeals) which, in the opinion ofTFP Schemes do not have a reasonable chance ofsuccess or, in the case of claims for damages,where in the opinion of TFP Schemes there is not areasonable chance of successfully recovering anydamages awarded.Cover may be refused or discontinued if suchprospects do not, or no longer exist

4. Legal costsa. incurred before TFP Schemes have confirmed

acceptance of the claim in writing; b. exceeding any amount approved by TFP

Schemes;c. incurred following a payment into court by a

third party unless TFP Schemes haveauthorised the insured person in writing tocontinue with the claim after the payment intocourt or the insured person is ultimatelyawarded or settles for more than the amount ofpayment in;

d. incurred if the insured person withdrawsinstructions from the legal representative orfrom the legal proceedings unless suchwithdrawal is approved by TFP Schemes;

e. for any expert witness unless previouslyapproved by TFP Schemes;

f. where the insured person is responsible forunreasonable delay which is prejudicial to theclaim or where the insured person fails to giveproper instructions in due time to TFP Schemesor the legal representative;

g. where the insured person pursues a claimwithout the consent of TFP Schemes or in adifferent manner from that advised by the legalrepresentative

5. Claims against Us or TFP Schemes who providethe insurance or claims by the insured personagainst any other person covered under the policy

6. Claims relating to matters for which the insuredperson would, but for the existence of this policy,be entitled to indemnity under any other policy

7. Claims directly or indirectly caused by, contributedto or arising from; a. prosecutions which allege dishonesty or

violence or which arise from drink or drug-related offences or parking offences;

b. any deliberate and criminal act or omission ofthe insured person or which is false orfraudulent in any way;

c. faults in Your vehicle or faulty, incomplete orincorrect servicing, maintenance or repair ofYour vehicle

8. Your travelling expenses, subsistence allowance orcompensation for absence from work

9. Application for Judicial Review10. Legal costs, fines or penalties which a court of

criminal jurisdiction orders the insured person topay

ConditionsThe General conditions in this policy also apply whereappropriate1. To make a claim the insured person must notify

TFP Schemes of the claim in writing as soon asreasonably possible and in any event within 180days of the event or cause leading to the claim

2. On receipt of a claim under this policy TFPSchemes will evaluate the claim, advise on thesteps the insured person should take to pursue theclaim and, where appropriate, provide theassistance of a legal representative to pursue theclaim either by negotiation or civil proceedings. If,in the opinion of TFP Schemes the claim may becapable of being settled by negotiation TFPSchemes will appoint a legal representative fromits approved panel. In the event that the claim isnot settled by negotiation and proceedings followTFP Schemes will provide the insured person withthe name and address of the legal representativewhom TFP Schemes suggests should act for theinsured person in the claim. You do not have toaccept the legal representative nominated by TFPSchemes. If TFP Schemes and the insured personare unable to agree on a suitable legalrepresentative, TFP Schemes will ask the LawSociety to name another legal representative. TFPSchemes and the insured person must accept theLaw Society’s nomination. In the meantime, TFPSchemes may appoint a legal representative to acton behalf of the insured person to safeguard his orher interests

3. During the course of the claim You musta. co-operate at all times in the completion of any

necessary documentation or provision ofinformation requested either by TFP Schemesor by the legal representative

b. not do anything which may prejudice Your caseor TFP Schemes’ position in respect of theclaim

c. take all available steps to recover the legal costsin the legal proceedings

d. Notify TFP Schemes of any settlement offermade before accepting it

4. During the course of the claim TFP Schemes willhave the right of direct access to the legalrepresentative

5. TFP Schemes shall not provide cover under theclause if the insured person makes a falsedeclaration when applying for cover

6. The insured person shall take all reasonable stepsto prevent any occurrence which may give rise to aclaim under this clause

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7. The insured person shall take all reasonable stepsto mitigate the losses that follow from an event orcause

8. The insured person shall forward any accounts forlegal costs as soon as they are received and, ifrequired to do so by TFP Schemes, shall have suchlegal costs taxed, assessed or audited by theappropriate court or authority

To make a claim under this section of the policy,please telephone 02920 30 12 32

General Exclusions

General Exclusions apply to the whole of YourTaxi policyYour policy does not cover the following -(1) any accident, injury, loss or damage while Your

vehicle is being:

• used otherwise than for the purposesdescribed under the “Limitations as to Use”section of Your effective Certificate of motorinsurance

• driven by You unless You hold a licence,issued by the DVLA, to drive Your vehicle orhave held and are not disqualified fromholding or obtaining such a licence

• driven by You unless You hold any other drivinglicence required by law to drive Your vehicle forthe purposes for which it is being used

• driven by anyone else with Your generalconsent who to Your knowledge does not havea licence issued by the DVLA to drive Yourvehicle has never held one or is disqualifiedfrom holding or obtaining such a licence

• driven by anyone else with Your generalconsent who to Your knowledge does nothave any other driving licence required bylaw to drive Your vehicle for the purposesfor which it is being used

• driven by any person other than as describedunder the section of Your effective Certificateof motor insurance headed “Persons orClasses of Persons entitled to drive”, exceptthat cover will not be withdrawn(i) While Your vehicle is in the custody or

control of a member of the motortrade for the purposes of overhaul,upkeep or repair

(ii) If the injury, loss or damage wascaused as a result of Your vehiclebeing stolen or having been takenwithout Your consent or other lawfulauthority

(iii) If the person driving does not have adriving licence and You had noknowledge of such deficiency.

(2) any liability You have accepted solely by virtueof an agreement but which would not attach if

that agreement did not exist.(3) loss or destruction of or damage to any

property whatsoever or any loss or expensewhatsoever or any consequential loss resulting;or any legal liability of whatsoever naturedirectly or indirectly caused by or contributedto by or arising from(i) ionising radiations or contamination by

radioactivity from any irradiated nuclearfuel or from any nuclear waste from thecombustion of nuclear fuel

(ii) the radioactive, toxic, explosive or otherhazardous properties of any explosivenuclear assembly or nuclear componentthereof.

(4) any consequence of war, invasion, act of foreignenemy hostilities (whether war be declared ornot), civil war, rebellion, revolution, insurrectionor military or usurped power except so far as isnecessary to meet the requirements of theRoad Traffic Acts.

General Conditions

General Conditions apply to the whole of YourTaxi Policy

Claims procedure(1) As soon as reasonably possible after any

accident, injury, loss or damage, You or Yourlegal personal representative must telephoneUs with the full details of the incident. Anycommunication You receive about the incidentshould be sent to Us immediately.You or Your legal personal representative mustalso let Us know immediately if anyone insuredunder this policy is to be prosecuted as a resultof the incident or if there is to be an inquest orfatal enquiry.

(2) You, or anyone else claiming under this policy,must not admit to any claim, promise anypayment or refuse any claim without ourwritten consent. If We want to, We can takeover and conduct in Your name, or in the nameof the person claiming under the policy, thedefence or settlement of any claim or takeproceedings for our own benefit to recover anypayment We have made under this policy. Weshall have full discretion in the conduct of anyproceedings or the settlement of any claim. Theperson who is seeking payment under thispolicy shall give Us all the information andassistance necessary for Us to achievesettlement.

(3) Where there is a claim, or a number of claimsarising out of one incident, and this relates topayment for liability for damage to property, Wemay, at any time, pay You the full amount We arerequired to pay under the policy (less any sums


We have already paid in compensation) or, anylesser amount for which such claim or claims canbe settled and, having done so, relinquish theconduct and control of such claim(s) and beunder no further liability for them.We will, however, be liable for the payment ofcosts and expenses of litigation, recoverable orincurred, in respect of matters prior to the dateof such payment.

Cancelling this policy(a) You may cancel this policy at any time after the

date We have received the premium, byproviding 7 days notice in writing to Us.

(b) If there is a default under Your creditagreement, arranged through Your broker orTFP Schemes, which finances this policy, we, orany agent appointed by Us and acting with ourspecific authority may cancel this policy byproviding notice in writing to You inaccordance with the default terminationprovisions set out in Your credit agreement,arranged through Your broker or TFP Schemes.

If Your policy is cancelled under (a) or (b) above andprovided that there have been no: (i) claim(s) made under the policy for which We

have made a payment(ii) claim(s) made under the policy which are still

under consideration(iii) incident(s) which You are aware of and are

likely to give rise to a claim which has alreadybeen or is yet to be reported to Us

during the current period of insurance We may, at ourdiscretion, refund to You a proportionate part of thepremium paid for the unexpired period.

(c) Where there is no credit agreement, arrangedthrough Your broker or TFP Schemes, tofinance this policy, We will cancel this policyfrom the inception date if the premium has notbeen paid and no return premium will beallowed. Such cancellation will be confirmed inwriting by Us to Your last known address.

(d) We may also cancel this policy at any time bysending not less than 7 days notice in writing toYour last known address. We will refund a proportionate part of thepremium for the unexpired period provided thatthere have been no(i) claim(s) made under the policy for which

We have made a payment,(ii) claim(s) made under the policy which are

still under consideration,(iii) incident(s) which You are aware of and

are likely to give rise to a claim which hasalready been or is yet to be reported toUs

during the current Period of Insurance.

Other insuranceIf at the time of any claim arising under this policythere is any other insurance policy covering the sameloss, damage or liability, We will only pay our share ofthe claim.

This provision will not place any obligation upon Us toaccept any liability under Section 2 which We wouldotherwise be entitled to exclude underExclusion 1 to Section 2.

Your duty to prevent loss or damageYou shall at all times take all reasonable steps tosafeguard Your vehicle from loss or damage. You shallmaintain Your vehicle in efficient condition and We shallhave, at all times, free access to examine Your vehicle.

ArbitrationWhere We have accepted a claim and there isdisagreement over the amount to be paid, the disputemust be referred to an arbitrator to be agreedbetween You and Us in accordance with the law at thetime. When this happens, a decision must be madebefore You can take any legal action against us.Non Disclosure, Misrepresentation or Misdescription1. Before this policy was entered into

If You have breached Your duty to make a fairpresentation of the risk to Us before this policy wasentered into, then:

• where the breach was deliberate or reckless, Wemay avoid this policy and refuse all claims, andkeep all premiums paid;

• where the breach was neither deliberate norreckless, and but for the breach:- We would not have agreed to provide cover

under this policy on any terms, We may avoidthis policy and refuse all claims, but will returnany premiums paid

- We would have agreed to provide cover underthis policy but on different terms (other thanpremium terms), We may require that thispolicy includes such different terms with effectfrom its commencement, and/or

- We would have agreed to provide cover underthis policy but would have charged a higherpremium, Our liability for any loss amountpayable shall be limited to the proportion thatthe premium We charged bears to the higherpremium We would have charged, as outlined inSchedule 1 to the Insurance Act 2015.

2. Before a variation was agreed

If You have breached Your duty to make a fairpresentation of the risk to Us before any variation tothis policy was agreed, then:

• where the breach was deliberate or reckless, Wemay cancel this policy with effect from the date ofthe variation, and keep all premiums paid;

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• where the breach was neither deliberate norreckless, and but for the breach:- We would not have agreed to the variation on

any terms, We may treat this policy as thoughthe variation was never made, but will returnany additional premiums paid

- We would have agreed to the variation but ondifferent terms (other than premium terms), Wemay require that the variation includes suchdifferent terms with effect from the date it wasmade, and/or

- We would have agreed to the variation butwould have increased the premium, or wouldhave increased it by more than We did, orwould not have reduced it or would havereduced it by less than We did, Our liability forany loss amount payable shall be limited on aproportionate basis, as outlined in Schedule 1 tothe Insurance Act 2015.

This condition operates in addition to any provisionsrelating to underinsurance in this policy.

FraudIf a claim made by You or anyone acting on Yourbehalf is fraudulent or fraudulently exaggerated orsupported by a false statement or fraudulent meansor fraudulent evidence is provided to support theclaim, We may:(1) refuse to pay the claim,(2) recover from You any sums paid by Us to You in

respect of the claim,(3) by notice to You cancel the policy with effect

from the date of the fraudulent act without anyreturn of premium.

If We cancel the policy under (3) above, then We mayrefuse to provide cover after the time of thefraudulent act. This will not affect any liability We mayhave in respect of the provision of cover before thetime of the fraudulent act.

If this policy provides cover to any person other thanYou and a claim made by such person or anyoneacting on their behalf is fraudulent or fraudulentlyexaggerated or supported by a false statement orfraudulent means or fraudulent evidence is providedto support the claim, We may: (1) refuse to pay the claim,(2) recover any sums paid by Us in respect of the

claim (from You or such person, depending onwho received the sums or who benefited fromthe cover provided),

(3) by notice to You and such person cancel thecover provided for such person with effect from the date of the fraudulent actwithout any return of premium in respect ofsuch cover.

If We cancel a person’s cover under (3) above, thenWe may refuse to provide cover after the time of thefraudulent act. This will not affect any liability We mayhave under such cover occurring before the time ofthe fraudulent act.

Monthly premiumsIIn the event of a total loss claim under this policy, allremaining monthly premiums for the period of theinsurance contract will immediately become due. Wereserve the right to deduct this amount from theclaims settlement.

Payments made under compulsory insuranceregulations and rights of recoveryIf the law in any country in which this policy operatesrequires Us to settle a claim which, if this law had notexisted We would not be obliged to pay, We reservethe right to recover such payments from You or fromthe person who incurred the liability.

Financial Services CompensationScheme

We are members of the Financial ServicesCompensation Scheme (FSCS). You may be entitledto compensation from this scheme if we cannot meetour obligations, depending on the type of insuranceand the circumstances of your claim.

Further information about the scheme is availablefrom the FSCS website www.fscs.org.uk.


Complaints Procedure

Our Promise of ServiceOur goal is to give excellent service to all ourcustomers but We recognise that things do go wrongoccasionally. We take all complaints We receiveseriously and aim to resolve all our customers’problems promptly. To ensure that We provide thekind of service You expect We welcome Yourfeedback. We will record and analyse Your commentsto make sure We continually improve the service Weoffer.

What will happen if You complain?• We will acknowledge Your complaint promptly.

• We aim to resolve complaints as quickly aspossible.

Most of our customers’ concerns can be resolvedquickly but occasionally more detailed enquiries areneeded. If this is likely, We will contact You with anupdate within 10 working days of receipt of Yourcomplaint, and will give You an expected date ofresponse.

What to do if You are unhappyIf You are unhappy with any aspect of the handling ofYour insurance We would encourage You, in the firstinstance, to seek resolution by contacting YourInsurance Advisor

If You are unhappy with the outcome of Yourcomplaint, You may refer the matter to the FinancialOmbudsman (FOS) at:The Financial Ombudsman ServiceExchange TowerLondonE14 9SR

Telephone: 0800 023 4567 (calls from UK landlines and mobilesare free) or 0300 123 9123

Or simply log on to their website at www.financial-ombudsman.org.uk

Whilst We are bound by the decision of the FOS, Youare not. Following the complaints procedure does notaffect Your right to take legal action.

Use of LanguageUnless otherwise agreed, the contractual terms andconditions and other information relating to thiscontract will be in English.

Customers with DisabilitiesThis policy and other associated documentation arealso available in large print, audio and Braille. If Yourequire any of these formats please contact Yourinsurance broker.

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029 20 30 10 30 • www.tfpschemes.co.ukTFP Schemes, 40, Cathedral Road, Cardiff CF11 9LL

TFP Schemes is a trading style of Q Underwriting Services Limited and is registered in England And Wales. Company Registration Number is 08946569

Registered Office: Rossington's Business Park, West Carr Road, Retford, Nottinghamshire, DN22 7SWQ Underwriting Services Limited is authorised and regulated by the Financial Conduct Authority. Firm reference number is 657367

TFP/DAYDRV-POL/10.18


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