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M&S_cover_car_ins_policy_doc_standard_4488.GE Car Insurance Cover template A5 30/01/2020 13:09 Page 1
The policy
document for
your car
insurance
standard coverM&S_cover_car_ins_policy_doc_standard_4488.GE Car Insurance Cover template A5 30/01/2020 13:09 Page 2
Your policy details
Contents Page
Motor policy wording 3
Breakdown 23
Motor legal protection 35
Guaranteed replacement car 44
Additional important information 48Motor policy
wording
Motor policy wording
M&S Car Insurance
24 hour claims helpline: 0344 412 2160
Please keep this document safe
Policy wording contents
Definitions ................................................................................................................................................Section A
Policy cover ............................................................................................................................................Section B
Important customer information .................................................................................Section C
Making a claim .....................................................................................................................................Section D
Contract of insurance ................................................................................................................Section E
Liability to others ................................................................................................................Section 1
Damage to the car ............................................................................................................Section 2
Fire and theft ............................................................................................................................Section 3
Glass damage ..........................................................................................................................Section 4
Personal belongings .......................................................................................................Section 5
Medical expenses ...............................................................................................................Section 6
Personal accident benefits .....................................................................................Section 7
Replacement locks ...........................................................................................................Section 8
Child car seat cover .........................................................................................................Section 9
Uninsured driver promise...........................................................................................Section 10
Emergency transport and accommodation ......................................Section 11
Travelling abroad ..................................................................................................................Section 12
No claims discount ...........................................................................................................Section 13
No claims discount protection ..........................................................................Section 14
Cancellation ...............................................................................................................................Section 15
General policy exclusions .........................................................................................Section 16
General policy conditions .........................................................................................Section 17
Complaints procedure ..............................................................................................................Section F
Data protection notice ..............................................................................................................Section G
A Definitions
Certain words appearing in your Motor Policy Wording, Schedule of Insurance or Certificate of Motor Insurance
have been defined and they will have the same meaning wherever they are shown in bold.
Word or expression Definition
Accessories Additional or supplementary parts of the car not directly related to its function as
a vehicle, whilst in or on the car or held in a locked private garage. Accessories do
not include trailers, personal belongings, mobile telephones, audio, navigation or
entertainment equipment.
Certificate of The document headed Certificate of Motor Insurance which provides evidence of
Motor Insurance the existence of motor insurance as required by the Road Traffic Acts.
3Motor policy
wording
Word or expression Definition
Excess(es) The excess is the amount you must pay towards any claim, this can include both
compulsory and voluntary excesses in which case the insurer will add them together.
Inexperienced driver Drivers aged 25 or older who hold a provisional licence or who have held a full driving
licence issued within the territorial limits, the European Union or European Economic
Area for less than 12 months.
Insurer(s) The Insurance Company or Lloyd’s syndicate which covers you and whose name is
specified in the Statement of Insurance, Schedule of Insurance and the Certificate
of Motor Insurance on whose behalf this document is issued.
Market value The cost of replacing the car with another of the same make, specification, model, age,
mileage and condition as the car immediately before the loss or damage happened.
Partner our husband, wife, civil partner or a person living with you at the same address on a
Y
permanent basis sharing financial responsibilities, as if you were married to them. This
does not include business partners, unless you also have a relationship with them as
described in the first sentence.
Period of insurance The length of time for which the insurer will insure you. This is shown in the Schedule
of Insurance.
Policy The documents consisting of this wording, the Statement of Insurance, the Schedule
of Insurance, the Certificate of Motor Insurance identified by the same policy number.
Regular driver The person named as such in your Schedule of Insurance who you told us is the
person who drives the car the most often.
Risk address The address where the car is normally kept overnight.
Road Traffic Acts Any Acts, Laws or Regulations which govern the driving or use of any motor vehicle.
In the United Kingdom this is the Road Traffic Act 1988 and any subsequent
amendments thereto or successors thereof.
Schedule of Insurance The latest Schedule of Insurance the insurer has issued to you. This forms part of the
contract of insurance. It gives details of the period of insurance, the sections of the
policy which apply, the premium, the car which is insured and details of any excesses.
Statement of Insurance The form that shows the information that you gave us, including information given on
your behalf and verbal information you gave prior to commencement of the policy.
Territorial limits Great Britain, Northern Ireland, the Isle of Man, The Channel Islands including transit by
sea, air or land within and between these places.
Terrorism Any act that the government of the United Kingdom considers to be an act of
terrorism. The use of or threat of action, force or violence by any person or group of
people acting alone or on behalf of any organisation or government. This could be for
political, religious, ideological or similar reasons. This includes trying to influence any
government or intimidate the public.
The car(s) The vehicle specified in the Certificate of Motor Insurance by registration number.
Third party Any person who makes a claim against anyone insured under this policy.
Unattended When you or any passenger is not inside the car.
We/Us/Our BISL Limited.
You/Your/Policyholder The person named as the policyholder on your Schedule of Insurance.
Young driver A person under 25 at the time of an event which you or they may be entitled to claim for.
4Motor policy
wording
B Policy cover
Your Schedule of Insurance shows the level of cover you have chosen. The cover and policy sections applicable
are shown below.
Section name Cover applicable
Comprehensive Third party fire Third party only
and theft
Section 1 – Liability to others 3 3 3
Section 2 – Damage to the car 3
Section 3 – Fire and theft 3 3
Section 4 – Glass damage 3
Section 5 – Personal belongings 3
Section 6 – Medical expenses 3
Section 7 – Personal accident benefits 3
Section 8 – Replacement locks 3
Section 9 – Child car seat cover 3
Section 10 – Uninsured driver promise 3
Section 11 – Emergency transport and accommodation 3
Section 12 – Travelling abroad 3 3 3
Section 13 – No claims discount 3 3 3
Section 14 – No claims discount protection If applicable If applicable If applicable
Section 15 – Cancellation 3 3 3
Section 16 – General policy exclusions 3 3 3
Section 17 – General policy conditions 3 3 3
C Important customer information the manufacturer’s original specification (including
You must tell us straight away if anything changes to but not limited to: optional fit extras, alloy wheels,
the information you provided as per the statement suspension, bodywork, engine, audio, video and
of insurance. The changes include the following and satellite navigation equipment).
if you do not tell us about these changes, this may • You want to add or remove a driver.
result in increased premiums, refusal of a claim or • There is a change in the regular driver of the car.
your policy being cancelled. This list is not exhaustive • There is a change in the purpose the car is used for.
and if you are unsure about whether to tell us about • There is a change in estimated annual mileage.
something please call us on 0344 412 2157 to check: • Anyone who drives the car passes their driving test
or has their driving licence revoked.
• You sell the car, change the car or its registration • Anyone who drives the car gets a motoring
number, or you get another car. conviction or has a prosecution pending (including
• You change your address or change the risk address. fixed penalty offences).
• The car is modified or changed in any way from • Anyone who drives the car changes occupation,
5Motor policy
wording
starts a new job (including any part-time work) or • If you do not have comprehensive cover, you can
stops work. still call the claims department but you will have to
• Anyone who drives the car develops a health pay the cost of the replacement or repair.
condition, which requires notification to the DVLA, How to notify us of a claim
or an existing condition worsens. You can find
To report a claim or for claims enquiries call our
additional information in the driving and transport
claims line on 0344 412 2160. We will ask you a
section of www.gov.uk or pick up leaflet D100 from
number of questions over the phone so please make
the Post Office.
sure you have the following information when you call:
• The car is involved in an accident or fire, or someone
• Date, time and description of the incident.
steals, damages or tries to break into it.
• Details of any third party involved including name,
• Anyone who drives the car is involved in any
address, vehicle registration, the name of their
accident or has a vehicle damaged or stolen.
insurance company and their policy number.
• Anyone who drives the car had insurance refused,
• Name and address of any witnesses.
cancelled or had special conditions applied.
• If the police were in attendance, the incident
• The car is taken abroad for more than 90 days or
reference number.
outside the European Union.
We will usually be able to take all the information
Please note that any amendments to your policy may
to allow the insurer to handle your claim efficiently
result in a change to your premium and policy terms,
within one phone call. However we or your insurer
including your excess.
may need to contact you again to check certain
aspects of your claim or in certain circumstances
D Making a claim require that you complete a claim form.
We must be notified as soon as possible of any
accident or loss involving the car or any other E Contract of insurance
incidents which may lead to a claim by you or by a
This document gives details of your cover and
third party.
it should be read along with your Statement of
What to do if you have an accident Insurance, Schedule of Insurance and Certificate of
In the unfortunate event that you are involved in an Motor Insurance.
accident, please take the following simple steps; Please take time to read through these documents
• Don’t leave the accident scene. which contain important information about the details
• Call the police if anyone is injured. you have given. You should also show your policy to
anyone else who is covered under it.
• Obtain the details of all witnesses.
For this contract to be valid, it’s important that you
• Note the details of the third party, including name,
check the information you have provided and notify
address, vehicle registration number, the name of
us immediately of any changes to these details.
their insurance company and their policy number.
Failure to disclose correct and complete information
• Take pictures of the accident scene with your mobile to the best of your knowledge may result in increased
phone. premiums, refusal of a claim or your policy being
• Sketch a rough diagram of the accident scene. cancelled. You are required to update us with any
• Do not admit liability, seek settlement or offer to changes to your information.
negotiate. In return for your premium, the insurer will provide
• Report the accident to us as soon as possible on the cover shown in your policy for accident, injury,
0344 412 2160. loss or damage that happens within the territorial
limits during the period of insurance.
What to do if your car is subject to a theft,
attempted theft or malicious damage The parties to this contract are you and the insurer.
Nothing in this contract shall create any rights to third
• Call the police and obtain a crime reference number.
parties under the Contracts (Rights of Third parties)
• Report the incident to us as soon as possible on Act 1999 and no variation of this contract, nor any
0344 412 2160. supplemental or ancillary agreement, shall create any
What to do if your car windscreen or window such rights unless expressly stated. This does not
glass is broken or damaged affect any right or remedy of a third party which exists
• If you have comprehensive cover and your claim is or is available apart from this Act.
for the car windscreen, side or rear windows, or the Financial Services Compensation Scheme
sunroof, please contact our claims department on If the insurer cannot meet its liabilities, you may be
0330 018 3236. Claims under this section will not entitled to compensation from the Financial Services
affect your no claims discount. If the glass has to be Compensation Scheme (FSCS). Claims for compulsory
replaced the glass excess shown on your Schedule insurance, such as third party motor insurance, are
of Insurance will be payable. covered in full.
6Motor policy
wording
Any claims made to the FSCS for non-compulsory and subject to the insurer’s prior agreement, the
(optional) insurance, such as damage to the insured insurer will pay for the following at your request:
car, and for any unused premium, are covered up to • Solicitors’ fees for representation at any coroner’s
90% of the value of the claim submitted. You can inquest, fatal accident inquiry or magistrates court
get more information from the Financial Services (including a court of equal status in any country
Compensation Scheme at www.fscs.org.uk or by within the territorial limits).
calling 020 7741 4100. • Legal costs for defending a charge of manslaughter
The law applicable to this policy or causing death by dangerous or careless driving.
English Law will apply to this contract of insurance • Any other costs and expenses for which the insurer
unless agreed otherwise. has given prior agreement.
We will provide the terms and conditions of this If anyone who is covered by this section dies while
policy for the period of insurance, and any they are involved in legal action, the insurer will give
subsequent communication between us, whether the same cover as they had to their legal personal
verbal or written in the English language. representatives.
Emergency treatment
1 Liability to others The insurer will pay for the cost of any emergency
What is covered under this section treatment or hospital treatment which you incur
The insurer will pay amounts including claimant’s under the UK Road Traffic Acts for injuries arising
costs that you are legally liable to pay for: out of any accident involving any car which this policy
• the death of or bodily injury to any person caused covers. If this is the only payment made, it will not
by an incident involving the car; and affect your no claim discount.
• damage to someone else’s property caused by Towing
an incident involving the car up to a maximum of The cover under this section of the policy is extended
£20,000,000 (including all legal and other expenses) to you while any vehicle covered by this policy is
for any one claim or number of claims arising from towing a trailer, trailer-caravan or broken down car. The
one cause. cover will apply as long as:
Driving other cars extension • the towing is allowed by law; and
The cover under this section of the policy is extended • the trailer, trailer-caravan or broken down car is
to the specific driver noted in the Certificate of attached properly by towing equipment made for
Motor Insurance as having the benefit of this this purpose; and
extension when driving other cars not owned by, or • the trailer, trailer-caravan or broken down car is not
registered to, or hired, rented or leased to the specific being towed for hire or reward.
driver, their business partner or their employer, or is
being kept or used in connection with their employer’s Cover for other users of your car
business. The insurer will provide the same cover, other than
This extended cover only applies if: the Driving other cars extension for liability to third
parties to:
• this extension is shown on your Certificate of
Motor Insurance; and • Anyone travelling in, or getting into or out of the
car.
• there is no other insurance in force that covers the
same claim; and • Any person using the car, with your permission, to
tow any single trailer, trailer-caravan or broken down
• there is a current and valid Certificate of Motor
car while it is attached to the car and if allowed by
Insurance held for the other car in accordance with
law, provided it is not being towed for hire or reward.
Road Traffic Acts; and
• Anyone driving the car with your permission, as
• the other car has not been seized by, or on behalf of,
long as your Certificate of Motor Insurance shows
any government or public authority; and
that they are allowed to drive the car. The person
• the driver has the owners permission to drive the driving must not be excluded by any endorsement,
other car; and exception or condition.
• the other car is registered within the territorial • Anyone using (but not driving) the car with your
limits; and permission for social domestic and pleasure
• the other car is not being used outside the purposes.
territorial limits; and • The employer or business partner of you or your
• you still have the car and it has not been stolen and partner (if covered under this policy) should they
not recovered; or damaged beyond cost effective become legally liable as a result of the use of the
repair. car by you or your partner in the course of their
Legal costs business or employment, providing that such use is
covered by the Certificate of Motor Insurance. This
In the event of an accident covered by this section
does not apply if:
7Motor policy
wording
o The car belongs to or is hired by such for the protection, removal and storage of the car and
employer or business partner. delivery after repair to your risk address.
o The insured is a corporate body or firm. The insurer may use warranted replacement parts
or recycled parts which are not supplied by the
What is not covered under section 1
manufacturer of the car but will be of a similar
The insurer will not pay for; standard. If suitable replacement parts are not available
• Any amount the insurer has not agreed to in writing. the insurer will pay the manufacturer’s last list price.
• Any loss of or damage to property which belongs The insurer will not pay more than the market value
to, or is in the charge of, any person who is claiming of the car at the time of the loss unless the new car
cover under this policy. benefit applies.
• Any loss of or damage to any vehicle, trailer, trailer-
caravan or disabled vehicle covered by this policy. New car benefit
The insurer will replace the car with one of the same
• Any liability for death or injury to any employee in
make, model and specification if;
the course of their employment by anyone insured
by this policy if the employer is covered by an • the loss or damage happens within twelve months
employers liability policy except as required by any from the date the car was first registered; and
compulsory Road Traffic Acts. • you, or your partner, are the first and only
• Death or injury to any person being carried in or on registered keeper of the car (or the second
or getting in or out of the trailer or trailer-caravan registered keeper if the first registered keeper is the
you tow. manufacturer or supplying dealer and the delivery
mileage is under 250 miles); and
• Any liability incurred while the trailer, trailer-caravan
or broken down car you tow is not attached. • you, or your partner, have owned the car (or it has
been hired to you, or your partner, under a hire
• Any loss of or damage to property being carried in or on
purchase or leasing agreement) since it was first
the trailer, trailer-caravan or broken down car you tow.
registered as new (or you are the second owner if
• Any claim for pollution or contamination, unless it the first owner is the manufacturer or supplying
is caused by a sudden identifiable event which was dealer and the delivery mileage is under 250 miles);
unintended and unexpected and happened at one and
specific time and place.
• the cost of repair is valued at more than 60% of the
• Cover will not apply to any person claiming under cost of buying an identical new car at the time of
this section who can claim under another policy. the loss or damage (based on the United Kingdom
• Any amount over £1.2 million, for any one pollution list price); and
or contamination event. • the car was supplied as new from within the
territorial limits.
2 Damage to the car In these circumstances, if you ask the insurer to, they
What is covered under this section will replace the car (and pay reasonable delivery
This section provides you with cover for loss or charges) with a new car of the same make, model and
damage to the car and its accessories caused by specification.
accidental or malicious damage, or vandalism. The insurer can only do this if a replacement car is
The insurer will decide either to; available in the territorial limits and anyone else who
• repair the damage themselves; or has an interest in the car agrees.
• pay to have the damage repaired; or If a replacement car of the same make, model and
• pay to replace what is lost or damaged if this is more specification is not available, the insurer will, where
cost effective than repairing it; or possible, provide a similar car of identical list price.
• pay you an amount equal to the loss or damage. If this is not acceptable to you, the insurer will not pay
more than the market value of the car at the time
If to the insurer’s knowledge the car is the subject of
of the loss.
a hire purchase or leasing agreement, the insurer may,
in the event of the car’s total loss or destruction, pay Car audio, navigation and entertainment
the hire purchase or leasing company directly for the equipment
loss or damage to the vehicle. The insurer will also cover the cost of replacing
If the insurer’s estimate of the market value is more or repairing the car’s audio, navigation and
than the amount owed any balance will be paid to entertainment equipment up to the following
you. If the insurer’s estimate of the market value is amounts:
less than the amount owed you may have to pay the • unlimited for equipment fitted as original equipment
outstanding balance. by the manufacturer; or
By purchasing this policy you agree that the insurer • £500 for any other equipment not fitted by the
can handle your claim in this way. manufacturer, provided it is permanently fitted to
The insurer will also arrange and pay reasonable costs the car.
8Motor policy
wording
Recommended repairer and a crime reference number obtained.
If the damage to the car is covered under your policy • The insurer will not pay for any losses that are not
and it is repaired by a recommended repairer, you directly associated with the incident that caused you
do not need to obtain any estimates and repairs can to claim, unless expressly stated in this policy.
begin immediately after the insurer has authorised • Loss or damage deliberately caused by any person
them. The insurer will arrange for one of their entitled to be covered under this policy or any
repairers to contact you to arrange to collect the car. person acting on their behalf.
Repairs made by the insurer’s recommended repairers • Loss or damage resulting from incorrectly
are guaranteed for three years. maintaining or fuelling the car or from the use of
At your request, you can arrange for a repairer of your substandard fuel, lubricants or parts.
choice to carry out the repairs. You must send the • Loss of or damage to the car caused by a person
insurer at least two detailed repair estimates as soon as known to you taking the car without your
reasonably possible. The insurer will only be liable for permission, unless that person is reported to the
the repair costs at a non-recommended repairer if the police for taking the car without your permission.
insurer has agreed that the costs are reasonable and
• Costs resulting from loss of use of the car.
the insurer has issued an authorisation to the repairer.
• Any reduction in the market value of the car
The insurer may need to inspect the car.
following repair.
The insurer reserves the right to ask you to obtain
• Any part of the cost of repair or replacement which
alternative estimates and the insurer may not pay
improves the car or its accessories beyond its
you more than their recommended repairer would
condition immediately before the loss or damage
have charged them for the repair of the car.
occurred.
Courtesy cars • Loss or damage to any trailer, caravan or disabled motor
This policy also covers loss or damage to any vehicle, or their contents, being towed by the car.
courtesy car the insurer’s recommended repairer • Loss or damage from taking the car and returning it
provides to you while any damage to the car is being to the legal owner.
repaired. The provision of a courtesy car is subject • Loss or damage to in car audio, television, DVD,
to availability and the recommended repairers terms phone, games console, or electronic navigation,
and conditions. In addition, the terms, conditions unless these items are permanently fitted to the car.
and excesses of your policy remain in force for the
• Loss or damage caused by wear and tear or
courtesy car.
depreciation.
If the provision of a courtesy car is available, the
• Loss or damage caused by any mechanical,
insurer’s recommended repairer will not be obliged to
electrical, electronic computer or computer software
arrange a replacement vehicle any larger than a small
failures, breakdowns, faults or breakages.
hatchback, typically with a 1 liter engine capacity. If
you wish to upgrade to any other vehicle, the cost of • Loss or damage arising directly or indirectly from
the upgrade will be your responsibility. water freezing in the cooling system of the car.
• Damage caused by the process of cleaning,
What is not covered under section 2 modification, repairing or restoring or by any
• Loss of or damage to the car caused by fire, theft or gradually operating cause.
attempted theft. • Damage to tyres caused by braking, punctures, cuts
• The total excess shown in your Schedule of or bursts not as a direct result of an accident.
Insurance. You must pay these amounts for every • Any storage charges unless you tell the insurer
incident that you claim for under this section. about them and unless the insurer agrees in writing
• The additional excesses shown in the Schedule of to pay for them.
Insurance, if the car is damaged while it is being • Any increase in damage as a result of the car being
driven by a young driver or inexperienced driver. moved under its own power following an incident.
• Loss of keys, keyless entry system devices, tapes, • Costs of importing parts or accessories or
compact and mini discs, DVDs and other portable storage costs caused by delays, where the parts or
media storage devices. accessories are not available from current stock
• Loss or damage caused to the car, if at the time of within the territorial limits.
the incident, it was under the custody or control of • Any amount over the cost shown in the
anyone with your permission who is not covered manufacturer’s latest price guide for any lost or
under this policy. damaged parts or accessories if such parts or
• Loss or damage to the car and/or its contents as a accessories are not available.
result of someone taking it by fraud or trickery while • Loss or damage resulting from confiscation,
pretending to be a buyer. nationalisation, requisition or destruction by or
• Loss or damage to the car caused by malicious under the order of any government or public or
damage unless this has been reported to the police legal authority.
9Motor policy
wording
3 Fire and theft ask the insurer to, they will replace the car (and
pay reasonable delivery charges) with a new car of
What is covered under this section the same make, model and specification.
This section provides you with cover for loss or The insurer can only do this if a replacement car
damage to the car and its accessories caused by is available in the territorial limits and anyone
fire, theft or attempted theft. else who has an interest in the car agrees. If a
The insurer will decide either to; replacement car of the same make, model and
• pay to have the damage repaired; or specification is not available, the insurer will, where
• pay to replace what is lost or damaged if this is possible, provide a similar car of identical list price.
more cost effective than repairing it; or If this is not acceptable to you, the insurer will not
• pay you an amount equal to the loss or damage. pay more than the market value of the car at the
If to the insurer’s knowledge the car is the subject time of the loss.
of a hire purchase or leasing agreement, the Car audio, navigation and entertainment
insurer may, in the event of the car’s total loss equipment
or destruction, pay the hire purchase or leasing The insurer will also cover the cost of replacing
company in the first instance. or repairing the car’s audio, navigation and
If the insurer’s estimate of the market value is entertainment equipment up to the following
more than the amount owed any balance will be amounts:
paid to you. If the insurer’s estimate of the market • unlimited for equipment fitted as original
value is less than the amount owed you may have equipment by the manufacturer;
to pay the outstanding balance.
or
By purchasing this policy you agree that the
• £500 for any other equipment not fitted by the
insurer can handle your claim in this way.
manufacturer, provided it is permanently fitted to
The insurer will also arrange and pay reasonable the car.
costs for the protection, removal and storage of the
car and delivery after repair to your risk address. Recommended repairer
The insurer may use warranted replacement parts If the damage to the car is covered under your
or recycled parts which are not supplied by the policy and it is repaired by a recommended
manufacturer of the car but will be of a similar repairer, you do not need to obtain any estimates
standard. If suitable replacement parts are not available and repairs can begin immediately after the insurer
the insurer will pay the manufacturer’s last list price. has authorised them. The insurer will arrange for
The insurer will not pay more than the market one of their repairers to contact you to arrange
value of the car at the time of the loss unless the to collect the car. Repairs made by the insurer’s
new car benefit applies. recommended repairers are guaranteed for three
years.
New car benefit At your request, you can arrange for a repairer
The insurer will replace the car with one of the of your choice to carry out the repairs. You must
same make, model and specification if; send the insurer at least two detailed repair
• the loss or damage happens within twelve months estimates as soon as reasonably possible. The
from the date the car was first registered; and insurer will only be liable for the repair costs at
• you, or your partner, are the first and only a non-recommended repairer if the insurer has
registered keeper of the car (or the second agreed that the costs are reasonable and the
registered keeper if the first registered keeper insurer has issued an authorisation to the repairer.
is the manufacturer or supplying dealer and the The insurer may need to inspect the car.
delivery mileage is under 250 miles); and The insurer reserves the right to ask you to obtain
• you, or your partner, have owned the car (or it alternative estimates and the insurer may not pay
has been hired to you, or your partner, under a you more than their recommended repairer would
hire purchase or leasing agreement) since it was have charged them for the repair of the car.
first registered as new (or you are the second
owner if the first owner is the manufacturer or What is not covered under section 3
supplying dealer and the delivery mileage is • The total excess shown in your Schedule of
under 250 miles); and Insurance.
• the cost of repair is valued at more than 60% of • Loss or damage caused by theft or attempted
the cost of buying an identical new car at the theft if the keys or lock transmitter or entry card
time of the loss or damage (based on the United from the keyless entry system are left in or on the
Kingdom list price); and car while it is left unattended.
• the car was supplied as new from within the • Loss of keys, keyless entry system devices, tapes,
territorial limits. In these circumstances, if you compact and mini discs, DVD’s and other portable
media storage devices.
10Motor policy
wording
• Loss or damage caused by theft or attempted gradually operating cause.
theft if the car is left unattended without • Damage to tyres caused by braking, punctures,
being properly locked and/or if any window, roof cuts or bursts not as a direct result of an accident.
opening, removable roof panel or hood is left • Any storage charges unless you tell the insurer
open or unlocked. about them and the insurer agrees in writing to
• Loss or damage if any security or tracking device, pay for them.
which the insurer has insisted is fitted to the car, • Any increase in damage as a result of the car
has not been set or is not in full working order. being moved under its own power following an
• Loss or damage caused to the car, if at the incident.
time of the incident, it was under the custody or • Costs of importing parts or accessories or
control of anyone with your permission who is storage costs caused by delays, where the parts
not covered under this policy. or accessories are not available from current
• Loss or damage to the car and/or its contents as stock within the territorial limits.
a result of someone taking it by fraud or trickery • Any amount over the cost shown in the
while pretending to be a buyer. manufacturer’s latest price guide for any lost or
• Loss of or damage to the car by theft, attempted damaged parts or accessories if such parts or
theft unless this has been reported to the police accessories are not available.
and a crime reference number obtained. • Loss or damage resulting from confiscation,
• The insurer will not pay for any losses that are nationalisation, requisition or destruction by or
not directly associated with the incident that under the order of any government or public or
caused you to claim, unless expressly stated in legal authority.
this policy.
• Loss or damage deliberately caused by any 4 Glass damage
person entitled to be covered under this policy or What is covered under this section
any person acting on their behalf.
If the glass in the front windscreen, side, rear
• Loss or damage resulting from incorrectly windows, or sunroof of the car is damaged during
maintaining or fuelling the car or from the use of the period of insurance the insurer will pay the
substandard fuel, lubricants or parts. cost of repairing or replacing it. The insurer will
• Loss of or damage to the car caused by a person also pay for any repair to the bodywork of the car
known to you taking the car without your that has been damaged by broken glass from the
permission, unless that person is reported to the windscreen or windows. Windscreen recalibration
police for taking the car without your permission. costs are covered under this section when using an
• Costs resulting from loss of use of the car. approved repairer, subject to glass provider terms
• Any reduction in the market value of the car and conditions.
following repair. If the repair or replacement is carried out by one
• Any part of the cost of repair or replacement of our approved suppliers, cover is unlimited. (To
which improves the car or its accessories beyond contact one of our approved suppliers please
its condition immediately before the loss or refer to the ‘Making a claim section’ of this
damage occurred. policy.)
• Loss or damage to any trailer, caravan or disabled If you choose to use your own supplier, then cover
motor vehicle, or their contents, being towed by will be limited to £150 less any excess.
the car. A claim under this section only will not affect your
• Loss or damage from taking the car and returning no claims discount.
it to the legal owner.
What is not covered under section 4
• Loss or damage to in car audio, television, DVD,
• The glass excess shown in your Schedule of
phone, games console, or electronic navigation,
Insurance, unless the glass is repaired and not
unless these items are permanently fitted to the
replaced in which case no excess applies.
car.
• Loss of use of the car.
• Loss or damage caused by wear and tear or
depreciation. • Damaged or broken glass in panoramic glass
roofs.
• Loss or damage caused by any mechanical,
electrical, electronic computer or computer • Repair or replacement of the hood/roof structure
software failures, breakdowns, faults or breakages. of a convertible or cabriolet vehicle.
• Loss or damage arising directly or indirectly from • Repair or replacement of any glass that is part of
water freezing in the cooling system of the car. a removable or folding convertible roof.
• Damage caused by the process of cleaning, • Repair or replacement of any windscreen or
modification, repairing or restoring or by any window not made of glass.
11Motor policy
wording
• The cost of importing parts or storage costs of death or injury is an accident involving a car
caused by delays where the parts are not available and the death or loss happens within 3 calendar
from stock within the territorial limits. months of the accident.
• Loss or damage deliberately caused by any What is not covered under section 7
person entitled to be covered under this policy or
• More than £10,000 per incident.
any person acting on their behalf.
• Death or injury to any person not wearing a seat
5 Personal belongings belt when required to by law.
• Any intentional self injury, suicide or attempted
What is covered under this section suicide.
The insurer will pay up to a maximum of £200 for
• Any injury or death arising wholly or in part
personal belongings not permanently fitted to
from any natural or inherent disease or medical
the car, which are lost or damaged following an
condition.
accident, fire, theft or attempted theft involving
the car. • Any injury or death to any person driving at
the time of the accident who is found to have a
An additional £300 per incident in respect of items
higher level of alcohol or drugs in their body than
bought from M&S within 24 hours of the loss or
is allowed by law.
damage occurring, subject to production of a
receipt confirming the items bought, their cost and • If you or your partner has any other car
the date and time of purchase. insurance policy with the insurer, they will only
pay the benefit under one policy.
What is not covered under section 5
• Loss or damage caused by wear and tear or 8 Replacement locks
depreciation. What is covered under this section
• Loss of, theft of or damage to property from If the keys or other ignition activation device to the
an open or convertible car, unless the personal car or the lock transmitter are stolen the insurer
belongings were left in a locked boot or locked will pay up to a maximum of £500 under this
glove compartment. section towards the cost of replacing:
• Loss or damage if the car is left unattended • The door locks and/or boot lock.
without being properly locked and/or if any
• Ignition/steering lock.
window, roof opening, removable roof panel or
hood is left open or unlocked. • The keys or ignition activation device or the lock
transmitter and central locking interface.
• Money, credit or debit cards, stamps, tickets,
vouchers, documents and securities. • The reasonable cost of protecting the car,
transporting it to the nearest repairers when
• Goods or samples carried in connection with any
necessary and delivering it after repair to your
trade or business.
address.
• Loss of, or damage to, any radar detection equipment.
Provided it can be established that the identity or
• Loss of, or damage to, telephone or other the risk address of the car is likely to be known to
communication equipment. any person in receipt of such items.
6 Medical expenses What is not covered under section 8
• The first £100 of any claim.
What is covered under this section
If you or anyone in the car is injured in an accident • Any claim where the keys, lock activation device
involving the car, the insurer will pay up to £500 in or the lock transmitter and central locking
medical expenses for each injured person. interface are either:
o Left in or on the car at the time of the loss;
7 Personal accident benefits or
o Taken without your permission by a person
What is covered under this section
known to you, unless that person is reported
If you or your partner are accidently killed or
to the police.
permanently injured while getting in, travelling in or
getting out of the car (or any other private car that 9 Child car seat cover
you do not own), the insurer will pay the following;
If you have a child seat fitted in your car and
• For death – £10,000 your car is involved in an accident or damaged
• For the total and irrecoverable loss of sight in one following a fire or theft, your insurer will contribute
or both eyes – £10,000 up to £150 per child seat towards the cost of a
• For the permanent loss of use of one or more replacement even if there is no apparent damage,
limbs above the wrist or ankle – £10,000 subject to you making a claim on this insurance
The insurer will only pay these amounts if the cause policy.
12Motor policy
wording
10 Uninsured driver promise The insurer may agree to extend the cover for
If the driver of your car is involved in an accident more than 90 days as long as:
caused by an uninsured motorist your insurer will • the car is taxed and registered within the
refund the cost of any excess you have had to pay. territorial limits; and
You must provide: • your main permanent home is within the
• the vehicle registration and the make/model of territorial limits; and
the car; and • your visit abroad is only temporary; and
• the driver’s details. • you tell us before you leave; and
Where the accident is not your fault and the driver • you pay any additional premium we ask for.
is uninsured, you will not lose your no claims If you want to extend your policy to give the same
discount. cover in a country outside the countries referred to
above, you must:
11 Emergency transport and • tell us before you leave; and
accommodation • get the insurer’s written agreement to cover you
in the countries involved; and
What is covered under this section
If you are not able to drive your car as a result of • pay any additional premium we ask for.
an accident which is covered under section 2 of If the insurer agrees to your request, the insurer
this policy, your insurer will pay you up to £100 will issue you with an International Motor Insurance
per person in respect of: Card (Green Card) as legal evidence of this cover.
• alternative travel expenses for you and all The insurer will also pay customs duty if the car is
occupants of your car to reach your destination; damaged and the insurer decides not to return it
and/or after a valid claim on the policy.
• emergency overnight accommodation for you Cover also applies while the car is being carried
and all occupants of your car when an unplanned between sea or air ports or railway stations within
overnight stay is necessary. these countries, as long as this travel is by a
You are required to pay for the accommodation recognised sea, air or rail route.
and/or travelling expenses yourself and forward What is not covered under section 12
receipts to your insurer to reimburse you. If your Certificate of Motor Insurance allows a
What is not covered under section 11 specific driver to drive any other vehicle, that cover
• More than £250 per incident. does not apply outside of the territorial limits.
• Reimbursement for the purchase of any drinks, 13 No claims discount (NCD)
meals, clothing, toiletries, newspapers or
For further details, please refer to the Welcome
telephone calls.
Letter.
• Coverage outside the territorial limits of your
policy. 14 No claims discount protection
For further details, please refer to the Welcome
12 Travelling abroad Letter.
What is covered under this section
The insurer will cover your legal liability to others 15 Cancellation
while you or any driver covered by this policy are How to cancel your policy
using the car within the European Union and any You must contact us if you wish to cancel your
other country which has agreed to follow Article policy. Our contact details are on the reverse of
7(2) of the EU Directive on Insurance of Civil your Certificate of Motor Insurance.
Liabilities arising from the use of motor vehicles
We will cancel your policy either from the date
(number 72/166/EEC).
you contact us, or from any later date you specify.
You do not need an International Motor Insurance The policy cannot be cancelled from an earlier date
Card (Green Card) for visits to these countries as than when you contact us.
the legal evidence of this cover is shown on the
In all cases the Certificate of Motor Insurance
reverse of your Certificate of Motor Insurance.
must be returned to us. Not doing so is an offence
Further information on the countries that follow under the Road Traffic Act 1988. If you have
the above EU Directive can be found by visiting lost your Certificate of Motor Insurance, we will
www.mib.org.uk. ask you to complete a Statutory Lost Certificate
The insurer will also provide the cover shown on Declaration to confirm this.
your Schedule of Insurance for up to 90 days in If you are paying your premiums by instalments,
any period of insurance while you are using the you must still pay us any balance of premium due.
car within the countries referred to above. Cancelling any Direct Debit instruction does not
13Motor policy
wording
mean you have cancelled the policy. You will still • driven by or in the charge of any person not
need to follow the instructions above. covered by your Certificate of Motor Insurance;
In the event of cancellation, a cancellation fee as or
shown in the Additional Important Information • used other than for the purposes allowed on your
document, will apply. Certificate of Motor Insurance; or
Cancellation by you within the first 14 days • Driven by or in the charge of any person that, at
the time of the accident is:
If you cancel your policy within 14 days of the date
you receive your policy documents we, on receipt 1
. Convicted of driving while under the influence
of your Certificate of Motor Insurance, will refund of alcohol or drugs, whether prescribed or
a percentage of the premium calculated on a daily otherwise
pro-rata basis equivalent to the period of cover left 2
. Fails to provide a sample of breath, blood or
unused, unless you have made a total loss claim in urine when required to do so, without lawful
which case no refund of premium will be given and reason
all premiums would be due. • We have the right to recover from you any
amounts which we pay before such conviction or
Cancellation by you after the first 14 days
which we are required to pay by law.
If you cancel this policy after the 14 day period, we,
on receipt of your Certificate of Motor Insurance,
will refund a percentage of the premium calculated on This exception does not apply if the car is;
a daily pro-rata basis equivalent to the period of cover • being serviced or repaired by a member of the
left unused providing no claims have been made. If a motor trade; or
claim has been made, or there has been an incident • stolen or being taken away without your
which may lead to a claim, no refund of premium will permission; or
be given and all premiums would be due. • being parked by an employee of a hotel or
Where we cancel your policy restaurant as part of a car parking service.
We may cancel your policy, if there are serious Track days and off road events
grounds to do so such as non-payment, failure to Any liability, loss or damage resulting from the use
supply requested validation documentation (proof of the car at any event during which the car may
of No Claims Discount, Security etc) or you have be driven on a motor racing track, airfield or at an
provided us with incorrect information and you off road event.
have failed to provide a remedy when requested.
Use on airfields
Where we cancel we will provide seven days’ prior
The insurer will not pay claims arising directly or
written notice to your last known address unless
indirectly from any car being in a place used for the
we are required to cancel earlier. If we cancel your
take-off, landing, parking or movement of aircraft,
policy you will be required to return the Certificate
including the associated service roads, refuelling
of Motor Insurance to us. We, on receipt of your
areas, ground equipment parking areas and the
Certificate of Motor Insurance, will refund a
parts of passenger terminals of international
percentage of the premium calculated on a daily
airports which come with the Customs examination
pro-rata basis equivalent to the period of cover left
area or any part of airport premises to which the
unused, providing no claims have been made. If a
public does not have access to drive their vehicle.
claim has been made, or there has been an incident
which may lead to a claim, no refund of premium Pollution
will be given and all premiums would be due. Any accident, injury, damage, loss or liability
If we cancel your policy on the grounds of fraud, caused by pollution or contamination, unless the
cancellation may be immediate and we may keep pollution or contamination is caused by a sudden,
any premium you have paid. We may also inform identifiable, unexpected and accidental incident
the police of the circumstances. which happens during the period of insurance.
16 General policy exclusions Earthquake
Any loss or damage caused by earthquakes and
You are not covered under your policy for any of
the result of earthquakes.
the following;
Contracts Pressure waves
Any loss or damage caused by pressure waves
Any claim as a result of an agreement or contract
from aircraft or aerial devices travelling at sonic or
unless it is one the insurer would have been liable
supersonic speeds.
for anyway.
Who uses the car Riot
Any loss or damage caused by riot, civil commotion
Any injury, loss or damage which takes place while
occurring outside Great Britain, the Isle of Man or
the car is being:
14Motor policy
wording
the Channel Islands. This exception does not apply Accidents and claims
to Section 1 – Liability to others. You must notify us as soon as reasonably possible if
you or any driver become aware of any accident or
Radioactivity
loss involving the car or of any other incident which
Any loss or damage caused by, contributed to or
may lead to a claim by you or by a third party.
arising from;
If you or any driver receive any notice of
• ionising radiation or radioactive contamination
prosecution, inquest or fatal accident enquiry or
from any fuel or waste; or
you or any driver are sent a claim form from a court
• the radioactive, toxic, explosive or other or a letter, you or any driver must send it to the
hazardous properties of any explosive nuclear insurer, unanswered, as soon as reasonably possible.
assembly or nuclear component or of any nuclear
You must ensure that the police are notified within
fuel or any nuclear waste.
48 hours of you or any driver becoming aware of
Terrorism any incident involving theft, attempted theft, or
Any loss or damage including accidental damage malicious damage and a crime reference number is
caused by or arising from terrorism unless the obtained.
insurer has to provide cover under any Road You or anyone who drives the car must not admit
Traffic Acts. liability for, offer, negotiate or seek settlement of
any claim without our written permission.
War
You or anyone who drives the car must take
Any loss or damage caused directly or indirectly by
reasonable steps to minimise the loss if an incident
war, invasion, act of enemy hostilities (whether war
which gives rise to a claim occurs.
is declared or not), civil war, rebellion, revolution,
insurrection or military or usurped power other than The insurer is entitled under this policy to;
to meet the requirements of the Road Traffic Acts. • Take over and conduct the defence and
settlement of any claim in your name or in the
17 General policy conditions name of any other person insured by your policy.
The insurer will only give you the cover described • Instigate proceedings at their own expense and
in this policy document provided that you and all for their own benefit but in your name or in the
other drivers comply with the conditions set out name of any other person insured by your policy
below and that the information that you gave us to recover any payment that they have made
regarding the car and all insured drivers is true and under your policy.
complete as far as you know. • Recover from you the amount of any claim that
Taking care of your car they are required to settle by law which the
insurer would not otherwise have paid under this
You and all other drivers must ensure that:
policy.
• The car is kept in a roadworthy condition.
• Pay the legal owner of the car in the event of a
• The car has a current MOT certificate if applicable.
loss.
• All reasonable steps are taken to ensure the car
• Require proof of ownership and value of the
has been protected against loss or damage.
insured property in the event of a loss.
The insurer may examine the car at any time.
You or any person who makes a claim under
Your duty to provide accurate information your policy must give the insurer all reasonable
You must have answered truthfully all questions assistance and information in relation to any claim
relating to your details; those of the car and of all made under your policy.
named drivers on your policy that we asked when Fraud
your policy started. You must also have truthfully
You must not act in a fraudulent manner. You, any
agreed to all statements that we listed in the
authorised driver, or any person acting for you
Statement of Insurance relating to your policy
must not make false or exaggerated claims. If you,
when it started.
any authorised driver, or anyone acting for you
You must notify us as soon as reasonably possible makes a claim knowing any part of it to be false
if any of your details change. or exaggerated, the insurer will not pay the claim
It’s important that you check the information and the insurer will cancel your policy. The insurer
you have provided and notify us immediately of shall be entitled to recover from you the amount
any changes to these details. Failure to disclose of any claim already paid under the policy during
correct and complete information to the best of the period of insurance.
your knowledge may result in increased premiums, If the insurer cancels your policy on the grounds
refusal of a claim or your policy being cancelled. of fraudulent activity, they will keep any premium
Please refer to Important customer information you have paid and may inform the police of the
section for further details. circumstances.
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