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Misfueling insurance policy wording

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MOT Test, Alloy Wheel & Misfuelling Policy
 


This Policy has been arranged by Driver Guardian Limited and Motorplus Limited and is underwritten by UK Underwriting Limited on behalf of: Ageas Insurance Limited, Registered in England No. 354568. Registered Office: Ageas House, Tollgate, Eastleigh, Hampshire, SO53 3YA.
 


Driver guardian Limited, registered in England No. 7560710. Registered Office: Guardian House, Marshside, Merseyside, PR9 9YF. Motorplus Limited, Driver Guardian Limited, Qdos Broker & Underwriting Services Limited, UK Underwriting Limited and Ageas Insurance Limited are authorised and regulated by the Financial Services Authority. This can be checked on the FSA’s register by visiting the FSA’s website at www.fsa.gov.uk/register or by contacting them on  0845 606 1234  .
 


Subject to the appropriate premium having been paid We agree to cover You as set out in this Policy. Unless expressly stated nothing in this Policy will create rights pursuant to the Contract (Rights of Third Parties) Act
 
1999.
 


Definitions
 
The words or expressions detailed below have the following meaning wherever they appear in this policy:
 
Accidental Damage
 
A sudden and unforeseen event that has resulted in damage to your alloy wheels.
 
Administrator
 
Motorplus Limited trading as MotorPlus and ULR, Kircam House, Whiffler Road, Norwich NR3 2AL and/or Qdos Broker & Underwriting Services Limited, Qdos Court, Rossendale Road, Earl Shilton, Leicestershire LE9 7LY.
 
Alloy Wheels(s)
 
The alloy wheels that are of original specification to the vehicle that were present on the vehicle at the time you purchased the vehicle.
 
Approved Repairer
 
A firm or trader appointed by the administrator.
 
Claim Limit
 
The maximum amount payable under the MOT Test section of your policy is £750.00 (inc Vat). The first £10.00 of any claim will form the basis of a claims excess payable by the insured.
 
The maximum amount payable under the alloy wheel section of your policy is £1,000 (inc Vat) in any one period of insurance.
 
The maximum amount payable under the mis-fuelling section of your policy is £2,500.00 (inc Vat)
 
ICME
 
The Institute of Chartered Mechanical Engineers.
 
Insured / You / Your
 
The Registered Keeper of the vehicle.
 
Insurer / We / Our
 
UK Underwriting Limited on behalf of Ageas Insurance Limited. UK Underwriting Ltd are an insurers’ agent and in the matters of a claim act on behalf of the insurer.
 
Mis-fuelling / Wrong Fuel / Mis-fuel
 
The introduction of the wrong accelerant (fuel) including Diesel BSEN 590, Unleaded BSEN 228 or Super Unleaded BS7800 (but NOT including bio-diesel, Leaded fuel (4 Star), Urine, red diesel or ethanol) into fuelling system due to human error.
 
MOT Certificate
 
The MOT Certificate (VT20) issued by the MOT test station.
 
MOT Test
 
The vehicle assessment supervised by the Vehicle and Operator Services Agency on behalf of the Secretary of State for Transport.
 
MOT Test Station
 
The garage or other business which has been authorised by the Vehicle & Operator Services Agency to offer an MOT Testing service on behalf of the Secretary of State for Transport.
 
Notification of refusal to issue an MOT Certificate
 
Notice of refusal to issue an MOT Certificate (VT30) issued by the MOT Test station should the vehicle fail to meet the requirements of the MOT Test.
 
Period of Insurance
 
The duration of the motor insurance policy to which this Policy is annexed or 12 calendar months, whichever is the lesser.
 
Territorial Limits
 
England, Scotland, Northern Ireland, Wales, Isle of Man and the Channel Islands.
 
Vehicle
 
The motor vehicle specified in the certificate of motor insurance to which this Policy is annexed.
 
Wear and Tear
 
The gradual deterioration associated with normal use and age of the vehicle and its components. Worn Out
 
To have reached the end of effective working life because of age and/or usage.
 
What is Covered
 
MOT Cover
 
Within the period of insurance where a VT30 (MOT failure certificate) is issued in respect of the vehicle listing one or more of the item(s) specified below as the reason for not issuing a VT20 (MOT Test Certificate), we will pay the cost of repair or replacement (as necessary) subject to the claim limit providing that:
 
a) b)
 
c)
 
a claim is made in the period between 30 days prior to and 30 days after the date the MOT Test is due; and any replacement or repair is authorised in advance by the administrator and carried out by an approved repairer; and you must submit the VT20, VT30 and repair invoice when available.
 


LIST OF FAULTS COVERED (subject to the claim limit):
 

Lighting Equipment - Headlamps, front and rear side lamps, number plate illumination lamp, headlamp aim, stop lamps, rear reflectors, rear fog lamps, hazard warning lamps and control, direction indicator control, fog lamp on/off indicator. Steering and Suspension - Steering control, steering mechanism and system, power steering, transmission shafts, wheel bearings, front and rear suspension and shock absorbers, suspension drag link, track rod ends, suspension springs, wishbones, swivel joints, suspension mountings, sub frame.
 
Brakes - Master cylinder, wheel cylinders, calipers, load compensator, ABS modulator/sensors, electronic control unit, hoses / cables. Seats and Seatbelts - The condition and operation of all seats, seatbelts, pre-tensioners and seatbelt mountings. General - Carburettor, fuel injection, engine management unit or sensor replacement directly as a result of calibration failure to meet MOT exhaust emission standards, horn, speedometer, and speed limiter, windscreen wipers and washers, (excluding wiper blades and rubbers). NB. Tuning and adjustments only if necessary to meet MOT exhaust gas emission standards.
 
Alloy Wheel Cover
 
Within the period of insurance, we will pay for the cost of repairs (subject to the claim limit) resulting from accidental damage which has occurred within the territorial limits to your alloy wheels. Claims will be handled by the administrator and the repairs will be carried by our approved repairer, who will make all efforts to affect the repair to your satisfaction.
 
Mis-fuelling Cover
 
Within the period of insurance we will pay all costs (subject to the claim limit)associated with fitting parts affected by mis-fuelling as specified by individual manufacturers.
 

How to make a Claim
 
Should it be necessary to make a claim the following procedure MUST be adhered to.
 
1 To make a claim, Telephone  0800 157 7273 . No work of any description is carried out on the vehicle without the express authorisation of the administrator. Costs for any other work started or completed before authorisation has been given will be your responsibility and will automatically invalidate any claim under this Policy.
 


2You must pay the costs of dismantling and repairing the vehicle if the cause of the breakdown is not covered by this Policy and, if it is covered, all costs which exceed the claim limit. You are responsible for paying for any other work which you ask the repairer to carry out.
 


3For claims relating to the MOT cover, the MOT Test Station which conducts the MOT Test and issues a VT30 will need to provide the following documents in order to process a claim: a) a copy of the previous MOT certificate;b)  and a copy of the Notification of refusal to issue an MOT Certificate.
 
VAT: Where you are VAT Registered, the VAT element will not form part of your claim.
 


Exclusions
 
1.     The Insurer shall not be liable for any claims arising thereby or indirectly caused or contributed by or in consequence of a loss:
 
a)     of “Aftermarket” or non-original wheels, Diamond (laser) cut rims, wheels with split rim construction or with chrome effect finishes (alloy wheel cover);
 
b)     to vehicle that normally uses Bio-diesel, ethanol, red diesel, autogas or non standard fuel (mis-fuelling cover); c)     arising from accident damage or adjustments or tuning, nor for the fee payable either for the MOT Test or for any
 
retest (MOT cover).
 
d)     occurring during the warranty or guarantee period of any manufacturer, or where faults have developed during such period prior to the commencement of the period of insurance (provided they were evident at that time) and which have not been completely rectified;
 
e)     resulting from any modification to the vehicle or the substitution of components by nonstandard components or equipment not approved by the manufacturer of the vehicle;
 
f)     if the mileometer has been altered or disconnected or inoperative resulting in the mis-representation of the vehicle’s actual mileage;
 
g)     caused by or arising from:
 
(i)     routine servicing maintenance or repair of the vehicle or from negligence, abuse or willful damage; (ii)     the subjecting of the vehicle to a load greater than that permitted by the manufacturer’s recommendations; (iii)     fire, self-ignition, lightning, earthquake, explosion, frost, storm, tempest, flood, water damage, theft or attempted
 
theft, aircraft or other aerial devices or articles dropped there from or any extreme cause;
 
iv)     any road traffic accident or collision
 
h)     relating to taxis, self drive hire, driving schools, commercial vehicles, or vans with a carrying capacity exceeding 3500kg, or to vehicles used in any sort of competitions, rallies, pace making or off road use;
 
i)     involving components subject to recall or repair or replacement by the manufacturer or attributable to a manufacturer’s design defect;
 
j)     directly or indirectly caused by or arising out of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power, riot, civil commotion, strikes, lockout, confiscation or detention by customs or other officials or authorities, malicious intent or vandalism;
 
k)     directly or indirectly caused by or contributed to by or arising from: (i)     nuclear radiation or contamination by radioactivity from any irradiated nuclear fuel or from any nuclear waste from
 
the combustion of nuclear fuel;
 
(ii)     the radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof;
 
l)     occasioned by pressure waves caused by aircraft or other aerial devices traveling at sonic or supersonic speeds; m)     caused by or arising from antifreeze, hydraulic fluids, grease or oils (other than those falling within the definition of
 
mis-fuelling); n)     arising during routine servicing or repair; o)     arising from any contractual liability;
 
p)     relating to any vehicle owned by a garage or its associated businesses or by the proprietor of such garage or associated businesses, or by an employee or relative of such proprietor, or component breakage occurring whilst the vehicle is in the custody or control of such persons.
 
q)     involving death, bodily injury or loss of or damage to property other than the insured components or loss of use or any consequential loss of whatsoever nature;
 
r)     arising from non-compliance with the conditions relating to the servicing of the vehicle;
 
s)     involving any of the following vehicle types: all American, Australian and Canadian vehicles (unless built for the UK market), Stretched limousines, Aston Martin, Bentley, BMW ‘M’ series, Bristol, Bugatti, Caterham, Daimler 12 cylinder models, De Tomaso, Electric or hybrid powered vehicles, Ferrari, Ford Cosworth models, Hummers, Jaguars exceeding 4000cc, Kit cars, Lamborghini, Lancia Delta Integrale/8.32 Models, LCC Rocket, Lotus, LPG powered vehicles, Marcos, Maserati, McLaren F1, Mitsubishi 3000 GT, Morgan, Nissan 300ZX/Skyline, Noble M10, Panther, Porsche, Rolls Royce, Rotary engine vehicles, Subaru SVX / Impreza WRX, TVR, Venturi, Westfield. Service vehicles (police ambulance etc), vehicles used for hire & reward, taxis, vehicles, or vans with a carrying capacity exceeding 3500kg, or to vehicles used in any sort of competitions, rallies, pace making or off-road use;
 
t)     involving structural damage, rust or corrosion, windscreen replacement or repair;
 
u)     arising from fair wear and tear to items such as (but not limited to) tyres, brake disks and brake pads.
 
2.     Components other than those specifically listed in the “What is covered” section of this Policy (MOT cover).
 
3.     Components which are not cited as failed on the VT30, but which are replaced during the course of the repair (MOT cover).
 
4.     Advisory items noted on the VT30 (MOT cover). 5.     The first £10 of any claim in respect of the MOT cover.
 

Insurance Conditions
 
1     The Parties are free to choose the law applicable to this Policy. In the absence of any specific agreement, this policy shall be governed by and construed in accordance with the Law of England and Wales unless the Insured’s habitual residence (in the case of an individual) or central administration and/or place of establishment is located in Scotland in which case the Law of Scotland shall apply.
 
2     It is a condition precedent to any liability under this policy that the vehicle shall be free of any pre existing faults at the time of issue of the Policy.
 
3     During the period of insurance the insurer will repair or replace those parts listed by the approved repairer for the cost of parts and labour (the labour reimbursement is subject to the agreed approved repairer labour rate) up to the maximum amount specified in this Policy. It is expressly stipulated that within the claim limit, all labour times are in accordance with the current ICME Manual.
 
4     The insurer reserves the right to take over and carry out the pursuit, defence or settlement of any claim after a payment has been made under this Policy. Legal action may be taken in the name of the insured to recover payment made under this Policy from a third party or their insurer.
 
5     The insured shall take all reasonable steps to prevent loss or damage to the vehicle and shall observe the terms of this Policy.
 
6     In the event of any occurrence giving rise to a claim, the insured must follow the procedure under “How to make a Claim”.
 
7     If at the occurrence of a claim there exists any other insurance which would entitle the insured to indemnity then this policy shall only contribute its ratable proportion of such loss.
 
8     Where dismantling of the vehicle or a covered component is necessary to determine the validity of a claim, the insured must authorise any dismantling. Costs incurred will only be met as part of a valid claim.
 
9     The insurer and/or administrator may cancel this policy by giving 14 days notice by recorded delivery to the last known address of the insured.
 
10     If the Policy is canceled by the insured outside of the cooling off period for whatever reason there will be no refund of premium.
 
11     Repairs under this Policy can only be carried out by the approved repairer. 12     The administrator reserves the right to specify the use of guaranteed exchange or factored parts. The parts liability
 
for any claim will be limited to the cost of these components.
 
13     All benefits under this Policy shall be forfeited and the insurer and administrator shall be released from all obligations to you if the conditions and ‘How to Claim’ procedures are not complied with OR a claim made by you or anyone acting on your behalf to obtain a policy benefit is fraudulent or intentionally exaggerated or if a false declaration or statement is made in support of a claim under this Policy.
 
14     You must not continue to drive the vehicle after any damage or incident if it reasonable that this could cause further damage to your alloy wheel(s). In such circumstances the damaged alloy wheel should be removed and replaced with a serviceable spare or arrangements made to have the vehicle recovered.
 
15     If the insurer accepts that there is a claim under this Policy but there is a disagreement in respect of the amount to be paid, the disagreement will be referred to an Arbitrator appointed in accordance with current statutory provisions. In these circumstances the Arbitrator’s award must be made before there is any right of action against the insurer.
 
16     The Terms and Conditions and application details will be read as one contract. A word or expression to which a specific meaning has been attached will keep the same meaning wherever it appears unless specifically stated otherwise. A particular word or phrase, which is not defined, will have its ordinary meaning.
 
17     Non-Disclosure, Misrepresentation or Misdescription - this policy is voidable if you or anyone acting for you fails to disclose, misrepresents or misdescribes any material fact. If the insurer voids this Policy they will void it in its entirety and no cover will apply.
 
18     In respect of MOT cover, at the commencement of insurance the vehicle must have at least 90 days of its current MOT remaining, or in the case of a vehicle under 3 years old, be more than 90 days from the date on which its first MOT Test is due.
 
19     It is a condition precedent to any liability under this Policy that the vehicle shall be free of any pre-existing faults at the time of issue of the Policy and that it shall be serviced in accordance with the Manufacturer’s recommended service intervals by a garage registered for VAT. A maximum allowance of 21 days or 500 miles (whichever is less) shall be permitted as a run-over on the due date of service intervals.
 
20     The insurer reserves the right to subject the vehicle and or failed component to expert assessment.
 


Complaints
 
It is the intention to give you the best possible service but if you do have any questions or concerns about this insurance or the handling of a claim you should in the first instance contact:
 
The Chief Executive Officer
 
Qdos Broker & Underwriting Services Limited Qdos Court Rossendale Road Earl Shilton
 
Leicestershire LE9 7LY Tel:      01455 850000  Fax:     01455 841000
 
Please ensure your policy number is quoted in all correspondence to assist a quick and efficient response. In the event you remain dissatisfied and wish to make a complaint, you can do so by contacting the following:
 
The Customer Relations Manager
 
UK General Cast House Old Mill Business Park Gibraltar Island Road Leeds LS10 1RJ
 
Tel:      0845 218 2685  Email: customerrelations@ukgeneral.co.uk
 
If it is not possible to reach an agreement, you have the right to make an appeal to the Financial Ombudsman Service. This also applies if you are insured in a business capacity and have an annual turnover of less than €2 million and fewer than ten staff. You may contact the Financial Ombudsman Service at:
 
The Financial Ombudsman Service,
 
South Quay Plaza, 183 Marsh Wall, Docklands, London,
 
E14 9SR. Tel:      0845 080 1800
 
The above complaints procedure is in addition to your statutory rights. For further information about your statutory rights contact your local authority Trading Standards Service or Citizens Advice Bureau.
 


Cancelation
 
We hope you are happy with the cover this policy provides. However, if after reading this Policy, this insurance does not meet with your requirements, return it to your insurance broker within 14 days of issue and we will refund your premium. If you cancel outside this period, or have made a claim on the Policy, no premium will be refunded.
 
The insurer shall not be bound to accept renewal of any Policy and may at any time cancel any insurance document by sending 14 days notice to the insured at their last known address. Provided the premium has been paid in full the insured shall be entitled to a proportionate rebate of premium in respect of the unexpired period showing on the insurance.
 


Compensation Scheme
 
Ageas Insurance Limited is covered by the Financial Services Compensation Scheme. You may be entitled to compensation from the scheme in the unlikely event that Ageas Insurance Limited cannot meet their financial responsibilities. The FSCS will meet 90% of your claim, without any upper limit. You can obtain further information about compensation scheme arrangements from the FSCS at www.fscs.org.uk, or by phoning  0207 892 7300  .
 


Data Protection Act 1998
 
Please note that any information provided to Motorplus Limited, Qdos Broker & Underwriting Services Limited, UK Underwriting Limited and/or Ageas Insurance Limited will be processed in compliance with the provisions of the Data Protection Act 1998.
 
Motorplus Limited is authorised and regulated by the Financial Services Authority. Regulated by the Ministry Of Justice in respect of regulated claims management activities.

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