Section A Liability to other people
Conditions which apply to sections B, C and D
Exceptions which apply to Sections B, C and D
Section H CLAS - Claims Legal Assistance Service
Exceptions which apply to CLAS
Conditions which apply to CLAS
Replacement Car following a Claim
General exceptions which apply to all Sections
General conditions which apply to all Sections
Statement of Demands and Needs
Your Consumer Credit Agreement
Your Policy is made up of:
Any advice, leaflets or similar literature You receive about this insurance do not form part of your Policy.
Please read your Policy carefully and keep it in a safe place. If You do not feel that this Policy meets Your requirements, please send it back to Us straight away. If it is returned to Us within 14 days of receipt We will refund the premium in full provided no claims have been made during that time. The full annual premium will be due if a claim has been made during that period.
The contract of insurance
Your Policy is proof of the contract between You and Us. It is based on the information given by or for You when You applied for this insurance. This information is shown on the Proposal Confirmation. You promise the information You have given Us is true as far as You know.
In return for You paying and Our accepting your premium, We will provide insurance cover under the Terms of this Policy during the Period of Cover shown in the Schedule.
How to read Your Policy
This Policy must be read as a whole. The general exceptions and general conditions appearing on pages 17-20 apply to each Section of this Policy.
Governing law
You and We can choose the law which applies to this contract. Unless You and We agree otherwise, English Law will apply.
Your cover
Your Schedule indicates which Sections of this Policy booklet apply to You.
If you have any questions
If you have any questions about your Policy, please call Us on the number shown on your Schedule.
Wherever the following words or expressions appear in your Policy or Schedule, they will have the meaning given here unless We say different.
Approved Repairer A repairer approved by Us and authorised to repair your Car following a claim under Section B or Section C of this Policy.
Car Any private motor vehicle insured under this Policy and described in the Certificate of Motor Insurance. In Sections B (Damage to your Car) and C (Fire and Theft), the term "Car" also includes its accessories and spare parts, whether they are on or in the vehicle, or in Your private garage.
Certificate of Motor Insurance This document provides evidence that You have taken out the insurance You must have by law. It identifies who can drive your Car and the purposes for which your Car can be used. It also says whether You have cover under Section A (Liability to other people) while driving any other car.
Excess The amount You must pay towards any claim.
Market Value The value of your Car in line with the Market Value for vehicles of a similar age and condition at the time of the accident or loss.
Period of Cover The period You are insured for on the Car Policy Schedule.
Policy The Policy booklet, Schedule, Proposal Confirmation and Certificate of Motor Insurance.
Proposal Confirmation The document recording the statements made and information provided by or for You when You applied for cover.
Schedule The document which identifies the policyholder and sets out details of the cover your Policy provides.
Terms All Terms, exceptions, conditions and limitations which apply to the Policy.
Trailer Any form of Trailer which has been specially built to be towed by a car.
We, Us, Our, The Company Churchill Insurance Company Limited.
You, Your The person named as the policyholder in the Schedule.
1a) Cover for You
We will cover You for your legal responsibility if You have an accident in your Car and:
This cover also applies to any accident involving a Trailer or broken down motor vehicle which You are towing.
1b) Driving other cars
If your Certificate of Motor Insurance says so, this Policy provides the same cover as "1a Cover for You" when You are driving any other car as long as it is not a car owned by You or hired to You under a hire purchase or leasing agreement. This cover only applies if:
2)
Cover for other peopleWe will also provide the cover under Section 1a for:
3) Legal costs
If any person has an accident that is covered under this Policy, We will pay:
4) Emergency medical treatment
We will pay for emergency treatment fees as set out in the Road Traffic Acts.
5) Our right to get back what We have paid
If, under the law of any country, We have to make a payment which We would not otherwise have paid under this Policy, You must repay the amount of that payment.
What is not covered
What is covered
If your Car is lost or damaged, We will:
We will decide how We settle Your claim.
What is not covered
The most We will pay
We will not pay more than the Market Value of the Car at the time of the loss or the amount your Car is insured for (less the Excess), whichever is less.
What is covered
If Your Car is lost or damaged as a result of theft, attempted theft, fire, lightning, or explosion, We will:
We will decide how We settle your claim.
New car cover
If Your Car is less than one year old and You have been the first and only registered owner, We will replace it with one of the same make and model if it has:
We can only do this if a replacement car is available in the UK and anyone else who has an interest in the Car agrees. If a suitable replacement car is not available, We will settle the claim by one of the methods shown above. If We settle a claim under this clause, the lost or damaged Car becomes Our property.
What is not covered
The most We will pay
We will not pay more than the Market Value of the Car at the time of loss or the amount Your Car is insured for (less the Excess), whichever is less.
What is covered
We will pay:
Claims under this Section will not affect Your No Claim Discount.
What is not covered
The most We will pay
Up to the limit stated in the Schedule for each incident, unless the repair or replacement is carried out by one of the recommended glass specialists shown at the bottom of the Certificate of Motor Insurance. We will not pay more than the Market Value of the Car at the time of the loss or the amount your Car is insured for (less the Excess), whichever is less.
1) Hire purchase, leasing and other agreements
If We know that the Car is owned by someone other than You, We will settle any claim, including the making of any payment, with the legal owner first, before making any payment to You.
2) Parts which are not available
If any part or accessory is not available, the most We will pay for that part will be the cost shown in the manufacturer's last United Kingdom price list (plus the reasonable fitting costs).
3) Removal and delivery
If Your Car cannot be driven as a result of loss or damage covered under this Policy, We will pay the reasonable cost of taking it to the nearest suitable repairer. We will also pay the reasonable cost of delivering the Car to You at the address shown in the Schedule after it has been repaired. We may ask You to put Your Car in safe storage, which We will find for You, before it is repaired, sold or taken for scrap. We will pay the reasonable cost of storage.
4) Total loss of your Car
If your Car is written off, We will take any part of the full premium You owe from any payment We give You. When We have done this, We will have met all Our responsibilities to You under the Policy and the Car will become Our property. All cover will then end unless We agree differently. We will not refund any of Your premium.
5) Non-Manufacturers parts
If Your Car is three years old or more, We may decide to repair it with parts which have not been made by the Car's manufacturer, but are of a similar standard.
What is not covered
Personal accident benefits
If You or Your husband or wife are accidentally injured while travelling in or getting into or out of any car, and this injury alone results within three calendar months in:
We will pay the injured person or their legal representatives the benefit amount shown in the Schedule. We will not pay more than one benefit amount in any Period of Cover.
What is not covered
1) Medical Expenses
If the Car is in an accident, We will pay medical expenses up to the amount shown in the Schedule for each person injured.
2) Hotel expenses
If Your Car cannot be driven after an accident or loss covered under Section B of this Policy, We will pay up to the amount stated in the Schedule for the driver, or twice this amount in total for all the people in the Car, towards the cost of hotel expenses for a necessary overnight stop.
3) New car cover
If Your Car is less than one year old and You have been the first and only registered owner, We will replace it with one of the same make and model if it has:
We can only do this if a replacement car is available in the UK and anyone else who has an interest in the Car agrees. If a suitable replacement car is not available, We will settle the claim by one of the methods shown in Section B. If We settle a claim under this clause, the lost or damaged Car becomes Our property.
4) Clothing and personal belongings
We will pay for loss of, or damage to, clothing and personal belongings caused by fire, theft, attempted theft or accident, while they are in or on Your Car. We will not pay more than the amount shown in the Schedule for any one incident. If You ask Us to pay someone else, We will have no further responsibility to You once We have done so.
What is not covered
Loss of or damage to:
1) Territorial limits and using your Car abroad
This Policy provides the cover described in Your Schedule in Great Britain, Northern Ireland, the Isle of Man and the Channel Islands and during sea journeys between these places. It also provides the minimum cover You need by law to use your Car in:
2) Policy cover abroad
The territorial limits of the Policy are automatically extended to include any member country of the European Union, Switzerland, Croatia, F.Y.R.O.M and Norway. Your Car will also be covered while being carried by a recognised carrier between any countries to which the insurance applies provided that the journey does not take longer than 65 hours under normal conditions. Cover in these countries is conditional upon your main permanent residence being in the United Kingdom and the visit being of less than 90 days.
3) Customs duty
If You have to pay customs duty on Your Car in any of the countries shown in Section G2 Policy cover abroad because of loss or damage covered under the Policy, We will pay these costs for You.
4) Spanish guarantee or deposit (bail bond)
If You have an accident in Spain, the Spanish authorities may confiscate your Car, keep the driver for questioning and ask for a deposit or a guarantee before they will release them. If this happens, We will provide this deposit or guarantee up to the amount shown in the bail bond. You or the driver must then do all that You can to help Us get back the deposit or cancel the guarantee as soon as possible afterwards. If We lose all or part of the guarantee or deposit or it is taken to pay the fines or costs, You must repay Us the amount We have lost immediately.
This cover only applies if the Schedule states this Section is in force.
Our promise to You
We agree to cover You under the Terms of this Section, as long as You have paid the premium.
Definitions which apply to CLAS
The following words will have the meanings shown next to them.
Costs The professional fees and expenses reasonably and properly charged by the lawyer, up to the standard rates set by the courts, Your opponent's costs which You are ordered to pay by a court or tribunal, and other costs We agree to in writing.
Expert witness A professional witness who will go to court and give evidence on specialist technical issues during a trial.
Lawyer The solicitor, barrister or expert appointed under this Section to represent You.
Car Policy Your Nationwide car insurance Policy underwritten by Churchill Insurance Company Limited.
Period of Cover The period You are insured for on the Car Policy Schedule.
Proceedings Prosecuting any civil, tribunal or arbitration proceedings or defending any appeals which arise from them.
Territorial limits Great Britain, Northern Ireland, the Isle of Man, the Channel Islands, any country which is a member of the European Union and any country which the Commission of the European Community approves as meeting the requirements of Article 7(2) of the European Community Directive on Insurance of Civil Liabilities arising from the use of motor vehicles (No. 72/166/EEC).
Uninsured losses Losses which You cannot recover from any insurance Policy.
We, Us, Our Churchill Insurance Company Limited.
You, Your Any person named in the Car Policy Schedule as being authorised to drive or use, or a passenger in Your Car.
Your Car The Car described in Your current Certificate of Motor Insurance.
We will cover the following:
Costs for recovering uninsured losses which arise directly from any road traffic accident involving:
This cover only applies if:
The most We will pay for any claim or claims arising from any one accident will be the limit stated in the Schedule.
You are not covered for any of the following:
1) Costs You have paid or will have to pay before We have accepted the claim.
2) Any claim arising out of an agreement or contract between You and anyone else.
3) A claim for an event which is not covered under Your current Car Policy.
4) Costs involved in disputes between You and Us.
5) Costs covered by any other insurance Policy or which You can get back from any other source.
6) Costs involved in a legal appeal unless We have given Our written acceptance before the appeal began.
7) Any costs where We do not think that the person You are claiming from has the money to pay any costs awarded by a judgement.
8) Costs You have paid or will have to pay after You withdraw instructions from the lawyer or if You withdraw from legal proceedings.
9) Any payments You make to the lawyer or anyone else without Our permission.
10) Any costs to do with claims directly or indirectly caused or contributed to by:
11) Claims arising from:
12) Any claim:
13) Any claim arising from:
14) Costs, damages, interest, fines or other penalties You are ordered to pay by a criminal court.
15) Any claim directly or indirectly caused by or resulting from any equipment (whoever owns it) failing to recognise, interpret or deal with the date change to the year 2000 or any other date.
If You do not keep to these conditions, We may cancel this insurance and refuse to deal with any claim.
1) You must do the following:
2) The lawyer must do the following
3) We will not do the following
4) We can do the following
We will let You know Our reasons and We will not have to pay further costs.
If You disagree with Our decision the dispute must be settled according to condition 8 of this CLAS cover.
5) Your right to choose the lawyer
If You need to take legal action to recover your uninsured losses, or if there is a dispute, You can choose a lawyer or ask Us to do this for You. You must give Us the lawyer's name and address so We can approve them before You give them any instructions. When You choose a lawyer, You must keep the cost of any claim or proceedings as low as possible. The lawyer must always be appointed in Your name and on Your behalf. Nothing in this Policy will affect Our right to appoint a lawyer for You according to the conditions of your motor Policy. (If there is a dispute about your choice of lawyer We will refer it to arbitration according to condition 8 of this CLAS cover.)
6) Withdrawing from the claim
We will not provide any cover under this insurance. You must then repay any costs We have paid or will have to pay during the course of the claim. This includes any costs We have to pay as a result of You withdrawing from the claim.
7) Cancellation
We can cancel this insurance by sending You seven days' written notice to Your last known address. You can cancel this insurance by giving Us seven days' written notice. In any event, We will not refund Your premium for any unexpired cover under this Section. If the insurance is cancelled, it will not affect Your rights to any claim which happened while the Policy was in force.
8) Disputes
If You and We have a dispute over this insurance, it will be referred to an arbitrator We both agree on. If We cannot agree on an arbitrator within 21 days, the President of the Law Society or the Bar Council will appoint one. The person who loses the arbitration will pay the costs. If the arbitrator cannot decide against You or Us, the arbitrator will decide how We will share the costs.
9) Governing law
You and We can choose the law which applies to this contract. Unless We agree otherwise English law will apply.
10) Parties to this contract
This contract is between You and Us. No-one else has any rights they can enforce under this contract except those they have by law.
If You do not claim during the Period of Cover, We will reduce your renewal premium in line with Our scale applicable at the renewal date. Details are available on request.
The following will not affect Your No Claim Discount:
Following a claim under Section B or Section C, if Your Car is repaired by an Approved Repairer, they will provide You with a car whilst Your own is being repaired. The replacement car is intended to keep You mobile during the course of repairs and is not intended to be like for like in terms of size, type, value or status.
Approved Repairers are situated in most parts of the UK. Replacement cars are provided subject to availability and cannot be guaranteed.
Your Policy will cover You to drive a replacement car supplied to You by an Approved Repairer following a claim under Section B or Section C. This cover extends to all persons named on your Certificate of Motor Insurance and is restricted to the use, Limitations and Exclusions stated.
The cover provided in respect of a replacement car is subject to the Terms, conditions and exceptions as described in your Policy booklet and Schedule. If the cover provided under this Policy is Third Party Fire and Theft, the cover provided for the replacement car will be Comprehensive and You will be responsible for the first £150 of any claim under Section B of the Policy.
You are not covered for any of the following.
1) Who uses the Car
Any injury, loss or damage which takes place while the Car is being:
This exception does not apply if the Car is:
2) Contracts
Any claim as a result of an agreement or contract unless We would have been responsible anyway.
3) Radioactivity
Any loss or damage to property or any direct or indirect loss, expense or liability caused or contributed to by:
4) War
Any loss or damage caused by war, invasion, revolution or a similar event unless We have to provide cover under the Road Traffic Acts.
5) Riot
Any loss or damage caused by riot or civil commotion outside Great Britain, the Isle of Man or the Channel Islands. This exception does not apply to Section A of this Policy.
6) Earthquake
Any loss or damage caused by earthquakes and the results of earthquakes.
7) Use on airfield
Legal liability caused by using a car on any part of an aerodrome, airport, airfield, or military base where aircraft go.
8) Pollution
Any accident, injury, damage, loss or liability caused by pollution or contamination, unless the pollution or contamination is caused by a sudden, identifiable, unexpected and accidental incident which happens during the Period of Cover.
1) Your duty
We will only provide the cover set out in the Policy if You keep to all the Terms and conditions of the Policy.
2) Accidents and losses
You must tell Us as soon as reasonably possible of any incident which may lead to a claim under this Policy. If You receive any notice of prosecution, inquest or fatal accident enquiry or You are sent a writ, summons, claim or letter, You must send it to Us, unanswered, as soon as possible.
3) Claims procedure
You must not admit liability for or negotiate to settle any claim without Our written permission. We may take over, defend or settle the claim, or take up any claim in your name for Our own benefit. You must give Us all the information and help We need.
4) Other insurance
If You have other insurance which covers the same loss, damage or liability, We will not pay more than Our share of Your claim. This does not apply to personal accident benefit (see Section E).5) Settling disagreements
If We have agreed to a claim but there is a disagreement over the amount to be paid, the problem must be decided by an arbitrator who You and We can both accept. You cannot take legal action against Us until the arbitrator has decided on the amount We should pay.
6) Taking care of your Car
You must:
7) Car Sharing
Your Policy covers You for carrying passengers for social or similar purposes in return for payment. But it does not cover You if:
8) Changes which may affect your cover
You must tell Us as soon as possible if any of the following happens.
We may then re-assess your cover and premium. If You do not tell Us about any relevant changes, We may:
Policy amendments resulting in a change in risk are subject to an amendment charge.
9) Fraud
You or any person acting for You must not make false claims.
If You or anyone acting for You makes a claim knowing any part of it to be false, We will not pay the claim and We will cancel your Policy.
10) Suspending Your cover
You may suspend this Policy by returning the effective Certificate of Motor Insurance to Us with written notice. We will hold the premium until cover is reinstated or until the Policy expiry date shown in the Schedule. Then We will return part of your premium in accordance with Our cancellation rates shown in the Schedule, as long as:
Note: You must continue to pay Your instalments while cover is suspended.
11) Cancelling your Policy
We can cancel this Policy by sending You seven days' notice in writing to Your last known address. You can cancel Your Policy by giving Us seven days' notice. After You or We cancel Your Policy, We will refund Your premium as follows.
After You or We cancel Your Policy, You must meet the legal requirement to return the Certificate of Motor Insurance or, if You have lost the Certificate of Motor Insurance, the Statutory Declaration.
12) If You miss a payment
If You are paying Your premium in instalments and You miss a payment, We will cancel Your cover. We will give You seven days' notice before We do this.
13) If You have not paid your premium
We may take any unpaid premiums from any claim payment We make to You.
14) Parties to this contract
This contract is between You and Us. No-one else has any rights they can enforce under this contract except those they have under road traffic law.
15) Automatic Renewal
This Policy may be automatically renewed by Us on the renewal date. If We intend to automatically renew, We will notify You of Our intention prior to expiry together with details of the renewal premium. If You do not wish to renew this Policy You should inform Us prior to the renewal date.
We aim to provide You with outstanding customer service at all times. However, there may be times when You feel that We have not done so. If this is the case, We would rather be told about it so that We can do Our best to solve the problem.
Should there ever be an occasion when You need to complain, please call us on Our priority number 0845 605 9140. If Your complaint relates to a claim, please contact Your claims handler whose details will be shown in Your claims documentation.
If You wish to write, then address Your letter as follows:
If We cannot resolve the differences between Us, You may refer Your complaint to the Financial Ombudsman Service (FOS). Their address is: South Quay Plaza, 183 Marsh Wall, London E14 9SR, telephone 0845 080 1800.
Churchill Insurance Company Limited is authorised and regulated by the Financial Services Authority. The Financial Services Authority website which includes a register of all regulated firms can be visited at www.fsa.gov.uk/register, or the Financial Services Authority can be contacted on 0845 606 1234.
Under the Financial Services and Markets Act 2000, should The Company be unable to meet all its liabilities to policyholders, compensation may be available. Information can be obtained on request, or by visiting the Financial Services Compensation Scheme website at www.fscs.org.uk
We have not provided You with a personal recommendation as to whether this policy is suitable for Your specific needs.
This product meets the demands and needs of those who wish to ensure that their vehicle is covered.
Your right to cancel Your Consumer Credit Agreement
If You have chosen to pay by instalments You may cancel the Consumer Credit Agreement within 14 days of receipt. If You would like to cancel the Consumer Credit Agreement, please call Us on 0845 605 9140 or write to Us at the address shown on Your documents. We will refund any premium paid in full provided that no claim has been made. If a claim has been made then We will deduct any remaining and unpaid premium from the settlement amount.
If You do not cancel the Consumer Credit Agreement, You must continue to pay the instalments for Your Policy otherwise We will cancel Your cover and terminate the Consumer Credit Agreement.
Please note that if You cancel Your Consumer Credit Agreement within 14 days, You have the option to continue cover under Your Policy as long as You pay the full premium. Otherwise, cover under Your Policy will also be cancelled.
Other Important Information about Your Consumer Credit Agreement
If You have a complaint relating to Your Consumer Credit Agreement You should refer to the "How to make a Complaint" section in Your policy booklet.
You may terminate Your Consumer Credit Agreement at any time. However, if You wish cover to continue under the Policy then the outstanding balance must be settled in full.
We may terminate Your Consumer Credit Agreement if You fail to pay any instalment by the due date. For full details see Your Consumer Credit Agreement.
Churchill Insurance Company Limited is the underwriter of Your Policy and provides credit to You in order that You may pay Your policy premiums in instalments.
It is possible that other taxes or costs not imposed by Us or paid through Us may apply to Your Consumer Credit Agreement.
English law will apply to Your Consumer Credit Agreement and it is subject to the jurisdiction of the English courts. We have supplied Your Consumer Credit Agreement and other information in English and We will continue to communicate with You in English.
Nationwide car insurance is underwritten by Churchill Insurance Company Ltd, Churchill Court, Westmoreland Road, Bromley, Kent, BR1 1DP.
Registered in England No. 2258947. Subject to underwriting criteria.
Nationwide Building Society, Nationwide House, Pipers Way, Swindon, SN38 1NW.
Churchill Insurance Company Limited and Nationwide Building Society are authorised and regulated by the Financial Services Authority. Calls may be recorded.