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In association with
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1Hagerty classic car
Policy wording
Page title
Claims 24-hour helpline (UK only)
For all motor related claims enquiries
Claims 24-hour helpline (when calling from abroad)
+44 1925 422 794
For all motor related claims enquiries
Hagerty customer services
(UK)
+44 1327 810 600 (when calling from abroad)
For general enquiries and complaints
For training and quality purposes, telephone
calls may be monitored or recorded.
0333 323 1242
0333 323 1243
97044831.indd 2 18/06/2015 06:06
1
Guide to sections
Section 1: Introduction 2
Section 2: Complaints procedure and
compensation arrangements 3
Section 3: General terms 4
Contract of Insurance 4
Definitions 4
Section 4: General conditions 6
Section 5: What to do when a loss occurs 9
A motor vehicle claim 9
A motor legal expenses claim 9
Section 6: General exclusions 10
Section 7: Physical damage cover 12
Section 8: Additional cover and benefits 13
Agreed value 13
Audio and electrical equipment 13
Child car seats 13
Disablement 13
Driving other cars 13
Emergency transportation/accommodation 13
Emergency treatment 13
Foreign use 13
Glass cover 14
Lock replacement 14
Medical expenses 14
Personal accident cover 14
Personal belongings 14
Personal registration plate cover 14
Trailers 14
Section 9: Third party liability cover 15
Motor legal expenses cover 16
Hagerty classic car
Policy wording
© This wording is fully protected by the laws of copyright.
No unauthorised use or reproduction is permitted.
97044831.indd 1 18/06/2015 06:06
Hagerty classic car
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2
Section 1: Introduction
We are very grateful for your business and are also delighted that you have chosen the
Hagerty classic car policy, underwritten by Aviva Insurance Limited. We continue to provide
the very best possible service to our clients and this policy represents one of the most
comprehensive available to the classic car market today. However, should you feel that this
policy does not reflect the cover you require, or should you feel that we have not provided
exceptional service, please make contact with us as soon as possible.
We hope to see you at a classic car show in the near future.
Angus Forsyth
Managing Director, Hagerty International Limited
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Hagerty classic car
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3
Section 2: Complaints procedure and compensation
arrangements
The following procedure applies to all sections of the policy other than the
pages detailing the Motor legal expenses cover:
We are proud of our reputation for a quality service. If you feel that our service at
any time falls below the standard you would expect, please contact our Customer
Services.
Hagerty International Limited
The Arch Barn, Pury Hill Farm, Alderton
Towcester, Northants NN12 7TB
Telephone: 0333 323 1242 (for calls within the UK)
Telephone: +44 1327 810 600 (for calls outside the UK)
The following procedure applies to the pages detailing the Motor legal
expenses cover:
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
contact the Managing Director of LawShield. The contact details are:
The Managing Director, LawShield UK Ltd, LawShield House, 850 Ibis Court,
Lakeside Drive, Centre Park, Warrington, WA1 1RL.
Tel: 0800 731 3942
Please ensure your policy number is quoted in all correspondence to assist a quick
and efficient response. 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,
Exchange Tower, London E14 9SR.
Tel: 0300 123 9 123 or 0800 023 4567
Overseas: +44 20 7964 0500
The above complaints procedure is in addition to your statutory rights as a
consumer. For further information about your statutory rights contact your local
authority Trading Standards Service or Citizens Advice Bureau.
Hagerty, Aviva and Inter Partner Assistance SA are covered by the Financial
Serv ices Compensation Scheme. You may be entitled to compensation from the
scheme if we cannot meet our obligations. This depends on the type of business
and the circumstances of the claim. Insurance advising and arranging is covered
for 90% of the claim without any upper limit. For compulsory classes of insurance,
insurance advising and arranging is covered for 100% of the claim, without any
upper limit. Further information about compensation scheme arrangements is
available from the FSCS on 0800 678 1100 or at
www.fscs.org.uk.
Compensation
arrangements
97044831.indd 3 18/06/2015 06:06
Hagerty classic car
Policy wording
4
Section 3: General terms
Please read your policy very carefully. If anything is not correct, please return it
immediately.
This policy is a contract of insurance between you and us. You enter into a contract
with us when you agree to take out the policy on the terms and conditions we have
offered and to pay the premium. It is your responsibility to ensure that all persons
insured are aware of the terms of this policy.
The following elements form the contract of insurance; please read them and keep
them safe:
This policy booklet;
information contained on your statement of fact;
schedule;
any endorsements on your policy, as set out in your schedule;
certificate of motor insurance;
any changes to your policy contained in notices issued by us at renewal;
the information under the heading ‘Important Information’ which we provide to you
when you take out or renew your policy.
In return for paying your premium, we will provide the cover shown in your schedule
under the terms and conditions of this policy during the period of insurance. Any
changes agreed during the period of insurance will be treated as a continuation of the
contract of insurance.
Our provision of insurance under this policy is conditional upon all persons who seek
to benefit under this policy observing and fulfilling the terms, provisions, conditions and
endorsements of this policy.
Each renewal of the policy represents a new contract of insurance. For existing
customers, you enter into a new contract of insurance with us commencing on the
date when you agree to renew the policy and to pay the premium. You will be covered
for the period of insurance shown on your renewal schedule.
Words shown in bold type in the policy shall have the meaning given to them below or
in the relevant cover section, wherever they may appear unless otherwise indicated.
The amount your vehicle is insured for as agreed by you and us and shown in your
schedule. The amount includes the value of your vehicle at the inception date of the
policy, all manufacturer fitted extras and modifications and any non-manufacturer
extras or modifications approved by us.
The most recent notification of cover change we issued to you.
Your or an insured person’s permanent address in the United Kingdom.
Your evidence of motor insurance. A certificate will be issued by us for each vehicle
you insure with us and should be read together with this policy wording, the schedule,
any amendment to cover notice and any endorsements.
A change to the terms of the policy. These are shown in your schedule.
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia,
Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania,
Luxembourg, Malta, The Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia,
Spain, Sweden, United Kingdom.
The amount for which you are responsible as the first part of each agreed claim
as shown in your schedule. If an insured vehicle is not listed in your schedule a
£1,000 excess applies.
Contract of Insurance
Renewal of the
contract of insurance
Definitions
Agreed value
Amendment to
cover notice
Associated address
Certificate of motor
insurance
Endorsement
European Union
Excess
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Insured Person (s)
Insured vehicle
LawShield
Market value
Named insured person
Period of insurance
Personal belongings
Policy
Statement of fact
Road Traffic Acts
Schedule
Territorial limits
Vehicle
United Kingdom
We, us, our, ours
You, your
Hagerty classic car
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5
Any user permitted by you legally entitled to drive in accordance with the certificate of motor
insurance.
1. Any vehicle.
2. Any vehicle insured under a Hagerty Classic Car Policy underwritten by Aviva.
LawShield UK Ltd, LawShield House, 850 Ibis Court, Lakeside Drive,
Centre Park, Warrington, Cheshire, WA1 1RL.
The cost to replace a vehicle with one of the same make, model and condition. We decide this
amount.
Insured person(s) whose names are stated on the certificate of motor insurance.
The period for which the policy is in force as shown in your most recent schedule.
Personal property within your vehicle. This includes portable audio equipment,
multi-media equipment, communication equipment, personal computers, cameras, satellite
navigation and radar detection systems not permanently fitted to your vehicle.
This policy wording, the schedule, the certificate of motor insurance, any amendment to
cover notice and any endorsements.
The form that captures all the information that you provide to us via your agent and on
which we base our terms and conditions.
Any Acts, Laws or Regulations, which govern the driving or use of any motor vehicle in Great
Britain, Northern Ireland, the Channel Islands and the Isle of Man.
The document showing your name, your address and your insurance details that we sent
you when we accepted this insurance or following any subsequent amendment to your
cover, whichever is the more recent.
This policy provides cover anywhere within the European Union, as well as the Channel
Islands, the Isle of Man, Albania, Andorra, Bosnia Herzegovina, Gibraltar, Iceland,
Liechtenstein, Macedonia, Monaco, Montenegro, Norway, San Marino, Serbia, Switzerland
and Turkey (west of the Bosphorus) or in transit by rail, sea, land (not under the vehicle’s
own power) or air between any countries listed in this definition.
Any vehicle listed in your schedule for which a certificate of motor insurance has been is-
sued bearing the registration number or chassis number of that vehicle which belongs to or is
under a hire purchase agreement with you or is leased to you.
England, Wales, Scotland and Northern Ireland.
Aviva Insurance Limited except where otherwise shown for any policy section.
The person named as the policyholder in your schedule.
Section 3: General terms
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6
Section 4: General conditions
The following conditions apply to the whole of this policy. Any extra conditions are shown
in the sections to which they apply.
1. Your Cancellation Rights
You have a statutory right to cancel your policy within 14 days from the day of purchase
or renewal of the contract or the day on which you receive the policy or renewal
documentation, whichever is the later.
If you wish to cancel and the insurance cover has not yet commenced, you will be
entitled to a full refund of the premium paid.
Alternatively, if you wish to cancel and the insurance cover has already commenced, you
will be entitled to a refund of the premium paid, less a proportionate deduction for the
time we have provided cover.
To cancel, please contact your insurance adviser.
If you do not exercise your right to cancel your policy, it will continue in force and you will
be required to pay the premium. For your cancellation rights outside the statutory cooling
off period, please refer to 2. General Conditions – Cancelling this policy, below.
You must return/surrender your valid certificate of motor insurance immediately following
cancellation.
2. General Conditions – Cancelling this policy
Following the expiry of your 14 day statutory cooling off period you continue to have the
right to cancel this policy (and/or any additional cover options provided by Aviva) at
any time during its term. If you do so, you will be entitled to a refund of the premium paid
in respect of the cancelled cover, less a proportionate deduction for the time we have
provided such cover. If you cancel your policy we will also charge up to £25.00
(plus Insurance Premium Tax where applicable) to cover the administrative cost of
providing the policy.
To cancel, please contact your insurance adviser.
We (or any agent we appoint and who acts with our specific authority) may cancel this policy
and/or any additional cover options provided by Aviva, where there is a valid reason for doing
so, by sending at least 7 days’ written notice to your last known postal and/or e-mail address
setting out the reason for cancellation.
Valid reasons include but are not limited to the following:
Non payment of premium. If premiums are not paid when due we will write to you
requesting payment by a specific date. If we receive payment by the date set out in the
letter we will take no further action. If we do not receive payment by this date we will
cancel the policy (and/or any additional cover options provided by Aviva) from the
cancellation date shown on the letter.
Where we reasonably suspect fraud.
Where any insured person(s) fails to co-operate with us or provide us with information
or documentation we reasonably require, and this affects our ability to process a claim
or defend our interests. See ‘Section 5 – What to do when a loss occurs’, in this policy
booklet.
Where you have not taken reasonable care to provide complete and accurate answers to
the questions we ask. See the “Contract of Insurance” wording in Section 3 of this policy
booklet and the “Information and changes we need to know about” wording in Section 4
of this policy booklet and the separate ‘Important Information’ notices supplied.
If we cancel the policy (and/or any additional cover options provided by Aviva) under this
section you will be entitled to a refund of the premium paid in respect of the cancelled cover,
less a proportionate deduction for the time we have provided such cover, unless the reason for
cancellation is fraud and/or we are legally entitled to keep the premium under the Consumer
Insurance (Disclosure and Representations) Act 2012.
Cancelling this policy
Our right to cancel
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Section 4: General conditions
Return of the certificate of
motor insurance
Duplicate cover
False claims
Choice of law
Customers with
Disabilities
Use of Language
Information and changes
we need to know about
Hagerty classic car
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7
If we cancel the policy we will also charge up to £25.00 (plus Insurance Premium Tax where
applicable) to cover the administrative cost of providing this policy.
Important note: The Consumer Insurance (Disclosure and Representations) Act 2012 sets
out situations where failure by a policyholder to provide complete and accurate information
requested by an insurer allows the insurer to cancel the policy, sometimes back to its start
date and to keep any premiums paid.
Where our investigations provide evidence of fraud or a serious non-disclosure we may
cancel the policy immediately and backdate the cancellation to the date of the fraud or when
you provided us with incomplete or inaccurate information, which may result in your policy
being cancelled from the date you originally took it out.
Your valid certificate of motor insurance must be returned/surrendered immediately
following cancellation.
When other insurance applies to a covered loss under this policy, we are entitled to approach
the other insurer for contribution and will only pay our share.
If a loss is covered more than once by us, we will pay under the section that provides you
with the most cover. We will not make duplicate payments.
If you have made a false claim, we can refuse to pay a claim or we can treat this insurance as
though it had never existed.
The law of England and Wales will apply to this contract unless:
you and we agree otherwise; or
at the date of the contract you are a resident of (or, in the case of a business, the
registered office or principal place of business is situated in) Scotland, Northern Ireland,
Channel Islands or the Isle of Man, in which case (in the absence of agreement to the
contrary) the law of that country will apply.
This policy and other associated documentation are also available in large print, audio and Braille.
If you require any of these formats please contact Hagerty customer services on 0333 323 1242.
Unless otherwise agreed, the contractual terms and conditions and other information relating
to this contract will be in English.
In deciding to accept this insurance and in setting the terms and premium, we have relied on
the information you have given us. You must take care when answering any questions we
ask by ensuring that all information provided is accurate and complete.
You must tell us, as soon as possible, if there are any changes to the information you have
given us. You must also tell us about the following changes:
a change to the people insured, or to be insured.
motoring convictions (driving licence endorsements, fixed penalties or pending
prosecutions for any motoring offences) for any of the people insured, or to be insured.
criminal convictions for any of the people insured, or to be insured.
a change of vehicle.
any vehicle modifications.
any changes affecting ownership of the vehicle.
any change in the way that the vehicle is used.
a change of correspondence or garaging address.
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Hagerty classic car
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8
When you tell us of a change, we will tell you if this affects your policy, for example whether we
are able to accept the change and if so, whether the change will result in revised terms and/or
premium being applied to your policy.
If the information provided by you is not complete and accurate:
we may cancel your policy and refuse to pay any claim, or
we may not pay any claim in full, or
we may revise the premium and/or change the compulsory excess, or
the extent of the cover may be affected.
Section 4: General conditions
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we You should refer to the relevant cover section for details of the cover provided and how
your claim will be settled. Claims for all sections of the policy except for Motor Legal
Expenses Cover are managed by Connexus Claims Solutions Limited (Connexus) and we will
let you know if this company changes.
You must tell us or your insurance agent as soon as possible about any incident which
you may need to claim for under this policy. Our 24 hours a day, seven days a week
helpline is available on:
0333 323 1243 (for calls within the United Kingdom)
+44 1925 422 794 (for calls outside the United Kingdom)
In addition, in the event of theft, bodily injury or a crime being committed, you or an insured
person must notify the police and obtain a crime reference number from them.
You or an insured person must not admit liability for any incident or negotiate or refuse any
claim with anyone.
We will:
¥ arrange for the repatriation of you or the insured person(s) and your or the insured
personÕs passengers from within the territorial limits;
¥ where necessary recover the insured vehicle to a destination or repairer of your
choice or if you prefer to a repairer approved by us;
¥ inspect, approve and authorise any repairs to the insured vehicle;
¥ clean the insured vehicle on completion of any repairs;
¥ where appropriate return the insured vehicle to you;
¥ guarantee the repairs to the insured vehicle if carried out by an approved repairer for a
period of three years.
If someone is holding you or an insured person responsible for injury or damage, you
must immediately send to us or your insurance agent every letter or claim correspondence
you receive. You or an insured person must not admit liability or make an offer or promise of
payment without our written permission, otherwise we will not have to pay the claim.
We may take over and deal with, in your name or that of an insured person, the defence
or settlement of any claim made against you.
We may pursue, in your name or that of an insured person but at our expense,
recovery of any amounts we may become liable to pay under this policy. You or an insured
person must give us all the assistance we may reasonably require to do this.
You may elect to receive your claim payment by cheque or via electronic fund transfer.
Please refer to the section towards the back of this policy, titled ÔMotor legal expenses coverÕ.
Section 5: What to do when a loss occurs
A motor vehicle claim
How to make a claim
Injury to someone or
damage to their
property
Receiving a loss
payment
Receiving your claim
payment
A motor legal
expenses claim
Hagerty classic car
Policy wording
9
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1. Any loss, damage or liability arising out of a deliberate act by you or an insured
person or by anyone acting on your behalf.
2. Any consequence whatsoever which is the direct or indirect result of any of the following, or
anything connected with any of the following, whether or not such consequence has been
contributed to by any other cause or event, except to the extent that we must provide cover
under the Road Traffic Acts:
(a) Terrorism – Terrorism is defined as any act or acts including, but not limited to:
(i) the use or threat of force and/or violence
and/or
(ii) harm or damage to life or to property (or the threat of such harm or damage) including,
but not limited to, harm or damage by nuclear and/or chemical and/or biological and/or
radiological means
caused or occasioned by any person(s) or group(s) of persons in whole or in part for political,
religious, ideological or similar purposes, or is claimed to be caused or occasioned in whole
or in part for such purposes
(b) any action taken in controlling, preventing, suppressing or in any way relating to (a) above.
In respect of 2 (a) and (b), where we are obliged by the Road Traffic Acts to provide
insurance the maximum amount we will pay for damage to property as a result of any
accident or accidents caused by a vehicle or vehicles driven or used by you or any other
person, for which cover is provided under this section, will be:
£5,000,000 in respect of all claims resulting directly or indirectly from one originating
cause; or
• such greater sum as may in the circumstances be required to meet the minimum
insurance requirements of the Road Traffic Acts.
3. Any loss, damage or liability arising directly or indirectly from nuclear reaction,
nuclear radiation or radioactive contamination.
4. Any consequence whatsoever which is the direct or indirect result of any of the following,
or anything connected with any of the following, whether or not such consequence has
been contributed to by any other cause or event:
a) war, invasion, act of foreign enemy, hostilities or a warlike operation or operations
(whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion
assuming the proportions of or amounting to an uprising, military or usurped power
b) any action taken in controlling, preventing, suppressing or in any way relating to (a) above
except to the extent that it is necessary to meet the requirements of the Road Traffic Acts.
5. Any loss, damage or liability caused by the confiscation, destruction or seizure of
property by any military, government or public authority.
6. Any loss, damage or liability arising from:
a) airport service vehicles.
b) vehicles being used on those parts of airport premises to which the public do
not have free vehicular access.
7. Any reduction in value of any insured vehicle.
8. Any loss, damage or liability arising from participation in or instruction or preparation for
any racing, rallies, trials, pace-making or speed testing in any prearranged or organised
event (including but not by way of limitation the Gumball Rally or Cannonball Run) or any
on track use (including but not by way of limitation the Nürburgring).
Section 6: General exclusions
The following exclusions apply to the whole of this policy. Any extra exclusions are shown
in the sections to which they apply.
This insurance does not cover the following:
Hagerty classic car
Policy wording
10
97044831.indd 10 18/06/2015 06:06
ovide cover
eat of such harm or damage) including,
gical and/or
oup(s) of persons in whole or in part for political,
elating to (a) above.
Section 6: General exclusions
9. Any person who uses an insured vehicle without the ownerÕs permission.
10. Any loss, damage or liability arising from the use of any insured vehicle to carry
property or people for a fee.
11. Any loss, damage or liability arising from the operation of any insured vehicle that
has been hired, leased or loaned by you or any insured person(s) for a fee to any
other person.
12. Any death or injury of any employee arising out of his or her employment by you or
an insured person if cover for such person is provided under a liability insurance
policy that complies with current United Kingdom compulsory liability legislation,
or any similar legislation of any other applicable country within the territorial limits.
13. Any motorcycles or any vehicles with less than four wheels unless agreed by us
and noted in your schedule.
14. Loss of use, wear and tear, deterioration, depreciation, or any loss or damage which
happens gradually.
15. Mechanical, electrical or electronic failure, breakdown or breakage computer and
equipment failure or malfunction.
16. In respect of ÔSection 9 Ð Third party liability coverÕ, any loss, damage or liability
resulting from or in connection with any act of terrorism except in so far as
necessary to comply with the United Kingdom Road Traffic Act.
17. Loss or damage arising from confiscation or requisition or destruction by or under order
of any Government or Public or Local Authority.
18. Any damage to tyres caused by braking, punctures, cuts or bursts.
19. Any loss of value following repairs.
20. We will not pay for:
Any accident, injury, loss or damage while any vehicle that is insured under this policy
is being:
a. used otherwise than for the purpose described under the ÔClass of useÕ section of
your certificate of motor insurance, or
b. driven by, or is in the charge of any person for the purposes of being driven who, or
¥ is not described under the section of your certificate of motor insurance headed
ÔInsured personsÕ, or
¥ does not have a valid and current licence to drive your vehicle, or
¥ is not complying with the terms and conditions of the licence, or
¥ does not have the appropriate licence for the type of vehicle
We will not withdraw this cover:
¥ while your vehicle is in the custody or control of:
- a member of the motor trade for the purposes of maintenance or repair, or
- an employee of a hotel or restaurant or car parking service.
¥ if the injury, loss or damage was caused as a result of the theft of your vehicle
¥ by reason of the person driving not having a driving licence, if you had no
knowledge of such deficiency.
Hagerty classic car
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Section 7: Physical damage cover
You should read your schedule to see if this physical damage cover applies to your policy.
This section provides you and an insured person with physical damage cover as detailed
below, whilst driving an insured vehicle anywhere within the territorial limits.
The general terms, general conditions and general exclusions all apply to this section.
We will cover physical loss of or physical damage to an insured vehicle
occurring during the period of insurance anywhere within the territorial limits.
Your excess.
Loss of use of the insured vehicle or any other indirect loss.
Loss or damage to your vehicle in the event that you have exceeded the mileage
declared to us in the statement of fact and stated in your schedule.
If between the hours of 10pm and 6am your vehicle is within 500 metres of an associated
address you must ensure that the vehicle is kept in a secure locked garage or returned to
the garage address.
If you do not, we will not have to pay any related claim.
This condition does not apply in cases where, subject to our prior agreement and the
payment of the appropriate additional premium, your vehicle is kept on your driveway or
at an alternative location.
Following loss or damage involving any insured vehicle, we will decide whether to repair
your vehicle, replace your vehicle or make a cash settlement.
Each vehicle listed in your schedule is insured for an agreed value. If your vehicle is a
total loss declared by us we will pay you the agreed value if you have provided acceptable
valuation certificates or photographs of the vehicles within 30 days from the start date of
the policy. If you have not provided this information, we will only pay the market value for
the vehicle listed in your schedule or the agreed value, whichever is the lesser amount.
An insured vehicle will be declared to be a total loss when it is totally destroyed or stolen
and not recovered.
An insured vehicle is considered totally destroyed when the salvage value plus the repair cost
is equal to or greater than the agreed value of the vehicle or the market value if the insured
vehicle involved is not listed in your schedule.
An insured vehicle is considered stolen when it is stolen and not recovered within 30 days
of its theft. However if a tracking device is installed to the insured vehicle and is active at the
time of the theft, the insured vehicle will be considered stolen when it is stolen and not recov-
ered within 14 days of its disappearance. When we pay for a total loss the salvage becomes
our property.
If we are going to settle your claim by making a cash settlement, or by replacing your vehicle or
paying you the agreed value, or the market value, your vehicle will become our property. In
the event of a total loss you may, where legislation permits, request the opportunity to retain the
vehicle salvage, subject to a reasonable deduction from the claim settlement decided by us.
What is covered
What is not covered
Garaging condition
How much we will pay
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If ‘Section 7 – Physical damage cover’, applies to your policy, the following additional covers
and benefits are automatically included in your insurance.
Unless specifically stated to the contrary, they are in addition to ‘Section 7 – Physical damage
cover’ and the excess assigned to the insured vehicle will apply.
Your vehicle will be insured for an agreed value if you have provided acceptable
valuation certificates or photographs of the vehicles within 30 days from the start date of the
policy. If you have not provided this information, your vehicle will be insured for its market value.
In the event of a covered loss we will also cover up to £750 for the following for loss or
equipment damage if the cost of replacement is included in the agreed value. If it is not
included in the agreed value there will be no cover for such equipment.
a. The following equipment if permanently installed in or removable from a housing unit
within the vehicle and designed to be operated only by the power of the vehicle,
including radios, tape players, CD players and DVD players or similar equipment
including their accessories and antennas.
b. Telephones if permanently installed in the vehicle and designed to be operated only by
the power of the vehicle, including their accessories and antennas.
If you or a named insured person has a child car seat in an insured vehicle and
the insured vehicle is involved in an accident during the period of insurance involving impact
damage, we will replace the child car seat with a new one of equivalent quality even if the
child car seat itself is not damaged. Your excess does not apply to this cover.
In the event of an accident during the period of insurance resulting in a covered claim
under this policy and you or a named insured person is registered disabled as a result of
the accident, we will pay up to £10,000 towards the cost of applicable modifications to
your or a named insured personÕs vehicle.
You will be covered under Sections 7, 8, 9, and 10 of this policy whilst driving any insured
vehicle unless stated otherwise or an exclusion applies.
This additional cover is secondary to any other insurance that may apply at the time of a
covered loss and a £1,000 excess will apply.
If following a covered loss more than 50 miles from your or a named insured personÕs
closest residence you or a named insured person incur emergency transportation costs,
we will pay such costs up to a maximum of £500.
In addition, we will pay up to a maximum of £1,000 for accommodation and meals.
We will reimburse you or a named insured person using an insured vehicle for payment
made under the United Kingdom Road Traffic Act for emergency treatment incurred as a
result of an accident during the period of insurance.
We will cover you or a named insured person for trips to countries within the territorial
limits for up to 90 days commencing during the period of insurance.
The certificate of motor insurance provides evidence that the compulsory insurance laws
within the territorial limits are complied with.
Section 8: Additional cover and benefits
Agreed value
Audio and electrical
Child car seats
Disablement
Driving other cars
Emergency
transportation /
accommodation
Emergency treatment
Foreign use
Hagerty classic car
Policy wording
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Section 8: Additional cover and benefits
In the event of physical damage to window glass and/or sunroof glass to your vehicle we
will pay for the replacement or repair of the glass. If your vehicle was manufactured post
1990, the most we will pay is £1,500.
A £100 excess applies to this additional cover. However, if the glass is repaired, the excess
does not apply.
Should you or an insured person lose or have the door key or ignition/alarm immobiliser
key to a vehicle or garage door opener stolen during the period of insurance, we will pay
up to £500 for its replacement and for the replacement of the associated lock.
We will pay necessary medical expenses, up to a total of £500 for you or a named
insured person, incurred as a result of an accident during the period of insurance. Such
medical expenses must arise out of injury to you or a named insured person while he or
she is occupying an insured vehicle. This additional cover also applies if you or a named
insured person are struck by another motor vehicle or trailer.
We will pay you or a named insured person or the applicable estate for you or a named
insured person £10,000 for bodily injury in the event that an accident during the period of
insurance involving an insured vehicle is the sole cause of:
¥ death, or
¥ total loss of a limb, or
¥ loss of sight in one or both eyes.
We do not provide this additional cover if the accident is caused directly or indirectly whilst
you or a named insured person has a blood alcohol level exceeding the prescribed
limit as decreed by the United Kingdom Road Traffic Act (or similar legislation of any
other applicable country within the territorial limits) or is under the influence of any illegal
substance.
We will not pay for death or bodily injury arising from suicide or attempted suicide.
We will pay for your personal belongings (excluding cash, travellers cheques, bearer bond,
stock certificates or jewellery) in an insured vehicle that are lost or damaged due to an
accident or to fire, theft or attempted theft during the period of insurance up to a total
amount of £500.
Your excess does not apply to this additional cover.
If you or a named insured person’s vehicle has a personalised registration number
cover purchased from the DVLA and the vehicle is stolen during the period of insurance and
not recovered, we will pay up to £5,000 to compensate you for the loss of the plate. If we pay
under this additional cover the rights to the plate will become ours.
We will pay up to £5,000 for theft or physical damage to a trailer, which you or a named
insured person owns or are legally responsible for and which is no more than 4.6 metres
(15 feet) in length, during the period of insurance, whether it is attached to an insured
vehicle or not.
Proof of ownership of a trailer will need to be provided for this cover to apply.
Glass cover
Lock replacement
Medical expenses
Personal accident
cover
Personal belongings
Personal registration
plate
Trailers
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Policy wording
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You should read your schedule to see if this third party liability cover applies to your
policy.
This section provides you and an insured person with third party liability cover as detailed
below, whilst driving an insured vehicle anywhere within the territorial limits.
The General terms, General conditions and General exclusions all apply to this section.
We will cover the legal liability of you and an insured person to compensate others if, as a
result of an accident during the period of insurance arising from the maintenance,
operation or use of an insured vehicle,
¥ someone is injured (including any sickness or disease resulting from such injury), or
dies, or
¥ tangible third party property is physically lost or physically damaged (including the loss
of use of such damaged property).
The most we will pay for any one accident resulting in damage to third party property is
£20,000,000.
There is no limit on the amount we will pay for any one accident resulting in
¥ injury or death of a third party, or
¥ injury or death of a passenger travelling in an insured vehicle.
All claims caused by one accident are agreed to be one claim however many insured
person(s) may be legally liable for the accident.
We will pay reasonable and necessary costs and expenses of legal representation should
you or an insured person need to defend against any legal action seeking damages for
injury, death or property damage.
In the event of the death of anyone who is insured under this section, we will protect his or her
legal personal representatives against any liability that the deceased person had, which is
covered by this section.
We will pay the fees and disbursements of any legal representative we agree to, to defend
anyone we insure under this section, following any incident which is covered under this section:
¥ at a coroners inquest;
¥ at a fatal accident inquiry;
¥ in any proceedings brought under the Road Traffic Acts or equivalent European Union
legislation.
We will not pay representation for:
¥ a plea of mitigation (unless the offence you are charged with carries a custodial sentence);
¥ appeals.
Section 9: Third party liability cover
What is covered
How much we will pay
Legal personal
representatives
Legal costs
Hagerty classic car
Policy wording
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Motor legal expenses cover
Motor legal expenses cover is arranged by LawShield with United Kingdom General
Insurance Limited on behalf of Inter Partner Assistance, The Quadrangle, 106-118 Station
Road, Redhill, Surrey, RH1 1PR. Registered No: FC008998, and administered by LawShield.
United Kingdom General Insurance Limited and LawShield are authorised and regulated by
the Financial Conduct Authority. This can be checked on the Financial Services register by
visiting the FCAs website at www.fca.gov.uk/firms/systems-reporting/register or by contacting
them on 0800 111 6768. Inter Partner Assistance is a branch of Inter Partner Assistance SA
(IPA SA) based in Belgium and part of the worldwide AXA Group. IPA SA is authorised by the
Commission Bancaire Financière et des Assurances (CBFA) to l’Autorité des Services et
Marchés Financiers in Belgium (their regulatory arm) and are subject to limited regulation by the
Financial Conduct Authority in the United Kingdom. Their firm’s reference number is 202664.
Their regulative activities are miscellaneous financial loss, legal expenses and assistance.
This section provides a named insured person with motor legal expenses cover as
detailed below, whilst driving an insured vehicle anywhere within the territorial limits.
The general terms, general conditions and general exclusions all apply to this section.
Motor legal expenses cover only applies to your policy if shown in your schedule.
Legal expenses services are provided by LawShield.
LawShield are available for you to call 24 hours a day, seven days a week.
LawShield’s claims notification line is 0333 323 1243 (for calls within the United Kingdom) or
+44 1925 422 794 (for calls outside the United Kingdom).
LawShield will aim to recover your uninsured loses, which may include the cost of repairing or
replacing your vehicle, your excess, injury compensation and other out-of-pocket expenses.
Claims adjuster Any claims negotiator, adjuster or other appropriately qualified person, firm or
company appointed by LawShield to act for the named insured person.
A non-fault road traffic accident (excluding claims for theft or fire) occurring within the
territorial limits which results in:
a. loss or damage to the vehicle including any trailer attached thereto;
b. loss or damage to any personal property owned by the named insured person whilst
the property is in/on or attached to the vehicle;
c. the death of or injury to the named insured person whilst in or getting into or out of
the vehicle;
d. any other uninsured losses.
UK General Insurance Limited on behalf of Inter Partner Assistance SA.
Fees, costs and disbursements reasonably incurred by LawShield, any claims adjuster,
solicitor, or other appropriately qualified person appointed to act for named insured
person with LawShield’s consent, chargeable on the standard basis, or in accordance
with the Fixed Recoverable Costs scheme if appropriate. Also covered are the costs of any
civil proceedings incurred by an opponent for which the named insured person may be
liable by order of a court or by agreement with the consent of LawShield.
Explanatory note: The Fixed Recoverable Costs scheme applies to road traffic accidents
which are settled by negotiation before court proceedings are issued for claims up to the
value of £25,000. The rules set out how legal fees are calculated for these cases, where
solicitors costs are payable by LawShield, these will be on the standard basis as defined
by the CPR (Civil Procedure Rules) and would be limited to £125.00 per hour solicitors time,
and £12.50 for each letter sent out.
What to do when a loss
occurs
Special definitions
applying to this section
Claims adjuster
Insured incident
Insurers
Legal costs and
expenses
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Policy wording
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Reasonable prospects are considered to be 51% or better chance of success.
The limit set by the Ministry of Justice in the Civil Procedure Rules Part 26.6 below which
legal proceedings for a claim for damages due to personal injury are allocated to the
small claims track.
The process and procedures set out in the Civil Procedure Rules Part 27 for dealing with
legal claims where the value of the claim is below the small claims limit the claim is
allocated to the small claims track by the court.
The solicitor, firm of solicitors or other appropriately qualified person, firm or company
appointed to act for the named insured person.
The assessment of costs which are proportionate to the named insured personÕs claim.
LawShield will cover the legal costs and expenses of pursuing civil claims arising from an
insured incident relating to the use of an insured vehicle or any other vehicle attached
and being towed by the insured vehicle.
The maximum amount insurers will pay in respect of all insured incidents which are
related in time or by cause after aggregation of the legal costs and expenses is £100,000
for both the named insured person and any opponents insofar as they are liable to pay them.
Motor Legal Expenses Cover with LawShield has been arranged by Hagerty for you.
LawShield service this part of your policy on behalf of the insurers. Hagerty cannot accept
any responsibility for the availability, standard of service or any consequences from the use
of these services.
In addition to the policy general exclusions the following additional exclusions apply to this
part of your policy.
LawShield shall not be liable for:
Legal costs and expenses where the named insured person will not get a
reasonable and proportionate settlement or if any expected settlement is small
compared to the time and expense involved.
Claims where the estimated value of any damages for the personal injury the named
insured person has suffered does not exceed the small claims limit.
Legal costs and expenses incurred prior to LawShieldÕs acceptance of a claim.
Claims arising from any deliberate, criminal act or omission by the named insured person.
Legal costs and expenses, fines or other penalties which the named insured person
is ordered to pay by a Court of Criminal Justice.
Incidents involving an insured vehicle owned or driven by the named insured person,
where the named insured person was not in possession of a valid driving licence or
the insured vehicle was not covered by a valid test certificate where appropriate or
was not in a road-worthy condition.
Motor vehicles used by or on behalf of the named insured person for racing, rallies,
competitions or trials of any kind.
Claims arising from the insured vehicle not being used in accordance with the terms
and conditions of your policy.
LawShield shall be under no liability to pay for avoidable correspondence, absence from
work compensation or for travelling expenses or sustenance allowances of the named
insured person (except to the extent that the named insured person may be specifically
covered under the other sections of the policy).
LawShield shall be under no liability where the named insured person holds cover under
any other policy to the extent that LawShield are or would but for this policy be, by the
terms of such other policy, liable to compensate the named insured person in respect of
the subject matter of insurance.
LawShield shall not be liable for the legal costs and expenses of pursuing an action
arising from an incident that occurs within the territorial limits under the jurisdiction of
any court other than the courts in the territorial limits, except that LawShield will be
responsible for reasonable costs incurred with their prior approval in enforcing or attempting
to enforce a judgment obtained from a court within the territorial limits against a defendant
resident elsewhere.
Motor legal expenses cover
Prospects of success
Small claims limit
Small claims track
Solicitor
Standard basis
What is covered
How much insurers
will pay
Special exclusions
applying to this section
Hagerty classic car
Policy wording
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Motor legal expenses cover
LawShield shall not be liable for legal costs and expenses in respect of accidents
occurring during trips to foreign countries within the territorial limits commencing during
the period of insurance, when the period of any such trip to these countries is intended to
exceed 90 days, unless we have agreed to extend coverage under the policy to apply to
such trip.
Compliance by the named insured person with the following provisions and with each and
applying to this section all of the terms in the policy shall be a condition of this insurance.
Legal costs and expenses payable are in no way affected by an agreement, undertaking,
promise made or given by the named insured person to the solicitor.
The insurance under this section does not cover an appeal unless LawShield are notified
in writing by the named insured person not later than six working days before the time for
making an appeal expires and LawShield consider that there are reasonable prospects of
such an appeal succeeding.
Where indemnity is requested and granted to any person mentioned in the schedule, then
the terms and conditions and exclusions of this section apply equally to such persons as
they do to the named insured person.
The insurance under this section may be cancelled at any time at the request of LawShield
or Hagerty in writing by sending 14 days notice by recorded delivery to you.
Where the named insured person presents a claim under this section of the insurance they
must submit to LawShield a complete and truthful report of the facts of the matter which is the
subject of the claim indicating any potential witnesses and any documentary or other evidence
of which he or she is aware. The named insured person must ensure that LawShield are
advised of the claim within 180 days of the occurrence of the incident.
Prospects of success If at any stage LawShield decide that the named insured person’s
prospects of success are not sufficient and/or an alternative course of action is appropriate
and/or under the terms of the policy the claim is not admissible then LawShield will inform
you in writing of their decision and the reason behind their decision. Having informed you of
this and subject to the policy conditions LawShield will not be bound to pay any legal costs
and expenses and may discontinue indemnity.
1. LawShield have the right through a adjuster or solicitor to take over and conduct in
the name of the insured person the pursuit or settlement of any claims.
2. LawShield will have complete control over how legal proceedings are carried out.
Before the issuing of legal proceedings LawShield will nominate and appoint a
solicitor from their panel to act on behalf of the named insured person and to
conduct in the name of the named insured person the prosecution, defence or
settlement of any claim accepted under the terms of the policy. Should legal
proceedings need to be issued, the named insured person does not have to accept
the solicitor nominated by LawShield. If the named insured person is unable to
agree a suitable solicitor with LawShield the named insured person’s choice of
solicitor may be referred to arbitration in accordance with the terms and conditions of
the policy. In any event the named insured person must notify LawShield in writing
of the full name and address of a solicitor who they wish to act for them. In the event
of a dispute as to choice of solicitor pending arbitration, LawShield will nominate a
solicitor to act on the named insured person’s behalf to safeguard his or her
interests. In the event that LawShield are the insurers of two or more parties in respect
of one claim the named insured person may nominate solicitors of their own choice
whose name and address should be submitted to LawShield prior to any legal costs
and expenses being incurred.
3. In choosing their solicitor the named insured person must try and keep the cost of
any legal proceedings as low as possible.
Special definitions
applying to this section
Claims adjuster
Claims notification
Representation
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4. Before LawShield accept the named insured personÕs choice of solicitor, or if the
named insured person fails to choose a solicitor, LawShield will be entitled to
instruct a solicitor on behalf of the named insured person.
5. In the event that the amount in issue does not exceed the current level of the Small
Claims Court, advice and assistance will be provided but representation at a court or
tribunal is at the absolute discretion of LawShield may also attempt a
negotiated settlement or take advantage of alternative resolution facilities.
1. LawShield will, with the prior consent of the named insured person, make their own
investigation into the case and may, subject to the final approval of the named insured
person (such prior consent or final approval not to be unreasonably withheld), attempt
to reach a settlement.
2. Where the uninsured loss does not exceed the current level of the Small Claims Court
and is not in respect of a claim for damages for personal injury, LawShield may
investigate the circumstances of the claim and attempt to obtain settlement with the
prior consent of the named insured person (such prior consent must not to be
unreasonably withheld). LawShield shall not be liable to provide representation on
behalf of the named insured person at any court proceedings where the amount
involved in respect of the uninsured loss does not exceed the current level of the Small
Claims Court.
Notwithstanding the above, LawShield reserve the right to provide representation in
the Small Claims Court if LawShield considers that it is appropriate in all the
circumstances of the case for there to be such representation.
3. LawShield shall have direct access to the solicitor at all times and the named
insured person shall co-operate fully with LawShield in all respects and shall keep
LawShield fully and continually informed of all developments in the legal representation
of proceedings. At LawShieldÕs request the named insured person shall instruct the
solicitor to produce to LawShield any documents, information or advice in their
possession and further shall give them such other instructions in relation to the
conduct of their claim as LawShield may require.
4. LawShieldÕs consent must be obtained prior to:
a. The instruction of Counsel to appear before a court (or tribunal) before which a
solicitor has a right of audience.
b. The instruction of Queen’s Counsel.
c. The incurring of unusual expert’s fees or unusual disbursements.
d. The making of an appeal.
5. Legal costs and expenses payable are to be in no way affected by any agreement,
undertaking or promise made or given by the named insured person to the solicitor
or by either of them to any witness expert or agent.
6. The named insured person must co-operate fully with the appointed claims adjuster
or solicitors.
7. The solicitor or named insured person shall inform LawShield immediately in writing
of any offer pursuant to Part 36 of the Civil Procedure Rules made with a view to
settling the claim.
8. No agreement to settle on the basis of both sides paying their own costs is to be made
without LawShieldÕs approval.
Motor legal expenses cover
Claims procedure
Hagerty classic car
Policy wording
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Motor legal expenses cover
9. If any offer pursuant to Part 36 of the Civil Procedure Rules is not accepted by the
named insured person but the amount thereof is equal to or in excess of the total
damage eventually recovered by them, LawShield shall have no liability in respect of
any further legal costs and expenses or opponent’s civil costs unless upon being
notified of the offer pursuant to Part 36 of the Civil Procedure Rules LawShield agree
to the continuance of the proceedings (such agreement not to be unreasonably
withheld) and LawShield shall have the right to require the named insured person, at
LawShield’s request, to instruct his or her solicitor to obtain Counsel’s opinion on the
merits of the claim or defence thereto or on an offer pursuant to Part 36 of the Civil
Procedure Rules made by an opponent or proposed by the named insured person or
whether there are grounds for continuing the proceedings prior to granting or refusing
such agreement.
10. At LawShield’s request the named insured person will require the solicitor to have
the legal costs and expenses taxed, assessed or audited by the relevant authority.
11. If for any reason the solicitor refuses to continue to act for the named insured person
or if the named insured person withdraws his or her claim from the solicitor,
LawShield’s liability will cease forthwith unless they agree to the appointment of an
alternative solicitor to continue with the claim pursuant to the procedure contained in
the terms and conditions of the policy, but LawShield shall have no liability to meet
the additional legal costs and expenses arising solely as a result of the appointment
of a new solicitor.
12. If the named insured person unreasonably withdraws from a claim without the prior
agreement of LawShield, then the legal costs and expenses will become the
responsibility of the named insured person and LawShield will be entitled to be
reimbursed by the named insured person for any costs paid or incurred during the
course of the claim including any legal costs and expenses LawShield consider they
are obliged to pay as a result of the named insured person withdrawing from the
claim.
The named insured person claiming under this section shall take or have taken on their
behalf every available step to recover from their opponents legal costs and expenses
payable under the policy and such legal costs and expenses must be paid to LawShield.
If any differences shall arise between LawShield and the named insured person as to
the presentation, acceptance, rejection, control or discontinuance of any claims or
representation at proceedings, then at their written request such difference shall be decided
by Counsel or a solicitor chosen jointly by LawShield and the named insured person
and, in the absence of agreement, to be appointed by the President of the relevant Law
Society of England or Wales or the President of the Law Society of Scotland, as
appropriate. Both parties shall present such information relevant to their differences to
Counsel or the solicitor as he or she shall require and his decision shall be final and binding
upon them. All costs of resolving the differences shall be met in full by the party against
whom the decision is made, or as may be determined by the arbitrator.
Recovery
Arbitration
Hagerty classic car
Policy wording
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SMOCC12600 06/2015
Motor Legal Expenses cover is underwritten by:
Inter Partner Assistance SA. Registered UK Office: The Quadrangle, 106-118 Station Road, Redhill, Surrey RH1 1PR. Authorised by the Commission Bancaire,
Financière et des Assurances to L’Autorité des Services et Marchés Financiers in Belgium and subject to limited regulation by the Financial Conduct Authority in the UK.
Motor Insurance is underwritten by:
Aviva Insurance Limited. Registered in Scotland, No. 2116. Registered Office: Pitheavlis, Perth PH2 0NH. Authorised by the Prudential Regulation Authority and
regulated by the Financial Conduct Authority and the Prudential Regulation Authority.
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