eCar Insurance

Policy Wording

To download a PDF copy of this policy wording, along with copies of other policy related documents, please visit our policy wording downloads page.

Introduction to eCar Insurance

eCar Insurance offer market leading cover at a competitive premium and through our website allow you revolutionary flexibility and control over your policy.

By logging onto www.ecarinsurance.co.uk you can view your policy details, carry out any changes you may wish to make to your policy and renew your policy. You will need to enter your policy number and email address to access your policy record. You can find your policy number on your policy documents.

eCar Insurance is a trading name of Southern Rock Insurance Company Limited, a member of the Association of British Insurers (ABI).

We are pleased you have arranged your car insurance through eCar Insurance.

Introduction to your Policy

Your car policy is made up of 3 parts. Part A refers to your Car Insurance Policy. Part B refers to your Legal Expenses Policy. Part C refers to your Breakdown Assistance Policy.

Please keep this Policy in a safe place as you may need to refer to it if you need to make a claim.

Policy Document

Contents

Claims Advice Part A - Your Car Insurance Policy Introduction Definitions Policy cover index Loss of or damage to your vehicle Liability to third parties Medical expenses Emergency medical treatment No Claims Discount Windscreen/Glass cover

Foreign Travel Servicing or repair Personal belongings Personal Accident General Exclusions General Conditions Endorsements which may apply Complaints procedure Part B - Your Legal Expenses Policy Part C - Your Breakdown Assistance Policy

Please read this carefully and make sure it meets with your requirements. If, at any stage You would like to receive a new copy of your policy booklet, please contact eCar Insurance. If you have any concerns with this policy, or you do not understand it or any terms or clauses contained in it, you should contact eCar Insurance immediately.

Cooling off Period

You have the right to cancel this contract of insurance, as well as the Legal Expenses and Breakdown Cover without giving any reason, within 14 days of receiving the policy documents or the start date of the policy, whichever is later. If you exercise Your right to cancel during this initial period of cover, You will have to pay “pro-rata” rates for the period of time You have had insurance cover and additional charges may be applied by eCar Insurance.

What to do in the event of a claim

Notification

To make a claim, or to report an incident which may result in a claim, call our 24 hour Claims Helpline on 0845 219 0614 as soon as possible. Lines are open 365 days a year.

When you call, please have ready your current Certificate of Motor Insurance, details of the driver if other than yourself, Your Vehicle, and details of the incident itself. Our operators will take down full details of the incident.

Our operators will provide every assistance to ensure the least inconvenience to you, and through the use of our extensive Approved Repairer network, can ensure (if your cover is relevant) a fast and efficient repair. To assist you at the scene of the incident, please note the following:-

DO Advise the Police if anyone is injured in the incident. Your Certificate of Motor Insurance must be produced at this time. Try to get the names and addresses of other drivers or pedestrians. Ask for the name, address and insurance policy number of the other driver’s insurance company. Draw a diagram of the scene showing the direction of the vehicles travelled, and their final positions. Note the road names and position of any witnesses, and any other relevant details to help you recall the incident. Take a photograph of the scene of the incident if you have a camera or a camera-phone.

DO NOT Admit liability or offer to make any payment. Drive away. You must stop if any property has been damaged or if anyone is injured. You must give your name and address and insurance details to anyone who needs it.

Windscreen Claims

To make a claim, please contact the Glass Helpline on 0845 219 0594 to arrange for replacement or repair of your windscreen or windows. Windscreen/glass cover is detailed in section 6 of the policy. Please ensure you have the relevant cover before reporting a claim.

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Part A - Your Car Insurance Policy

eCar Insurance are pleased to welcome you as a policyholder

Your car insurance is made up of 4 documents which should be read together.

• This insurance policy booklet.
• The Schedule.
• The Certificate of Motor Insurance.
• The Statement of Insurance.

Please check your insurance documents and inform us immediately if any of the details are incorrect. If you have any questions concerning your insurance, please contact the Customer Services Helpline on 0845 219 0592.

If you need to make a claim you can contact our 24 hour, 365 days-a-year helpline on 0845 219 0614.

If you need to make a windscreen claim contact our windscreen helpline on 0845 219 0594.

Definition of terms

Whenever the following words or phrases appear, they will have the meanings as described below irrespective of its typeface or colour

You/Your Insured policy holder Your Car Any motor car for which You have a current Certificate of Motor Insurance under this Policy. Certificate of Insurance Legal evidence of Your insurance. It shows the car We are insuring, who may drive Your Car, what it may be used for and the period of insurance. We/Us/Our eCar insurance Great Britain England/Scotland and Wales. United Kingdom Great Britain, Northern Ireland, Isle of Man and the Channel Islands. Territorial Limits Great Britain, Northern Ireland, the Isle of Man, The Channel Islands, the Republic of Ireland, Andorra, Austria, Belgium, Croatia, Cyprus, Denmark, Estonia, France (including Monaco), Finland, Germany, Greece, Hungary, Iceland, Italy (including San Marino and the Vatican City), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, The Netherlands, Norway, Poland, Portugal, Spain, Sweden, Switzerland, the Czech Republic, Slovakia, Slovenia and Gibraltar. Schedule The schedule should be read in conjunction with the policy. It provides details of Your Car, cover, Endorsements, premium and any Excess that may apply to your policy.

Period of Insurance The period of time covered by this policy as shown in the schedule. Excess The amount of any claim You will have to pay if Your Car is lost, stolen or damaged. Endorsement A wording that changes the terms of your policy. Statement of Fact A record of statements that You have made and information You have confirmed to Us which forms the basis of Your contract of insurance. Accessories Parts of Your Car that are not directly related to how it works as a vehicle. This includes radio, cassette, disc player or similar component, that forms part of Your Car. Fire Fire, self ignition, lightning and explosion. Theft Theft or attempted theft or the taking of Your Car without permission. Trailer Any drawbar Trailer, semi-trailer, horsebox or caravan. Market value The cost of replacing Your Car with one of similar type and condition.

Policy Cover Index

Cover	Operative Sections
Comprehensive	All sections of this policy apply
Third Party Fire and Theft	Section 2, 4, 5, 7 & 8. Section 1 only applies for loss or damage caused directly by Fire or Theft
Third Party Only	Sections 2, 4, 5, 7 & 8 apply

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Part B - Your Legal Expenses Policy

Introduction

Welcome to Your Legal Expenses Policy. In order to make sure You get the most from your cover, please take time to read the policy. It explains the contract between You and Us. If You have any questions or would like more information, please contact eCar Insurance.

Definition of Terms

We/Us/Our Angel Assistance Limited of Pinesgate, Lower Bristol Road, Bath, BA2 3DP acting on behalf of IGI Insurance Company Limited, Market Square House, St James’s Street, Nottingham, NG1 6FG the underwriters of this policy. You/Your The person named as the Policyholder in the schedule of cover. Insured Person You and any other person authorised by You to drive or to be a passenger in or on the Insured Vehicle. Insured Vehicle Any motor vehicles You own or for which You are legally responsible including any caravan or trailer properly constructed to be towed by such vehicle and attached to it by normal means. Approved Charges Any liabilities incurred by an Insured Person under schemes We have approved for the provision of services reasonably required as a consequence of a Qualifying Accident and where We have consented in advance to such services being provided. Approved Service Provider Any party with whom You incur Approved Charges. Policy Claim An Insured Person’s request for indemnity under this policy. Claim An Insured Person’s claim for compensation resulting from a Qualifying Accident. Approved Lawyer A Solicitor, Counsel or Claims Handler whom We approve, appointed under the terms and conditions of this policy to pursue the Claim. Legal Costs Legal costs and disbursements of civil proceedings limited to amounts which are or would be allowed on a detailed assessment where costs are payable by one party to another under the Civil Procedure Rules or any other rules which replace them from time to time.

Your Costs Legal Costs of pursuing the Claim (before or after the issue of proceedings), reasonably incurred with the Approved Lawyer and with Our prior written consent. Another Party’s Costs Legal Costs which an Insured Person is ordered by a Court to pay to Another Party or which are agreed by Us in a negotiated settlement. Period Of Insurance The period of cover not exceeding 12 months shown in the schedule of cover. Territorial Limit Any member state of the European Union, Switzerland or Norway except where the Policy Claim is for Approved Charges in which case it is the United Kingdom of Great Britain, Northern Ireland, excluding the Channel Islands and the Isle of Man. Qualifying Accident An accident occuring within the Territorial Limits during the Period of Insurance which causes loss or damage to an Insured Vehicle or its contents or injury to an Insured Person, which We reasonably believe could be shown to have been caused to a greater extent by the fault of Another Party than by the fault of the Insured Person except for a Policy Claim for Approved Charges in which case We must reasonably believe it could be shown to have been caused solely by Another Party. Another Party The driver(s), owner(s) or any other person(s) responsible for any vehicle insured against third party risks (other than the driver of the Insured Vehicle) or any other party(ies) so insured. Relevant Occurrence A potential Qualifying Accident. Prospects of Success The likelihood that a Claim will result (whether by court order or negotiation) in an Insured Person receiving an award of compensation which (after taking into account the likely contributions to be made to Your Costs by Another Party) is more than the cost of pursuing it. Limit of Indemnity In respect of each Qualifying Accident the sum of £100,000.

What is Insured

We agree to indemnify an Insured Person for:

1. Approved Charges when they are required to pay them if not by then recovered from Another Party
2. Your Costs which, after using reasonable endeavours, are not recovered from Another Party;
3. Another Party’s Costs subject in each case to the terms and conditions of this policy and the Limit of Indemnity.

What is Not Insured

1. A Policy Claim where any of the following apply:
   1. at the time of the Qualifying Accident the Insured Vehicle is being driven in circumstances constituting a criminal offence (whether or not prosecution ensued) and We consider that the Claim has been prejudiced as a result; or
   2. one Insured Person wishes to claim against another; or
   3. the Insured Person’s motor insurer repudiates the motor policy covering the Insured Vehicle or refuses indemnity; or
   4. the Insured Person in Our reasonable opinion prejudices any Claim; or
   5. the Insured Person unreasonably fails to accept the advice of the Approved Lawyer
2. Any liabilities incurred by an Insured Person arising from a Claim or counterclaim against them whether or not resulting from a Qualifying Accident (this is either the responsibility of the Insured Person or their motor insurer).
3. Any liabilities which can be recovered under any other insurance.
4. Fixed penalties, fines and punitive damages awarded against an Insured Person.

Conditions Which Apply to This Policy

For the purpose of these conditons any reference to You or Your shall be deemed to include any Insured Person.

1. YOU MUST:

1. observe all the terms and conditions of this policy as a condition precedent to You being entitled to any indemnity;
2. notify Us within 90 days of the Relevant Occurrence and promptly provide Us (in writing if requested) with full details of both it and, if You wish to make one, the Policy Claim;
3. take reasonable steps to minimise the amount claimed under this policy;
4. notify Us immediately in writing if
   1. Your address changes; or
   2. You become aware that as a result of the Qualifying Accident civil or criminal legal proceedings may be issued against You;
5. send Us or the Approved Lawyer all letters, notices and communications You receive regarding the Claim;
6. comply fully with the terms and conditions of the agreement with any Approved Service Provider and cooperate with them, Us and the Approved Lawyer;
7. disclose to Us promptly all information We request concerning the Claim and instruct the ApprovedLawyer to do the same;
8. have Your Costs or Another Party’s Costs taxed, assessed or audited, if requested to do so;
9. tell Us or the Approved Lawyer at once of all offers You receive to settle all or part of the Claim and not accept any offer without Our written consent;
10. attend Court if requested to do so;
11. always act in good faith with Us, any Approved Lawyer and any Approved Service Provider;
12. pursue diligently both the Claim and a claim for your costs;
13. do and instruct the Approved Lawyer to do anything else We may reasonably require;
14. pay Us any monies You receive in respect of sums which We have paid under the terms of this policy and, but only in the event that the Approved Lawyers do not refund it to Us, any monies paid on account of Your Costs in excess of Your Costs paid by Another Party from any other sums You receive.

2. WE MAY:

1. even before
   1. full and final settlement of a Claim or
   2. any payment is made hereunder, or
   3. after payment of a sum pursuant to clause 2c.
   exercise all rights and causes of action accruing to You and take over and conduct in Your name the prosecution, persuit or settlement of any Claim and/or the defence of any claim made against You arisingout of a Qualifying Accident;
2. refuse any further indemnity if You do not accept what is a reasonable offer to settle a Claim;
3. pay You all or part of the amount of a Claim and if so, We may choose whether or not to pursue recovery of that sum;
4. cancel this insurance by giving You 21 days written notice and refund an appropriate proportion of the premium; this will not affect any Claims being handled by the Approved Lawyer before cancellation;
5. settle a claim on such terms as We consider fit even if this means that You are unable to pursue losses arising from the Insured Incident if:
   1. You fail to give instructions to Us or the Approved Lawyer despite three written requests; or
   2. You default in one of the situations set out in condition 3. below;
6. at Our discretion enter into arrangements with an Approved Lawyer under which they may render and We will pay interim bills in respect of Your Costs.

3. REFUSING INDEMNITY

If:

1. It becomes apparent that any of this policy’s exclusions apply; or
2. You do not comply with the conditions of the policy; or
3. We consider that You have mislead Us, the Approved Lawyer or any Approved Service Provider; or
4. We reasonably consider that You have failed to disclose any material facts; or
5. You become bankrupt or are unable to give instructions for any other reason

We shall be entitled to refuse indemnity under this policy or, in the case where a default under (a) or (b) above relates only to a single Qualifying Accident, to refuse indemnity for that Qualifying Accident, We shall write to You, giving you reasons. You shall immediately pay Us for any liabilities We have incurred or which We consider We shall incur; We shall be released, as between You and Us, from any obligation to make any, or any further payment, on Your behalf.

4. INSUFFICIENT PROSPECTS OF SUCCESS

If at any time We consider a Claim has insufficient Prospects of Success or Your interests can be better served by other means We shall write to You explaining Our decision and We will not be required to make any further payment in respect of Legal Costs. If there is no barrister’s opinion which supports Our view then within seven days of receiving Our letter You may write asking Us to obtain one at Your expense. If that opinion does not support Our view We will continue the indemnity for Legal Costs and pay the cost of the opinion.

5. ADDITIONAL CONDITIONS APPLICABLE TO CLAIMS FOR LEGAL COSTS

Without restricting Our rights in General Condition 2a, You must instruct Our choice of Approved Lawyer up to the time when legal proceedings are in prospects, but if We agree to these taking place You may at any time prior to the issue of proceedings nominate a solicitor who will agree to comply with Our standard terms of instruction to be the Approved Lawyer. In making Your nomination You must have regard to the duty to keep the costs of Your Policy Claim to a minimum. We may then either ask You to nominate an alternative or offer you a choice of at least three other solicitors.

We will notify you promptly if at any time We consider Our interests conflict with Yours and You will then be able to nominate a solicitor in accordance with this paragraph.

6. ARBITRATION

If there is a dispute between You and Us relating to this policy, either side may refer it to the arbitration of a single arbitrator who will be either a solicitor or a barrister, to be agreed between Us; failing agreement, the Law Society shall name an arbitrator whose decision shall be final and binding on both sides. The arbitration will be governed by the rules set out in the Arbitration Acts then in force.

7. STATUTORY RIGHTS OF CANCELLATION

Statutory rights of cancellation apply: to exercise these rights contact your original point of purchase.

8. JURISDICTION

This policy will be governed by English Law and You and We submit to the exclusive jurisdiction of the English Courts.

How To Make A Claim

If You have a claim, please ring to tell Us about it as soon as possible and within 6 months of Your accident. Telephone 0800 854 263 to report Your claim.

If You are involved in an accident, remember to write down as many details as possible, including the names and addresses of anyone who may have seen the accident.

How To Complain

We will always try to give You a quality service. If You think We have let You down, We have internal complaint handling procedures. A copy of these is available on request. Please address all complaints to Our Managing Director at Head Office, who will direct the complaint to the head of the relevant department(s).

Our Head and Registered Office is:

Angel Assistance Limited,
Pinesgate,
Lower Bristol Road,
Bath,
BA2 3DP

Alternatively, You can contact the Underwriters by writing to

The Managing Director,
IGI Insurance Company Ltd,
Market Square House,
St James’s Street,
Nottingham,
NG1 6FG,
Telephone number 0115 941 1022

If the complaint cannot be resolved, You can refer it to the Financial Ombudsman Service.

IGI Insurance Company Ltd. are covered by the Financial Services Compensation Scheme (FSCS). Depending on the circumstances You may be entitled to compensation from the scheme should they be unable to meet their obligations.

Angel Assistance Limited is authorised and regulated by the Financial Services Authority, registration number 311857.

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Part C - Your Breakdown Assistance Policy

Please note: Part C is only applicable if indicated in your schedule

Introduction

Welcome to Your Breakdown Assistance Policy. In order to make sure You get the most from Your cover, please take time to read the policy. It explains the contract between You and Us. If You have any questions or would like more information, please contact eCar Insurance.

Definition of Terms

We/Us/Our Southern Rock Insurance Company Limited You/Your The person who has taken out this policy Insured Person(s) You, and any passenger or driver who is in the Vehicle with Your permission at the time of the Breakdown. Vehicle The Vehicle(s) listed on Your Certificate of Insurance. Cover extends to include any caravan or trailer attached to the Vehicle at the time of the Breakdown. The Vehicle, excluding any caravan or trailer, must not weight more than 3.5 tonnes gross vehicle mass or be over 5.5 metres (18 feet) in length, or over 2.3 metres (7 feet 6 inches) wide. Any caravan or trailer attached to the Vehicle must not exceed 7.6 metres (25 feet) in length.

Territorial Limit The United Kingdom of Great Britain and Northern Ireland, the Isle of Man and the Channel Islands. Breakdown Mechanical or electrical failure; or Accidental damage, or damage caused by vandalism, fire, theft or attempted theft which renders Your Vehicle immobile. Period of Cover The period shown in Your schedule and for which You have paid the premium.

Cover Provided

You are covered for the assistance services in this policy for a maximum of six Breakdowns during the Period Of Cover if You have paid Your premium. We agree to provide the assistance services in this policy keeping to the terms, conditions and exclusions as long as the Breakdown happens during the Period Of Cover and within the Territorial Limits. After We have dealt with Your sixth Breakdown, Your policy becomes void.

Assistance Services Under This Policy

1. Emergency roadside repairs and home breakdown

We will pay the call-out charge and up to one hour’s labour costs for one of Our approved agents to attend the scene of the Breakdown and, where possible, carry out emergency repairs.

2. Vehicle recovery

If Your Vehicle cannot be repaired within one hour at the scene of the Breakdown, We will pay for the cost of transporting Your Vehicle and Insured Person(s) to a single destination, being either:

1. a suitable repairer; or
2. if the Insured Person wishes, their home address, provided it is nearer.

3. Getting You to Your destination

If Your Vehicle cannot be repaired on the same day as the Breakdown, We will either:

1. pay the cost of transporting Your Vehicle or Insured Person(s) or both to a destination(s) within the Territorial Limit provided that the Insured Person(s) are transported to the same destination; or
2. arrange transport for the Insured Person(s) to travel to a hotel. You will have to pay for the costs of this, and the hotel costs, but We will reimburse You up to £50 per person per night for the accommodation. The most We will pay for transport to the hotel and the cost of hotel accommodation is £300 for any one Breakdown. You must pay the hotel bill, but We will pay You back on receipt of the relevant bill(s) subject to the £300 limit for any one Breakdown.

Conditions

1. We will pay a maximum of £300 for any one Breakdown.
2. You must send Us all the relevant invoice(s) before We will reimburse You.

At all times We decide on the best way of providing help.

4. Emergency message service

When You claim for any of the services detailed in 1,2 or 3 above We will forward a message to a member of Your family, friend or work colleague if You would like this.

What Is Not Covered

1. The Breakdown of Your Vehicle:
   • Within the first 48 hours from the date of Your application if cover commences at any time other than inception or renewal of the insurance policy to which this cover is attached; or
   • If it has knowingly been driven in an unsafe or unroadworthy condition; or
   • Which has resulted from lack of oil, fuel or water; or
   • Which occurs while Your Vehicle is being used for motor racing, trials or rallying or for hire or reward.
2. The cost of:
   • Storage charges. You will be responsible for any Vehicle storage charges incurred when You are using Our services; or
   • Spare or replacement parts, fluids or fuel or any other materials used in repairing Your Vehicle; or
   • Any other repairs except those at the scene of the Breakdown; or
   • Replacing broken windows or keys or finding missing keys; or
   • Ferry crossings, parking charges, fines or toll charges.
   • Replacing a wheel if Your Vehicle does not have a servicable spare wheel; or
3. Any charges arising from an Insured Person’s failure to comply with Our instructions or Our approved agents’ instructions in respect of the assistance being provided.
4. Any costs incurred before You have notified Us of the Breakdown.
5. Any Vehicle which cannot be recovered by a standard trailer or transporter.
6. The recovery of a caravan or trailer on tow which exceeds 7.6 metres (25 feet) in length.
7. Breakdowns caused by, contributed to by or arising from:
   • Ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from burning nuclear fuel; or
   • The radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear part of it; or
   • War, invasion, foreign enemy hostilities (whether war is declared or not), civil war, rebellion, revolution, military force or coup; or
   • Pressure waves caused by aircraft or any other airborne devices travelling at sonic or supersonic speeds.

Conditions Which Apply To This Policy

1. An Insured Person must keep to the terms and conditions of this policy.
2. At all times during the Period Of Cover, the Vehicle must be maintained in a roadworthy condition and regularly serviced.
3. We can cancel Your Policy at any time by sending You not less than 7 days notice by recorded delivery to Your last known address. We will reimburse You on a pro rata basis the premium for the Period of Insurance still remaining.

   We will always cancel your policy after We have dealt with Your sixth claim in the Period Of Insurance. If Your Policy is cancelled because We have covered You for six Breakdowns in the Period Of Cover, We will not refund any premium You have paid.

   You have the right to cancel Your Policy during a period of 14 days either from the day of purchase of the policy or the day on which You receive Your policy documentation, whichever is later.

   If you have not made a claim within the first 14 days and decide to cancel we will refund the premium you have paid subject to a deduction for the time You have been covered and for any cost incurred by Us in issuing the policy.

   If you make a claim within the first 14 days and decide to cancel, you will not be eligible for any refund.

   If you cancel Your Policy after 14 days, no refund will be applied.

4. An Insured Person must be present with the Vehicle when the approved agent arrives.
5. We will make every effort to provide the service at all times, but We will not be responsible for any liability arising from the breakdown of the service.
6. The transportation of any animal or livestock is undertaken solely at Our discretion and We accept no liability for the safety or welfare of any animal or livestock during its transportation.
7. We will not be responsible for any consequential loss in connection with a Breakdown, no matter how it is caused.
8. We will not pay any claim covered under any other policy, or any claim that would have been covered by any other policy if this policy did not exist.
9. This policy is governed by English law..

How To Claim

We are here to help You 24 hours a day, 365 days a year.

In the event of a Breakdown, call Our Motor Assistance helpline on 0808 168 0752 and provide the following information:

• Policyholder’s name.
• Registration number of the Vehicle.
• Make, model and colour of the Vehicle.
• Nature of the Breakdown and location of the Vehicle.

An operator will arrange for one of Our approved agents to come to Your assistance as quickly as possible. It is important to contact Our helpline as soon as possible after the Breakdown. We will not cover any call outcharges and labour costs unless We have given Our agreement.

All telephone calls to Us are monitored and recorded as part of Our training and quality assurance programmes.

When We Cannot Help

Our approved agents cannot work on Your Vehicle if it is unattended.

Please do not arrange assistance before We have agreed, if You do We will not pay the costs involved.

How To Complain

We will always try to give You a quality service. If You think We have let You down, We have internal complaint handling procedures. A copy of these is available on request. Please address all complaints to Our Managing Director at Head Office, who will direct the complaint to the head of the relevant department(s).

Our Head and Registered office is:

Southern Rock Insurance Company Ltd,
Suite 2B,
Eurolife Building,
1 Corral Road,
Gibraltar

If you are still not happy, You can contact the Financial Ombudsman Service at:

South Quay Plaza,
183 Marsh Wall,
London,
E14 9SR
Telephone: 0845 080 1800

Southern Rock is authorised and regulated by the Financial Services Commission and is a member of the Association of British Insurers.