1 Yur DirectAsia.cm cmprehensive car insurance plicy details Thank yu fr chsing DirectAsia.cm cmprehensive car insurance. we have made this plicy simple and straightfrward s that yu can understand what we cver and what we d nt cver. Direct Asia Insurance (Hng Kng) Limited 豐 亞 保 險 ( 香 港 ) 有 限 公 司 (Cmpany Reg. N ) 1101, 11/F Allied Kajima Building 138 Glucester Rad Wanchai Hng Kng HKCarCmpVers1.4:14Mar2014 1
2 cntents 1 yur DirectAsia.cm cmprehensive car insurance plicy 2 where we cver yu 3 yur benefits 4 what we d nt cver 5 hw much yu have t pay if yu make a claim - yur ecess 6 accidents and claims 7 discunt n premium yur n claim discunt 8 what yu need t d 9 keeping yur DirectAsia.cm cmprehensive car insurance up t date 10 custmer care 11 questins and feedback 12 definitins HKCarCmpVers1.4:14Mar2014 2
3 1 > yur DirectAsia.cm cmprehensive car insurance plicy Yur DirectAsia.cm cmprehensive car insurance plicy tells yu what yu need t knw abut yur cmprehensive car insurance. We eplain yur DirectAsia.cm cmprehensive car insurance, what happens if yu have t make a claim and what yu need t d when yu insure with DirectAsia.cm. At any time, if yu encunter any difficulty r have any questins abut yur cver r yur plicy, yu can visit us at us at r call us n imprtant ntice Befre we prvide cver, yu must fully and faithfully tell us everything yu knw r culd reasnably be epected t knw that is relevant t ur decisin t give yu the insurance, therwise yu may receive n benefit frm yur plicy. yur plicy Yur DirectAsia.cm cmprehensive car insurance plicy is a cntract between yu and us and is made up f the infrmatin and any declaratins submitted by yu t us, the terms and cnditins f use set ut in r n ur DirectAsia.cm website, yur certificate f insurance, the plicy schedule, these plicy details and any ther written change t these dcuments that is advised by us in writing (such as an amendment). Tgether we will call these dcuments yur DirectAsia.cm cmprehensive car insurance plicy r yur plicy. Yur plicy is prf f the cntract between yu and us. It is based n the infrmatin given by yu r fr yu when yu applied fr this insurance. This infrmatin is shwn n yur certificate f insurance and the plicy schedule. We will take it that yu prmise that the infrmatin yu have given us is true. Yur DirectAsia.cm cmprehensive car insurance plicy cvers the car described n yur certificate f insurance and yur plicy schedule and in these plicy details we will call it yur car. Yu will nt be cvered fr anything that is nt described n yur certificate f insurance r yur plicy schedule. In rder t be cvered under this DirectAsia.cm cmprehensive car insurance plicy, the plicyhlder must be the legal and registered wner f the car described n yur certificate f insurance. If the plicyhlder is nt the legal and registered wner f that car then yu and that car will NOT be cvered under this plicy. Subject t payment f yur premium, yur plicy will becme effective n the date specified in yur plicy schedule and cntinue fr the perid f cver specified n yur plicy schedule, ending at 23:59 standard Hng Kng time n the last day f the perid f cver. Please read carefully the certificate f insurance, the plicy schedule and these plicy details t make sure all the infrmatin in yur plicy is cmplete and crrect. If yu need t change anything, please cntact us immediately. The eceptins, eclusins, sums insured, limits and payment requirements described in these plicy details apply t all sectins f yur plicy. T the etent permitted by law, yu will receive yur plicy electrnically. There may be sme dcuments that we cannt deliver electrnically due t legal and technlgical cnstraints. These will be psted t yu. Yu are advised t keep yur certificate f insurance in yur car at all times as this is required under Hng Kng law. Yur plicy uses wrds that have definite meanings. T make sure that yu are aware f these wrds and their meanings, please read the list f definitins set ut in sectin HKCarCmpVers1.4:14Mar2014
4 yur duty t tell us The insurance cver under yur plicy is based n the infrmatin yu have given t us. When we agree t insure yu, t renew r vary yur plicy, r t pay yur claim, ur decisin relies n the accuracy f the infrmatin yu give us. If that infrmatin is nt accurate, we can reduce r deny any claim yu make. We can als cancel yur plicy and treat it as if it had never eisted. T avid any cancellatin f yur plicy r nnpayment f yur claim yu must answer hnestly, crrectly and cmpletely the questins we ask abut: yu; any ther peple wh drive r will drive yur car; yur car; the driving and insurance histry f yu and any ther peple wh drive r will drive yur car; and any events invlving yur car that result in a claim n yur DirectAsia.cm cmprehensive car insurance plicy. Yu must cmply with: us. Yu shuld be aware that we can nly cnsider autmatic renewal when: yu have made us aware f and we have accepted any changes t yur plicy details; the credit card details given t us by yu have nt changed; and there are n utstanding payments r ther breaches f yur plicy. Unless we hear t the cntrary, we are entitled t assume that the details prvided by yu t us have nt changed and that yu have the cnsent f the credit card hlder. We may then autmatically debit the credit card we have n file with the renewal premium. Yu may pt ut f autmatic renewal at any time by writing t us at least 14 days befre the epiry f yur plicy. wh we are DirectAsia.cm cmprehensive car insurance in Hng Kng is issued by Direct Asia Insurance (Hng Kng) Limited 豐 亞 保 險 ( 香 港 ) 有 限 公 司 (C. N: ) f 1101, 11/F, Allied Kajima Building, 138 Glucester Rad, Wanchai, Hng Kng. 2 > where we cver yu all f the terms and cnditins in yur DirectAsia.cm cmprehensive car insurance plicy; any amendments t yur DirectAsia.cm cmprehensive car insurance plicy; and all f the terms and cnditins set ut n r in ur DirectAsia.cm website and which are and shall be deemed t be incrprated by reference in these plicy details. We cver yu where yur car is registered in Hng Kng and is being driven in the territries f Hng Kng including its territrial waters fr the purpse f transit f yur car by sea by a craft designed fr the carriage f mtr cars. This is what we call the cvered area. 3 > yur benefits at renewal In rder t ffer yu cntinued cver n yur plicy, we may renew yur plicy autmatically at the premium and n the terms determined by yur plicy cver Yur final plicy cver depends n what type f DirectAsia.cm cmprehensive car insurance yu chse and is subject t the things that we d nt cver as described in these plicy details. 4 HKCarCmpVers1.4:14Mar2014
5 In additin t ur cre cver described belw, there are a number f ptinal benefits which yu can chse t take. These are als described belw. The ptinal benefits described in yur plicy will nly cver yu if yu have selected and paid fr them and they are shwn n yur plicy schedule. Yur plicy cver and ability t claim are subject t payment by yu f the ttal premium including the premium levy required t be paid by us t the Mtr Insurers Bureau. This amunt will be shwn n yur invice. Yur plicy cver and ability t claim are als subject t the payment by yu f any amunt required t be paid that is applicable t the accident r lss that has ccurred (yur ecess). The amunts f all types f ecess that may be payable by yu are set ut in these plicy details and/r n yur certificate f insurance and yur plicy schedule. All limits and amunts that may be payable by us t yu r as shwn in these plicy details, n yur certificate f insurance and n yur plicy schedule are in Hng Kng dllars. imprtant nte Yur DirectAsia.cm cmprehensive car insurance plicy nly cvers: yu, the plicyhlder; the named main driver wh must be n mre than 70 years f age; and up t 4 ther named drivers wh must be named n yur certificate f insurance and plicy schedule; and any ther driver wh is permitted t drive yur car and whse licence has nt been cancelled r suspended at any time in the 5 years immediately preceding the date f yur plicy. If any authrised driver wh is unnamed has an accident while driving yur car, yu will be required t pay us the unnamed driver ecess in additin t all ther ecesses that are required t be paid by yu. See sectin 5 fr mre details n ecesses payable by yu. select the type f use fr yur car When yu purchase yur DirectAsia.cm cmprehensive car insurance plicy, yu will be able t select the type f usage fr yur car as fllws: Usage private use private use + cmmuting t wrk private + business use Descriptin fr private r leisure use nly. Yu d nt use yur car t cmmute t r frm wrk r fr any business visits r business appintments but yu may use yur car t send yur children t schl r fr any ther daily rutine which is nt wrk related. fr private r leisure use and cmmute t r frm wrk. Yu d nt use yur car fr any business visits r business appintments but yu may use yur car during lunch time t meet with business clleagues. in additin t the uses permitted under private use + cmmuting t wrk, yu als use yur car fr and during the curse f yur wrk. As part f yur DirectAsia.cm cmprehensive car insurance plicy, we will allw yu t use yur car utside f yur declared usage up t a maimum f 5 times per year. The nly cnditin we impse is that yu must infrm us by calling us n r by at r in writing prir t that ther usage ccurring. Yu will nly be cvered under yur DirectAsia.cm cmprehensive car insurance plicy when yur car is being used in accrdance with the type f usage selected by yu and declared t us. In these plicy details we call this yur declared usage. 5 HKCarCmpVers1.4:14Mar2014
6 If yu want t change yur declared usage at any time during the perid f insurance, yu have t tell us immediately s that we can decide if we will make the necessary change and if we d, we may amend any terms and cnditins f yur plicy and recalculate the premium required t be paid by yu. If yur car is invlved in an accident and yur car was at the time f the accident being used fr a purpse ther than the declared usage, yu will be required t pay an additinal ecess f $10,000 fr any type f claim. If yu have nt hnestly declared t us the type f usage that yu will r d make f yur car then withut in any way affecting any ther rights we might have and if yur car is invlved in an accident then any claim that yu make will be reduced by us in ur sle discretin by the same percentage prprtin as is represented by the percentage difference between the premium actually paid by yu fr this plicy and the premium that shuld have been paid by yu had yu hnestly declared t us the crrect usage fr the car. yur available cre DirectAsia.cm cmprehensive car insurance cvers Described belw are details f the cre DirectAsia.cm insurance cvers that a DirectAsia.cm cmprehensive car insurance plicy will prvide yu. These cvers are subject t payment by yu f yur premium and t any limits and ecess that are detailed in these plicy details, n yur certificate f insurance and n yur plicy schedule. cverage fr yur car wn damage cllisin We will cver yu fr the cst f repairing yur car up t the reasnable market value f yur car when it is damaged in a cllisin, whether it is yur fault r nt. fire and vandalism HKCarCmpVers1.4:14Mar We will cver the cst f repairing yur car up t the reasnable market value f yur car if it is damaged by fire r if it is maliciusly damaged r vandalised. damage caused by strm, water r acts f gd We will cver the cst f repairing yur car up t the market value f yur car if it is damaged by an act f gd, a strm (including lightning), fld r ther water damage. ttal lss and theft If: we decide that yur car is s badly damaged that it wuld nt be safe r ecnmical t repair it; r yur car has been stlen, we will pay yu the reasnable market value f yur car at the time f the accident r lss. We will be entitled t all scrap and salvage value f the car. Once we agree t pay yu fr ttal lss f yur car, yur DirectAsia.cm cmprehensive car insurance plicy will immediately terminate and yu will need t return t us the riginal certificate f insurance. This is required by Hng Kng law. In this event, we will retain the damaged car and require yu t sign all dcuments and frms necessary t transfer wnership f yur car t us r as we direct. We have the right t appint a salvage agent r wreck buyer f ur chice. accessries and spare parts fr yur car We will cver yu fr accessries and spare parts fr yur car prvided that the accident, lss r theft is cvered by yur plicy, that these accessries are fitted as standard equipment by the maker r distributr at the time yur car was riginally purchased and they were n yur car at the time f the accident, lss r theft. We can decide whether t replace r repair these items r pay yu the cst t d this.
7 If there is lss r damage t yur car r its accessries and spare parts requiring a part that cannt be btained frm stcks in Hng Kng, we can pay yu the cash equivalent f the amunt f the lss r damage, with ur liability being limited t: the price quted in the latest catalgue r price list issued by the maker r its agents in Hng Kng r if there is n such catalgue r price list, the price last btained at the maker s wrks plus the reasnable cst f transprt and the amunt f the relative imprt duty; and the reasnable cst f fitting such part. We will nt pay fr transprtatin f the relevant accessry r spare part by air. windscreen and windw damage We will pay yu fr the full replacement r repair cst f yur car s windscreen r yur car s windws if there is n ther damage t yur car. Under this windscreen damage cver we will nt pay fr damage t sun rfs, any ther glass panels fied t the rf f yur car r fr any mirrr fitures in r n yur car. We als will nt pay fr repairs t r replacement f yur windscreen r ther glass panels (including windws and sun rfs) due t scratches. Payment by us f a windscreen r windw damage claim will nt affect yur n claim discunt but the ecess shwn n yur plicy schedule will be payable by yu if yur car s windscreen r any windw is replaced. N windscreen ecess is payable if yur car s windscreen r any windw can be and is repaired. twing If yur car cannt be driven because f damage that we cver yu fr, then we will pay the reasnable cst f twing yur car t the nearest repairer t the lcatin where the damage ccurred. The maimum amunt payable by us under this cver is $2,000. repairs authrised by yu HKCarCmpVers1.4:14Mar We will permit yu t authrise repairs t yur car as a result f an accident r damage that we cver withut first having t agree this with us. This permissin nly applies t repairs up t a maimum amunt f $2,000 after yu have paid the ttal aggregate ecess amunts applicable. Yu must send us a detailed qute r receipt (in a frm acceptable t us) fr these repairs befre we will pay yur claim. liability t ther peple and ther peple s prperty death r injury t a persn third party death r bdily injury When the use f yur car by yu r by any authrised driver causes death r bdily injury t a third party, we will cver yu r the authrised driver fr any legal liability arising frm any such accident. The maimum limit f any cverage is $100,000,000. We als cver yu fr legal liability fr the death r bdily injury f a third party caused by the actins f yur passengers while they are getting in r ut f yur car. We will als cver claims fr the death r bdily injury fr passengers wh were in (r wh were getting in r ut f) yur car at the time f the accident. Our cver is inclusive f all liability fr interest, csts and epenses indemnified under yur plicy and all ther csts and epenses incurred by r n behalf f yu, yur authrised driver r any ther persn. We d nt cver: any claims fr death r bdily injury sustained by yu while driving yur car r sustained by yur authrised driver while driving yur car; and/r any claims fr death r bdily injury sustained by any persn emplyed by yu r yur authrised driver if such death r bdily injury arises ut f and/r in the curse f such emplyment. damage t anther persn s prperty third party prperty damage
8 We will cver yu t a maimum amunt f $2,000,000 inclusive f all csts (including legal csts) if: yu damage smene else s prperty as a result f a cllisin arising ut f the use f yur car; and/r a passenger in yur car damages smene else s prperty as a result f getting in r ut f yur car. We will nt cver claims fr lss r damage t: any items n r in yur car whether r nt this prperty is wned by yu r wned by any ther persn; and any prperty wned by yu which is damaged as a result f a cllisin arising ut f the use f yur car whether driven by yu r any ther persn. legal csts criminal charges If there is an accident which results in the death f r bdily injury t a third party and which is cvered by yur plicy, we have the ptin entirely at ur discretin t arrange fr legal representatin and/r t pay all r sme f the reasnable legal csts and/r epenses t defend r represent yu r any authrised driver cvered by yur plicy against any criminal charges that may be brught against yu. If yu decide t appint yur wn lawyer t defend yu, we must agree t all legal csts and/r epenses befrehand. If we agree t pay such legal csts and/r epenses we will advise yu f the etent t which we will prvide such assistance. The maimum amunt payable by us fr this cver is $15,000. We will nt pay fr legal csts and/r epenses t defend yu r an authrised r named driver where yu r that authrised driver has been charged with r cnvicted f dangerus driving, causing grievus bdily harm by dangerus driving, causing death by dangerus driving r murder. Yu must reimburse us fr any legal csts and/r epenses that have been paid by us n yur behalf. HKCarCmpVers1.4:14Mar DirectAsia.cm cmprehensive car insurance cver - yur ptinal benefits DirectAsia.cm cmprehensive car insurance gives yu the chice t add etra insurance cver t the cre cmprehensive car insurance we have described abve. These ptinal benefits are described belw and are subject t payment by yu f yur premium and t any limits and ecesses that are detailed n yur plicy schedule. These ptinal benefits are nly applicable t yu if they are stated n yur plicy schedule. my wrkshp Unless yu take the my wrkshp cver, all repairs t r replacement f parts f yur car resulting frm any damage cvered under yur plicy must be carried ut at ne f DirectAsia.cm s apprved wrkshps. If yu take the my wrkshp cver yu can chse any wrkshp in Hng Kng t repair yur car. my camera If yu take ur my camera cver yu must install and keep installed an in-car camera in a manner and f a type and quality acceptable t us. Yu must keep this camera in gd wrking rder and cnditin during the term f yur plicy. Fr yu t btain the benefits under this cver, yu are required t prvide us n demand with the relevant phtgraphic recrd and vide f any accident that yur car is invlved in. If yu d nt d this r unless we in ur sle pinin determine that there was a camera r recrding fault beynd yur cntrl, yu must pay us $10,000 by way f additinal ecess fr any claims made by yu in respect f any such accident. my anti theft devices If yu take ur my anti theft devices cver yu must install and keep installed an alarm r ther frm f anti theft device in a manner and f a type and quality acceptable t us. Yu must
9 keep this device in gd wrking rder and cnditin at all times during the term f yur plicy. my accessries If yu take ur my accessries cver then fr any lss r damage: There is ne main requirement and that is that the bdily injury must be a direct and immediate result f the accident invlving yur car. Payment by us f these medical epenses will nt affect yur n claim discunt and n ecess will be payable by yu. t specifically declared accessries nt riginally included in the manufacturer s r lcal distributr s nrmal specificatins when yur car was first registered and sld in Hng Kng; and caused by accident r theft by visible frcible and vilent entry int yur car, persnal accident If yu take ur persnal accident cver and yur car is invlved in an accident we will, subject t the limits described belw, pay the authrised driver f yur car (r yu if yu were driving yur car) at the time f the accident: we may: repair r replace the accessries that were damaged r stlen; r fr his death resulting frm that accident; r fr any bdily injury sustained by him resulting frm that accident. pay in cash the amunt f lss r damage as determined by us. We will nt cver lss r damage: There are limits n what we will pay fr death r bdily injury. These limits are the percentages described in the table belw multiplied by the amunt shwn n yur plicy schedule. caused by nrmal wear r tear, depreciatin, mechanical, electrnic r electrical breakdwns, failures r breakages, crrsin r deteriratin due t atmspheric cnditins, rusting, idisatin, declurisatin r lss r damage caused by any prcess f cleaning, restring, altering, maintaining, repairing r scratching f painted r plished surfaces; physical disability r death by injury cmpensatin - epressed as a percentage f the stated limit as shwn n yur plicy schedule death 100% t any item by its wn ignitin r eplsin; and/r caused by wilful act f negligence. medical epenses ttal and permanent lss f all sight in: bth eyes ne eye 100% 50% If yu take ur medical epenses cver and if yu (r any authrised driver) and/r any passenger f yur car suffers any bdily injury as a result f an accident while yu r any authrised driver was driving yur car, we will pay the reasnable medical epenses incurred by that persn up t the maimum amunt per persn per accident as stated in yur plicy schedule. 9 lss by physical severance at r abve the wrist r ankle f: bth hands ne hand bth feet ne ft 100% 50% 100% 50% 100% HKCarCmpVers1.4:14Mar2014
10 ne hand and ne ft arises directly r indirectly ut f intentinal self injury, suicide, attempted suicide, physical r mental defect r infirmity; r lss f sight tgether with hand r ft: ttal and permanent lss f sight in ne eye tgether with the ttal lss by physical severance f ne hand (at r abve the wrist) r ne ft (at r abve the ankle) maimum amunt payable in a perid f insurance HKCarCmpVers1.4:14Mar % 100% If mre than ne f the injuries r disabilities listed in the abve table is suffered in the same accident, we will pay the aggregate f all amunts payable up t the maimum amunt shwn n yur plicy schedule. Once we pay yu under this persnal accident ptinal benefit cver, we d nt and will nt have any further liability t the persn driving yur car at the time f the accident, t yu, t any authrised driver r t the relevant legal persnal representative f that driver, yu r f any authrised driver. There are eclusins that yur DirectAsia.cm cmprehensive car insurance des nt cver under this persnal accident ptinal benefit cver. These eclusins apply if the bdily injury r death: is caused by reasns ther than the accident invlving yur car; r ccurs mre than 3 calendar mnths after the accident; r 10 ccurs where yu (r the authrised driver) were under the influence f drugs r alchl (whether r nt belw any prescribed legal limits). Payment by us f a persnal accident claim under this cver will nt affect yur n claim discunt and n ecess will be payable by yu. lss f use If yu take ur lss f use cver and yur car is damaged in an accident that is cvered by us under yur DirectAsia.cm cmprehensive car insurance plicy, then prvided that yu claim fr the repairs required t be made t yur car under yur plicy with us we will pay yu the daily rate shwn in yur plicy schedule fr the time that yur car is being repaired fr a maimum perid f 10 days per accident. There are limits n this cver and these are: we will nly pay yu under this cver if yu have ntified us and claimed fr the damage immediately after it ccurs s that we can send an authrised surveyr t assess the damage and certify the repair perid. Our surveyr s decisin is final and will nt be negtiated; We will pay yu under this cver fr the perid starting n the day that yur car is delivered t the wrkshp fr repair until the day that the car is repaired; we will nt pay yu any amunt beynd the repair perid certified by ur surveyr even if the repairs take lnger; as lng as yur car is nt a ttal lss r is nt stlen, the maimum perid we will pay fr is 10 days per accident up t a maimum f 20 days per plicy year; and if yur car is repaired sner than epected then we will nly pay yu fr the number f days it actually tk t repair yur car. If yur car is a ttal lss, we will pay yu the daily rate up t the date we pay yur claim up t a maimum f 30 days.
11 If yur car is stlen, we will pay yu the daily rate until yur car is fund and returned t yu up t a maimum f 30 days. Payment by us f a lss f use during repair claim will nt affect yur n claim discunt and n ecess will be payable by yu. the plicyhlder is the first registered wner; the lss ccurs within the first twelve mnths f the first registratin f yur car with the Transprt Department and yur car is within the year f manufacture; n claim discunt prtectin This n claim discunt prtectin cver is available t yu if yur current n claim discunt is mre than 0% and yu have a cmprehensive car insurance plicy with us. If yu take ur n claim discunt prtectin cver, we will allw yu t keep yur current 20%, 30%, 40%, 50%, r 60% n claim discunt under yur plicy if yu make n mre than ne claim within the term f yur plicy. If yu make mre than ne claim within the term f yur plicy, then yur n claim discunt will be affected. Please read sectin 7 f these plicy details fr further details f yur n claim discunt. 24 hur breakdwn assistance If yu take ur 24 hur breakdwn assistance cver and yur car cannt be driven due t a breakdwn, we will pay yu the reasnable cst f btaining breakdwn assistance by paying the activatin r call ut fee fr such assistance. We will als pay the cst f twing yur car t the nearest repairer f yur chice if the car cannt be repaired n the spt. We d nt pay fr ther claims, lss r damage (including the cst f repairs r fr the cst f replacement parts) under this 24 hur breakdwn assistance cver. If we pay a claim under this 24 hur breakdwn assistance cver, yur n claim discunt will nt be affected and n ecess will be payable by yu. new fr ld replacement car If yur car is stlen r suffers ttal lss, we will replace yur car f the same make and mdel withut deducting any depreciatin prvided that: HKCarCmpVers1.4:14Mar the eact make and mdel f yur car is readily available in Hng Kng at the time f lss; the net purchase price f the replacement des nt eceed the net purchase price f yur riginal car; and we prvide yu with prir written cnsent befre replacement. 4 > what we d nt cver As mentined in sectin 3, there are additinal things that yur DirectAsia.cm cmprehensive car insurance plicy des nt cver. fraudulent r false claims We will nt pay a claim which is in any part fraudulent, false, eaggerated r if yu r anyne acting fr yu, makes a claim in a fraudulent r false way, r where we have been given dcuments r infrmatin that are false r stlen r incmplete. ther eclusins If any ne r mre f the fllwing events ccur we will be able t refuse r reduce yur claim. We can als cancel yur plicy. driver behaviur Subject t ur bligatins under Hng Kng law, we will nt be liable fr and d nt cver lss r damage t yur car r claims against yu, authrised drivers r passengers f yur car if it was being driven by r in the cntrl f any persn, including yu, wh: was nt licensed t drive yur car;
12 was nt crrectly r validly licensed t drive yur car; was nt cmplying with the cnditins f their licence t drive yur car; has had his r her licence suspended r cancelled at any time in the 5 years immediately preceding the date f yur plicy; had a percentage f alchl in their breath, bld r urine which in ur sle pinin impaired their ability t cntrl r drive a car; and/r had a percentage f drugs in their bdy which in ur sle pinin impaired their ability t cntrl r drive a car. hw yur car is used Subject t ur bligatins under Hng Kng law, we d nt cver lss r damage t yur car r claims against yu, authrised drivers r passengers f yur car if yur car was: nt registered pursuant t the Rad Traffic Ordinance (Cap. 374) r its registratin has been cancelled; mdified withut the apprval f the Cmmissiner fr Transprt in accrdance with the Rad Traffic (Cnstructin and Maintenance f Vehicles) Regulatins r any ther relevant legislatin; in an unsafe r unradwrthy cnditin; being used t carry passengers fr hire, fare r reward; being used fr any mtr cmpetitin, rally, track day, mtr sprt race, trail, test, cntest r fr trialling at any mtr sprt venue, radway r at an ff rad 44 event (whether r nt any f these activities are legal r illegal); being tested in preparatin fr any mtr cmpetitin, rally, track day, mtr sprt race, trial, test, cntest r fr trialling at any mtr sprt venue, radway r at an ff rad 44 event (whether r nt any f these activities are legal r illegal); being used n any racing track r rads by any ther names called that are typically used fr maker s drivers days, advanced driver training r instructin, racing, pace making r similar purpses; being used n rails and nt n terra firma; being used n an airprt runway r airprt aprn areas; being used fr driver instructin r tuitin fr a fee; HKCarCmpVers1.4:14Mar being used fr eperiments, tests, trials r any demnstratin purpse; being used fr any illegal r criminal purpse r in the curse f any illegal r criminal activity; being used t carry a number f passengers r carry r tw a lad greater than that fr which yur car was cnstructed r licensed; being used t carry, mve r stre dangerus, hazardus r inflammable gds r substances that might pllute r cntaminate where such gds r substances are in quantities abve thse used fr usual dmestic purpses; being used by a persn r used fr any purpse nt shwn n yur current certificate f insurance and/r plicy schedule; being used t carry gds fr payment; and/r being used fr any purpse in cnnectin with the mtr trade. driving ther cars We d nt cver yu when yu are driving anther persn s car at the time f the accident. general eclusins These are general eclusins that apply t yur DirectAsia.cm cmprehensive car insurance plicy. We d nt pay claims fr: lss, damage and events that happen utside yur perid f insurance with us as shwn n yur certificate f insurance and/r plicy schedule; tyre damage caused by rad cuts, punctures, bursts r braking; lss that ccurs because yu cannt use yur car (including any wages r cmmissin); lss r damage that ccurs utside the cvered area; lss r damage caused intentinally by yu r by a persn acting with yur actual r implied apprval; lss r damage caused by a failure t lck r secure yur car; lss r damage caused by a failure t prtect and secure the keys r the remte lck release mechanism fr yur car;
13 lss r damage caused by r by leaving yur car in an unsafe psitin after it brke dwn, suffered accidental damage r was stlen and then fund and yu were ntified; lss r damage caused by terrrism, war, invasin, acts f freign enemies, hstilities, civil war, rebellin, revlutin, rit, affray, insurrectin r military r usurped pwer (including lss r damage caused by lting r pillaging); lss r damage caused by cntaminatin r pllutin by chemical, bilgical r nuclear r radiactive agents, weapns r materials (whether actual r threatened); lss r damage caused by actin taken by a gvernment r public authrity r any bdy authrised by gvernment r a public authrity t prevent, limit r remedy any actual r threatened release, pllutin r cntaminatin by chemical, bilgical, nuclear r radiactive agents, weapns r materials; lss r damage t yur car while n cnsignment; depreciatin r lss f the value f yur car; deteriratin, wear, tear, rust, ersin r ther frms f crrsin; aftermarket parts r accessries r nn standard parts r accessries fied t r in r n yur car unless yu have taken ur my accessries ptinal cver; repairs t eisting damage that was nt caused by r during the accident in questin; mechanical, structural, electrnic, electrical r ther failures r breakdwns whether caused by the manufacturer r therwise; the cst f fiing faulty repairs; lss r damage caused by factrs beynd ur cntrl such as the unavailability f parts and accessries; repairs carried ut withut ur prir written cnsent unless the repair amunt is within yur authrisatin limit; persnal items stlen frm yur car; repair r replacement f a whle set (fr eample, wheels) where the lss r damage is t part nly f that set; damage t data, sftware r cmputer prgrammes that is caused by a deletin, a crruptin r a defrmatin f the riginal structure; lss r damage caused when driving yur car after receiving medical advice that yur 13 ability (r that f any authrised driver) t drive yur car is impaired by that medical cnditin r by the medical treatment prescribed fr that cnditin; criminal breach f trust; and/r lss r damage (including all cnsequential lss) caused by the lawful repssessin r seizure f yur car. We shall als nt be deemed t prvide cver r be liable t pay any claim r prvide any benefit under this plicy t the etent that the prvisin f such cver, payment f such claim r prvisin f such benefit wuld epse us t any sanctin, prhibitin r restrictin under United Natins reslutins r the trade r ecnmic sanctins, laws r regulatins f the Eurpean Unin, United Kingdm r United States f America. 5 > hw much yu have t pay if yu make a claim yur ecess Befre we will pay any amunt fr a claim under yur plicy, yu are required t pay an initial amunt r initial amunts applicable t the accident r lss. In this DirectAsia.cm cmprehensive car insurance plicy, we will call each such amunt yur ecess. If yur claim is fr mre than ne accident r lss, each ecess applicable t such accident r lss will apply. These amunts are cumulative and the ttal cumulative ecess is payable by yu. In brief, the types f ecess that might apply t yu are: type f ecess wn damage when it applies and when yu have t pay this is the minimum amunt yu have t pay fr each claim made by yu and it applies t all claims where an ecess is payable. This ecess is payable in additin t any ther ecess. With HKCarCmpVers1.4:14Mar2014
14 windscreen third party prperty damage unnamed driver yung driver ineperienced driver my wrkshp DirectAsia.cm, yu als have the ptin t pay us a higher premium and reduce yur basic ecess ptentially t zer. this is the amunt yu have t pay if yu make a claim under ur damage t windscreen cver and yur car s windscreen r windw is replaced. N windscreen ecess is payable by yu if yur car s windscreen can be and is repaired. this is the amunt yu have t pay fr any third party prperty damage claim made against yu and it applies t all claims where an ecess is payable in additin t any ther ecess r irrespective f any ther ecess. this is the amunt that yu have t pay if yur car is invlved in an accident while being driven by a persn wh is nt named n yur certificate f insurance and yur plicy schedule. this is the amunt that yu have t pay if yur car is invlved in an accident while being driven by a persn wh is under the age f 25 years and wh is nt named n yur certificate f insurance and yur plicy schedule. this is the amunt that yu have t pay if yur car is invlved in an accident while being driven by a persn wh has held a driver s licence fr less than 2 years and wh is nt named n yur certificate f insurance and yur plicy schedule. this is the amunt yu have t pay if yu d nt have ur my wrkshp cver and yu chse t have yur car 14 declared usage repaired at a wrkshp f yur chice that is nt a DirectAsia.cm apprved wrkshp. This is the amunt that yu have t pay if yur car is invlved in an accident while being driven fr a purpse ther than the declared usage. The windscreen, third party prperty damage, unnamed driver, yung driver, ineperienced driver, my wrkshp and declared usage ecess amunts are all separate and cumulative ecesses payable by yu fr all claims in additin t the wn damage ecess. The amunt f each ecess will be shwn n yur certificate f insurance and/r yur plicy schedule. If we have made any payment under yur plicy that includes an ecess payable by yu, this amunt will have t be refunded by yu t us when we ask yu t d s. 6 > accidents and claims Imprtant Nte: All accidents must be reprted t us within 72 hurs r by the third wrking day after the accident and we may require that yur car be taken t ne f ur apprved reprting centres fr inspectin within this time. This reprting has t be dne by yu n matter hw small r unimprtant the damage might seem t yu, even if there is n visible damage and whether r nt yu intend n claiming frm any ther insurers r third parties. Yu shuld reprt t us within 72 hurs r by the third wrking day in the event yur car is lst r stlen. Yu can cntact us t tell us this infrmatin by r phne. Mre infrmatin cncerning what t d in the event f an accident can be fund n ur website T ensure an efficient and speedy claim prcess we will take instructin frm yu r any ther persn prvided that they are named n yur HKCarCmpVers1.4:14Mar2014
15 plicy. If yu wuld like smene else t deal with yur plicy r claim n a regular basis please let us knw. If yu give us infrmatin abut anther persn, in ding s yu cnfirm that ther persn has given yu permissin t prvide the infrmatin t us t be able t prcess that infrmatin and als that yu have tld that ther persn wh we are and that we will use that infrmatin. what yu have t d If an accident r lss ccurs that might lead t a claim being made under yur DirectAsia.cm cmprehensive car insurance plicy, yu have t d all f the fllwing: d everything yu reasnably can t limit the lss, damage r injury and t prevent further lss, damage r injury; reprt the accident r lss t us within 72 hurs r by the third wrking day f the accident r lss with yur car (ecept where this is nt pssible in the case f theft), at the apprved reprting centres; reprt the accident (if required) r lss t the plice in the cuntry where the accident r lss ccurs within 72 hurs f the ccurrence f such accident r lss; immediately send us any crrespndence yu receive abut the accident (including telling us if yu becme aware f any demand, curt prceedings (actual r threatened) r ffers f settlement; give us any infrmatin and help we may need in handling the claim, including attending curt t give evidence; and allw us t eamine and inspect the damage befre repairing yur car. Yu must d this even if yu cannt make a claim fr damage t yur car r d nt wish t make a claim fr damage t yur car under yur plicy. what yu must nt d When an accident ccurs that might lead t a claim being made against us by yu r any ther persn, yu must nt, withut ur written apprval, d any f the fllwing: HKCarCmpVers1.4:14Mar leave yur car unattended withut taking prper precautins t prevent further lss r damage in the event f an accident; drive yur car after it is damaged befre necessary repairs have been carried ut. In such event, we will nt be liable fr any further damage; carry ut repairs t yur car beynd the authrised repair limit r dispse f any damaged prperty befre we have had the pprtunity t inspect it; admit fault r liability t anyne else r negtiate, pay r settle a claim with anyne else. If an accident ccurs that causes lss, damage r injury: we may take ver and cnduct in yur name the defence r settlement f any claim against yu; we have the full right t decide n hw the defence is cnducted r a claim is settled; and we have the entitlement t represent yu at any inquest r fficial inquiry. If we pay yur claim, we have the right t take legal actin in yur name against any persn respnsible fr the lss, damage r injury. We will take this actin at ur wn epense. Yu must nt d anything that limits ur right t d this. Once we have paid yur claim up t the applicable limit, we are nt bliged t cntinue t cnduct the defence r settlement f a claim against yu by anther persn. If we decide nt t cntinue with the cnduct f the defence r settlement f claim, we will nt be respnsible fr any damage, lsses, csts r epenses incurred by yu r by any ther persn as a result f ur decisin. repairing yur car Unless yu have taken up the ptinal my wrkshp cver, yu will be a DirectAsia.cm apprved wrkshp eclusive user, and all
16 repairs t r replacements f parts f yur car resulting frm any damage cvered under yur plicy will be carried ut at ne f ur apprved wrkshps using genuine r riginal equipment manufacturer parts. The list f apprved wrkshps is shwn n yur plicy schedule. Hwever, as the list is subject t change, please see ur website fr ur latest panel f apprved wrkshps. If yu carry ut repairs n yur car at any wrkshp ther than ne f ur apprved wrkshps and if yu make a claim under yur plicy yu will have t pay us an ecess f 25% f the ttal cst f repairing yur car r $10,000, whichever is the higher (called the my wrkshp ecess as eplained abve in sectin 5). A n claim discunt is a discunt that we will prvide n yur DirectAsia.cm cmprehensive car insurance premium if n claim under yur plicy has been made in a previus perid r previus perids f yur cmprehensive car insurance. The amunt f yur n claim discunt will be shwn n yur certificate f insurance and yur plicy schedule. yur discunt The premium discunt that yu will be entitled t fr the net perid f insurance if n claim has ccurred n yur DirectAsia.cm cmprehensive car insurance plicy (r ther insurer s plicy that is acceptable t us) is as fllws: Yu must als btain ur written cnsent befre any repairs are carried ut t yur car unless yu are permitted t authrise thse repairs. n claims fr: yur n claim discunt is wh we can pay If a claim is made by yu under yur plicy fr lss f r damage t yur car, we may settle the claim with the legal wner directly if yur car is wned by smene else (fr eample, under a hire purchase r leasing agreement r an emplyer s lan) and if the legal wner is named in the plicy. The acceptance by that legal wner f ur payment abslves us f all further liability t yu and/r t any ther persn in respect f such lss r damage. if there is ther insurance If yu have ther insurance which cvers the same liability, lss r damage, we will nly pay yu ur share f the claim and we will have n bligatin t pay yu any amunt if yu are entitled t indemnity under any ther insurance plicy. This des nt apply t persnal accident benefits. 7 > discunt n premium - yur n claim discunt HKCarCmpVers1.4:14Mar ne year 20% tw cnsecutive years 30% three cnsecutive years 40% fur cnsecutive years five r mre cnsecutive years reductin in yur n claim discunt 50% 60% withut the ptinal n claim discunt prtectin cver Where an accident ccurs, an autmatic reductin in yur n claim discunt will apply if yu have nt selected ur ptinal n claim discunt prtectin cver. Yur n claim discunt will be reduced as described in the table belw if ne r mre claims have been made by yu during the same perid f insurance: withut the ptinal n claim discunt prtectin cver yur reduced n claim yur discunt current if yu make 1 if yu make 2 n claim claim r mre
17 discunt claims 60% 50% 30% 20% 0% 0% 40% 0% 0% 0-30% 0% 0% if yu have selected the ptinal n claim discunt prtectin cver If yu have selected ur ptinal etra n claim discunt prtectin cver, prvided yu maintain yur cmprehensive car insurance plicy with us yur n claim discunt will be reduced as described in the table belw if ne r mre claims have been made by yu during the same perid f insurance: If yu have selected the ptinal n claim discunt prtectin cver yur current n claim discunt yur reduced n claim discunt if yu make 1 claim if yu make 2 claims if yu make 3 r mre claims 60% 60% 30% 0% 50% 50% 20% 0% 40% 40% 0% 0% 30% 30% 0% 0% 20% 20% 0% 0% n transfer f yur n claim discunt Yur n claim discunt is nt transferable t any ther persn. yur n claim discunt applies t nly ne car Yur n claim discunt applies t nly ne car at any ne time. 8 > what yu need t d taking precautins Yu must at all times take reasnable precautins t prevent accidents r lss f and damage t yur car. yur duty t tell us Yu must fully and truthfully disclse t us the facts as yu knw r ught t knw them, therwise, yu may receive n benefit frm the plicy. When yu answer ur questins, it is imprtant that yu answer fully and truthfully as yu are bliged under the law t tell us anything yu knw r shuld knw that is necessary fr us in making ur decisin t insure yu r anyne else under yur DirectAsia.cm cmprehensive car insurance plicy and the terms n which we will insure yu. This includes answers t questins we ask when yu apply fr a plicy, renew, r alter yur plicy, and any ther matters which might affect whether we insure yu and n what terms. We use the infrmatin yu give us t decide whether t insure yu, r anyne else, s it is imprtant yu understand this when yu are answering ur questins fr yurself and fr anyne else wh yu want us t cver. If yu d nt answer ur questins fully and truthfully and d nt disclse all relevant infrmatin t us then yur claim culd be reduced r refused (either ttally r in part). We may even cancel yur plicy and treat yur plicy as never having eisted. Yu must infrm us immediately f any changes in the infrmatin yu have given us previusly. If yu d nt, yu may nt receive any benefits under yur plicy n any claim and /r we may cancel yur plicy. In additin, we may als seek t recver any csts we have incurred. what yu need t d in relatin t yur car Yu have t d all f the fllwing: keep yur car, it s permitted and cvered accessries and spare parts in gd, efficient and radwrthy cnditin and take reasnable care t safeguard them frm lss r damage; allw us free and full access t eamine yur car r any part f it and interview any f yur authrised drivers; 17 HKCarCmpVers1.4:14Mar2014
18 take all reasnable steps t safeguard yur car frm lss r damage; in the event f an accident r breakdwn, yur car must nt be left unattended withut prper precautins being taken t prevent further lss r damage; specified in the relevant cnfirmatin. Unless therwise prvided fr, all payments are required t be made by yu using a type f credit card accepted by us at the time f purchase r renewal f the applicable insurance plicy r service. Yu must therefre prvide t us thrugh ur website, details f yur current and valid credit card, including: cmply with all relevant laws in the gegraphical area where yu are driving yur car; credit card type; name n credit card; cmply prmptly with all relevant laws, regulatins and requirements f public authrities; and credit card number; and epiry date. infrm us immediately if: there is any material change in yur car r in the nature f the risk; yu n lnger wn r have an interest in yur car; and/r yu take ut any ther insurance which cvers yur car r liability against similar risks. Yu shuld nt send us sensitive financial infrmatin like yur credit card number by . Unless yu ask us t change yur payment details, we will debit the card we have n file t cllect any mney due n yur plicy. refunds and reimbursements payment f yur premium Yur insurance premium will be shwn n yur plicy schedule and yu must pay yur premium directly t us by the due date specified in the relevant cnfirmatin sent by us t yu. Where yu are paying yur premium in full, then if the ttal premium is nt paid and received in full by us n r befre the start date, the plicy will be deemed t be immediately and autmatically cancelled and n benefits will be payable by us. Any premium payment received after the start date shall have n effect n the cancellatin f yur plicy. Where yu are permitted t pay yur premium by instalment payments, then if the required instalment payments are nt paid and received in full by us n r befre the specified due date, the plicy may be deemed t be cancelled and n benefits will be payable by us. Any premium payment received after the specified due date shall have n effect n the cancellatin f yur plicy. All payments fr any insurance prducts, renewals, r ther services purchased via ur website must be paid in full by the due date HKCarCmpVers1.4:14Mar Yu must pay r refund t us any amunt fr which we wuld nt therwise be liable under yur plicy. In particular, yu must pay us any amunt fr which we wuld nt therwise be liable under yur plicy but fr the Mtr Vehicles Insurance (Third Party Risks) Ordinance (Cap. 272) r any ther applicable laws. Yu must als pay us any amunt that we are bliged t pay in respect f yu r yur plicy by virtue f ur agreement with the Mtr Insurers Bureau f Hng Kng. 9 > keeping yur DirectAsia.cm cmprehensive car insurance up t date If there is a material change in yur circumstances, then yu must tell us immediately. We may calculate any difference in premium frm the date yur circumstances
19 changed even if this happened in a previus perid f insurance. If yu d nt tell us abut changes in yur circumstances, then this culd result in an additinal premium being payable by yu, affect the amunt yu are able t claim r may even mean that yu are unable t make a claim. If yur changed circumstances differ materially frm what yu have previusly tld us, then a failure t tell us f these changes culd als result in yur plicy being declared vid and as having never eisted. making changes t yur plicy by yu Yu may cntact us t request a change t be made t yur plicy. We dn t have t accept any changes but if we d accept a change, we will cnfirm it in writing t yu r amend it n yur certificate f insurance and plicy schedule. cancelling yur plicy Bth yu and we have the right t cancel yur DirectAsia.cm cmprehensive car insurance plicy at any time by giving the ther 7 days ntice. The effective date f cancellatin will be based n the date the ther party is infrmed in writing f the cancellatin. If yu cancel yur DirectAsia.cm cmprehensive car insurance plicy yu must pay t us all f the utstanding r due premium. Delayed payments will be subject t interest and added charges. We will nt refund any premium if n r befre cancellatin f yur plicy any ne r mre f the fllwing has ccurred: If the accepted change reduces yur premium, we will refund the difference wing t yu, prvided that such difference eceeds $60. yu have reprted r ntified us f a claim; we have paid a claim; and/r If the accepted change increases yur premium, yu will need t pay us the additinal premium, prvided that such additinal premium eceeds $60. The changes yu requested will nly take place when we have cnfirmed them in writing t yu and yu pay any additinal premium that may be required. Yu can cntact us t make changes t yur plicy nline, by r phne. making changes t yur plicy by us We may change the terms and cnditins f yur plicy, including the premium payable. We will give yu at least 30 days ntice befre such change is effected. We may als change any terms and prvisins f yur plicy at the end f yur plicy such that the change will be applicable frm the net perid f insurance. Yur cntinued payment f the premium after we give yu ntice f any change t yur plicy will mean that yu accept such change. yu we us any mney. Yu will nt be entitled t any refund f premium if the refund amunt is less than $60. If yur plicy is cancelled and: yu have nt reprted r ntified us f a claim; we have nt paid a claim; and yu d nt we us any mney, then prvided yu return the riginal certificate f insurance t us within 7 days f cancellatin (as required by Hng Kng law) we will return any prprtinate part f the premium fr the unepired perid f insurance subject t deductin f an administratin fee t cver the cst f setting up the plicy. Yu can check the current administratin fee n ur website. cancellatin fr dishnesty If we cancel yur plicy because yu have nt hnestly answered the questins we have asked yu abut: 19 HKCarCmpVers1.4:14Mar2014
20 yu; any ther persn wh drives r will drive yur car; yur car; the driving and insurance histry f yu and any ther persn wh drives r will drive yur car; and/r any events invlving yur car that result in a claim n yur DirectAsia.cm car insurance plicy then in additin t any ther f ur rights, yu must pay t us n demand an administratin fee f $1,000 and we may debit yur credit card fr this amunt withut the need t btain any additinal authrisatin frm yu. interest f ther persns Yu are nt allwed t transfer r assign yur interest in this DirectAsia.cm cmprehensive car insurance plicy t any ther persn withut first btaining ur written apprval. Yu must tell us if anyne else has an interest in yur plicy (fr eample, the legal wner f yur car thrugh a hire purchase r leasing agreement r emplyer s lan). We will etend t them the insurance under yur plicy nly after yu have infrmed us f their interest and we have agreed in writing t enter their name and interest n yur plicy. Hwever, by ur ding this it des nt make yu an agent r trustee fr them r assign yur rights and interests t them. 10 > custmer care We are cmmitted t prviding yu with quality insurance prducts and services but if any dispute arises ut f yur DirectAsia.cm cmprehensive car insurance plicy that we cannt reslve between us, then that dispute may be submitted t the Hng Kng Mediatin Cuncil fr settlement by mediatin in accrdance with the mediatin prcedure in frce. Yu and we agree t take part in the mediatin in gd faith and undertake t hnur the terms f any settlement reached. If any dispute is nt referred t mediatin r if mediatin fails, the dispute can be referred t arbitratin by a single arbitratr t be appinted by each f us in writing. If we and yu cannt agree n an arbitratr within ne calendar mnth f a request fr arbitratin by either party, the arbitratr shall be appinted by the Chairman fr the time being f the Hng Kng Internatinal Arbitratin Centre ( HKIAC ). The arbitratin will be cnducted in accrdance with the UNCITRAL Mdel Law (and Rules). It is epressly stipulated that it is a cnditin precedent t any right f actin r suit that yu may have that an arbitratin award shall be first btained. If we disclaim liability t yu fr any claim under yur plicy and such claim shall nt within 12 calendar mnths frm the date f such disclaimer have been referred t arbitratin under the prvisins f this plicy then the claim shall fr all purpses be deemed t have been abandned and shall nt be recverable. Yur DirectAsia.cm cmprehensive car insurance plicy is gverned by and interpreted in accrdance with the laws f Hng Kng. If these plicy details have been translated int a language ther than English then in the event f any incnsistency the English language versin f these plicy details will always prevail. Yu shuld nt start legal prceedings against us unless 60 days have elapsed after prf f lss has been prvided t us in writing in accrdance with the requirements f yur plicy. Our liability under yur plicy is limited slely t the payment f the amunts yu are entitled t receive. We assume n liability fr the availability, quality r results f any service r fr yur failure t btain any treatment r service cvered by the terms f yur plicy. N third party wh has nt agreed t be bund by the terms and cnditins cntained in this DirectAsia.cm cmprehensive car insurance plicy shall have any right t enfrce any f its terms r cnditins. We will nt be bund by any judgments which are nt in the first instance delivered by r btained frm a curt f cmpetent jurisdictin within Hng Kng. ur website 20 HKCarCmpVers1.4:14Mar2014
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