Territory Car Insurance

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1 Territory Car Insurance Product Disclosure Statement and Policy

2 Thank you for choosing TIO Insurance, the only fully Northern Territory owned insurance organisation. With years of local knowledge and expertise, we pride ourselves on providing a broad range of quality products and services tailored to suit the needs of Territorians. We are dedicated to delivering high quality services to our customers through our customer service network and selected intermediaries. We are committed to developing our staff to the highest industry standards and to keeping abreast of the latest proven technology. This booklet contains information designed to help you decide whether to buy our Territory Car Insurance product. Territory Car Insurance can cover your car, motorcycle, caravan, trailer and horse float for any accidental loss or damage and legal liability. Your Territory Car Insurance cover gives you the flexibility of the choice of four types of cover: Comprehensive, Third Party Only, Third Party plus Fire and Theft or Fire and Theft Only. 2

3 Table of Contents Product Disclosure Statement 4 Policy Terms and Conditions 16 General Definitions Applying to all Sections of this Policy 21 Types of Cover 24 Section 1 Comprehensive 25 Section 2 Third Party Only 26 Section 3 Third Party plus Fire & Theft 27 Section 4 Fire & Theft Only 28 Section 5 Additional Benefits 29 Section 6 Optional Cover 34 Section 7 What is Not Covered 35 How to Make a Claim 38 How we Pay Claims 40 Index 42 3

4 Product Disclosure Statement What is a Product Disclosure Statement? This Product Disclosure Statement (PDS) is designed to help you understand the key features of and to help you compare and make an informed choice about whether to buy this product. This PDS is dated 31/03/2007. The information in this PDS is current as at that date. More up to date information may be available by contacting us. Our contact details are provided on the back cover of this booklet. The covers described in this Policy are issued, underwritten and sold by the Territory Insurance Office ( TIO ) ABN Please read through the Policy Terms and Conditions carefully to make sure you have all the protection you want. We have written it in plain language to assist you in understanding the insurance cover you have chosen. If you don t fully understand what your insurance contract covers, or your rights and obligations, please contact us. This booklet is an important document and should be retained in a safe place with your Certificate of Insurance. Choosing the Type of Insurance You need to consider the type of insurance cover that suits your needs. You may choose all or some of the covers offered as part of the Territory Car Insurance product. You need to read the Policy Terms and Conditions part of this booklet to understand the significant features and benefits of the Territory Car Insurance product. 21 Day Cooling-Off Period We offer you a cooling-off period of 21 days to consider the information in this Policy and your Certificate of Insurance and determine whether the cover meets your needs. If you are not completely satisfied with the cover you have chosen, you can cancel your insurance. 4

5 To do this, you must provide written notice to us within 21 days from the date your insurance commenced. If you have not made a claim, we will also give you a full refund of any premium you have paid. The Cost of Your Insurance The cost of your insurance is called the premium. We will tell you the premium amount you are required to pay and show it in your Certificate of Insurance. The premium may include compulsory government charges, such as GST and stamp duty. Where government charges apply, we will show these amounts in your Certificate of Insurance. The amount you are required to pay will vary based on the type of cover you have chosen. When we calculate your premium, we take into consideration a number of rating factors. These include factors relating to who will drive your car and how it will be used, the driving and claims history of the intended drivers and the type of car and its accessories. Paying Your Premium We will tell you when your payment is due. You must pay us the premium on or before the due date to activate this insurance cover. If you pay by instalments, the date your instalment is due and the amount will be shown in your Certificate of Insurance. If you do not pay by the due date and your payment is overdue, we may: refuse to pay your claim if your payment is outstanding for 14 days or more, and cancel your insurance contract if your payment is outstanding for a month or more The date your insurance cover expires is shown in your Certificate of Insurance. If renewal is invited you must pay us the premium on or before the expiry date, or your insurance cover will not renew. You may ask us to change a provision of your insurance cover. If the change results in an additional premium, you must pay the amount and any other charges in full. If you do not, we may reduce the period of insurance so it is in line with the amount you have paid. 5

6 Tax Implications In some circumstances, we may reduce your claim payment by the amount of any input tax credit that you are entitled to under A New Tax System (Goods and Services Tax) Act Please refer to the information provided under the heading Goods and Services Tax on page 41 of this booklet. Other Costs Other costs, fees and charges that you may have to pay are listed below: Cost Excess Depreciation Cancellation Refund payment for Hire Car Details The amount you must pay if you make a claim. The excess is explained on page 18 of this booklet. The amount we pay when you make a claim may be reduced by an amount for depreciation, wear and tear, rust and corrosion. The amount we deduct depends on how worn these items were when the accident happened. If you cancel your insurance outside the 21 day cooling-off period, we will allow a pro-rata refund of the annual premium you have paid. If you are entitled to a hire car benefit and you withdraw your claim or we refuse to accept it, you might have to refund to us any payments we have already made for the hire of the car. 6

7 Our Agreement with You Your insurance contract is made up of the following documents: your proposal, which may have been verbal this PDS the Policy Terms and Conditions your current Certificate of Insurance, and any endorsements sent by us to you. For your insurance cover to apply you must pay us the premium. The dates that cover commences and expires are shown in the Certificate of Insurance we issue to you. Provided you have paid us the premium on or before the due date we will give you the cover described in the Policy Terms and Conditions and the Certificate of Insurance for loss, damage or liability occurring within Australia. It is very important that you read in conjunction with the PDS each Section of the Policy Terms and Conditions that is relevant to the insurance cover you purchase, so you understand each Section s limitations, territorial limits and exclusions. You or any other person entitled to cover must comply with the terms, conditions, exclusions and any endorsements. 7

8 Significant Features and Benefits of this Product The following table summarises the insurance cover, features and benefits, and optional covers available under this product. Summary of Features and Benefits Comprehensive Accidental loss or damage cover Cover Australia wide Cover for legal liability Emergency Repairs Fire and theft cover Free caravan or garden trailer cover Hire car after theft Legal costs New car replacement No claim bonus protection * No fault excess concession Personal property * Quality repair guarantee Towing Transit cover Uninsured motorists Windscreen cover Summary of Features and Benefits Business Use Restricted Drivers Comprehensive Covered * These features do not apply to motorcycles, caravans, trailers and horse floats. # These features do not apply to caravans, trailers and horse floats. 8

9 The table is a guide only. Please read the Policy Terms and Conditions section of this booklet carefully for full details of the cover, terms, conditions, restrictions and limits which apply to your insurance. Third Party Only Third Party Fire & Theft Fire & Theft Only See Page , 26, , 27, # # Third Party Only Third Party Fire & Theft Fire & Theft Only See Page

10 Significant Risks You need to be aware of the risks associated with this Product. Generally speaking, the risks are that you: will not be covered for certain events or circumstances; and will fail to renew The Policy Terms and Conditions sets out what you are insured for and those circumstances where you will not be insured. It is important that you read the Policy Terms and Conditions in conjunction with your Certificate of Insurance carefully so that you understand what your insurance contract covers and excludes. It is also important to check any endorsements we note in your Certificate of Insurance. Your Duty of Disclosure What you must tell us Before you first start this insurance, you have a duty under law to tell us about any matter that you know, or could reasonably be expected to know is relevant to our decision whether to insure you and (if so) on what terms. You have the same duty to disclose those matters to us before you renew, change or reinstate your insurance contract. These requirements are part of the Insurance Contracts Act When we ask you specific questions, you must give us honest and complete answers. The information you give us helps us to decide whether to insure you and any other person whom you want to be covered by the insurance contract, the amount of your premium and whether any special conditions need to apply. Who needs to tell us It is important that every person who will be insured under this insurance contract answer our questions in this way. What you do not need to tell us You do not need to tell us about any matter: that reduces the risk to be insured by us, that is of common knowledge, 10

11 that we know, or as an insurer should know, or when we have waived compliance with your duty. What will happen if you do not tell us If you do not comply with these obligations, we may be entitled to refuse or reduce the amount we pay you if you make a claim, or we may cancel your insurance. If your non disclosure is fraudulent, or your answers are untruthful, we may refuse to pay a claim and treat the insurance contract as if it never existed. If you do not understand your duty, please contact us. Dispute Resolution TIO is proud of the quality service we provide to Territorians and we are committed to being the leading provider of quality insurance services in the Territory. If you find a reason to be dissatisfied with any of our products or services we need to know so we can work together to resolve the issue. First you should contact us or the insurance broker who issued your insurance. Let them know what the problem is and they may be able to resolve it on the spot. If you are not satisfied with the response, you may request that the matter be dealt with by TIO s Complaints Officer through our Complaints and Dispute Resolution Process. If the matter has not been resolved to your satisfaction, you will be advised of your further options for External Dispute Resolution which may include referral to the Financial Ombudsman Service. This is an independent scheme which adjudicates free of charge to you. The Financial Ombudsman Service may be contacted by calling or via If you want more information on the FOS, please visit their website: If you would like more information or wish to receive a copy of TIO s Complaints and Dispute Resolution leaflet, please contact us. 11

12 How to Contact Us You may contact us in any of the following ways: call us on via an information request from our website tiofi.com.au in person at any TIO Branch by writing to TIO GPO Box 770 Darwin NT Privacy of Your Information TIO is committed to protecting the privacy and confidentiality of your personal information. Generally, we collect personal information directly from you, however there may be times where we collect personal information from outside sources. Your personal information is collected for the primary purpose of evaluating and administering the proposed insurance or any claim, and for the secondary purpose of marketing our products and services to you. On request in most circumstances you may access your personal information collected and held by TIO. You may also cancel its use for marketing purposes at any time. The information you give us may be disclosed to others such as reinsurers, professional advisers and loss adjusters. If you believe your personal information is inaccurate or incomplete, you may request we make any necessary corrections, additions and deletions. 12

13 The Code of Practice TIO has adopted the General Insurance Code of Practice developed by the Insurance Council of Australia. The Code: is designed to promote understanding between insurers, agents and consumers by setting standards for insurers to follow in their dealings with the public, requires insurers to provide consumers with communications promptly and in plain language, requires the people you deal with when you are purchasing insurance or making a claim to be well trained, and provides an effective means to resolve disputes over our products or services or any claim you make. You can obtain more information about the General Insurance Code of Practice by contacting us. We Comply with the Obligations of the Corporations Act The Corporations Act 2001 requires financial service providers to have an Australian Financial Services Licence. TIO is excluded from the requirement to hold a licence as we are a statutory authority of the Northern Territory Government. However, in the interest of protecting our customers we have chosen to comply with the financial services obligations of the Corporations Act. 13

14 We Comply with the Obligations of the Motor Vehicle Insurance and Repair Industry Code of Conduct This Code is intended to promote transparent, informed, effective and co-operative relationships between smash repairers and insurance companies. The Code will provide efficient, accessible and transparent dispute resolution processes for issues arising between individual repairers and insurers. Insurers and repairers agree they have a responsibility to ensure car repairs are authorised and carried out in a professional manner and to ensure that the safety, structural integrity, presentation and utility of the car are restored. The content of the code relates to the following but not limited to: Choice of repairer You are free to choose which repairer should repair your car. When you choose your own repairer and that repairer is not one of our accredited repairers, we will still pay for your repairs as agreed, which in our opinion is sufficient to repair your car. However, you need to be aware that if you choose a repairer that is not one of our accredited repairers, we will not guarantee the repairs to your car as described in our Quality Repair Guarantee on page 41. If you choose to repair your car with one of our accredited repairers these repairs will be backed by our Quality Repair Guarantee. You can obtain more information in relation to our accredited repairers by contacting us. Use of parts It is our policy to make use of new and genuine parts when repairs are undertaken to your car by our accredited repairers. It is however not always possible to ensure that new and genuine parts are used, for example where you have a car that is not manufactured anymore and parts are not available. 14

15 Where new and genuine parts cannot be used, we will choose to make use of non-genuine or recycled parts, but we will contact you and discuss with you the situation before we authorise the use of those parts in the repair process and will only continue if you agree. When you choose your own repairer who is not one of our accredited repairers we have no control over the parts that they may use and cannot confirm the use of new and genuine parts. Sub-let repairers It is possible that the accredited repairer may not be able to do all the repairs themselves, for example where the repairer does not have the skills to do a certain part of the repairs, and when that happens, we or the repairer can instruct another repairer to do that part of the work. This other repairer will be regarded as an accredited sub-let repairer. Where we or the accredited repairer arrange to repair part of your car with a sub-let repairer these repairs will be backed by our Quality Repair Guarantee on page 41. We Comply with the Obligations of the Insurance Contracts Act. The Insurance Contracts Act 1984 governs the law relating to certain contracts of insurance so that a fair balance is struck between the interests of insurers, insured s and other members of the public. TIO s insurance products are not required to be bound by this Act as we are a statutory authority of the Northern Territory Government. However, in order to protect the interests of our customers we have chosen to comply with the obligations which are imposed upon insurers pursuant to the Insurance Contracts Act

16 Policy Terms and Conditions Please read this information carefully as it outlines your obligations and responsibilities. You must comply with these conditions. If you do not meet your responsibilities, we may refuse or reduce a claim, cancel your Policy, or do both. If we cancel your Policy we will advise you in writing. Alcohol and Drugs We will not cover you for loss or damage that occurs whilst your car or substitute car was being driven by a person who at the relevant time: was under the influence of alcohol or drugs, had more than the concentration of alcohol allowed by law in his or her blood as indicated by analysis of breath or blood, refused to take a test for alcohol or drug content in their breath or blood after the accident occurred, was convicted of an offence for driving while affected by alcohol or drugs or for failing to take a breath or blood test. However, we will cover you if you show you were not aware of the condition or behaviour of the person in charge of your car or substitute car. Please refer to Section 7 What is Not Covered exclusion 3.a) on page 36 of this Policy. Cancelling your Insurance Your insurance cover may be cancelled: By You You may cancel your insurance by providing written notice to us. Your insurance will be cancelled from the date we receive the written request. 16

17 By Us We may cancel your insurance by notifying you in writing. This notice shall be delivered to you personally or posted to you at your last known address. Cancellation of this insurance shall be effective from 4.00pm on the third business day after the expected normal postal delivery of this notice or at a time when you enter into another contract of insurance intended to replace this insurance cover, whichever is sooner. We may cancel your insurance cover if, for example: you make a misleading statement when applying for insurance, you fail to comply with the conditions of the insurance, you fail to pay the premium, or you make a fraudulent claim. Refunds We will refund the balance of premium in respect of any unexpired period of this insurance. Refunds of premium do not apply to any insurance cover which has been the subject of a total loss claim. In most cases, refunds of premium do not apply to insurance policies paid by instalments. Changes You must notify us as soon as possible of any circumstances which occur, or changes that are intended or made which affect the state, condition or use of your car or which increase the risk of loss, damage or liability. Until we have agreed in writing to cover any changes to the risk and you pay any additional premium required, we will not pay for any loss, damage or liability caused by or contributed to by the changes. Change of Car If you purchase a new car to replace the car insured by us we will at our option automatically apply your cover to this new car for a period of 14 days from the date you purchased it. 17

18 Due Care You must at all times take reasonable precautions to ensure the safety and protection of your car and to lock or otherwise secure your vehicle when not in use. Excess Applicable An excess is the amount you must contribute towards the cost of any claim under this insurance Policy. Unless our no fault concession applies, the excess is payable regardless of liability or fault. You may be required to pay more than one type of excess. Your Certificate of Insurance will show the amounts for different types of excesses. The different types of excesses are: Basic Excess The basic excess is the standard excess which applies to your car plus any additional voluntary excess (for which you receive a premium discount). Imposed Excess The imposed excess is a special excess which has been imposed by us. This excess is payable in addition to the basic excess. Age Excess The age excess applies when the driver or last person in charge of your car is under 25 years of age. This excess is payable in addition to the basic excess. Inexperienced Driver Excess The inexperienced driver excess is applied when the driver or last person in charge of your car is 25 years of age or older and that driver has had less than two years (licensed) driving experience. This excess is payable in addition to the basic excess. 18

19 No Fault Excess Concession You will not have to pay an excess if the driver or person in charge of your car was not at fault. For this concession to apply, you must be able to supply the name and address of the person at fault. For example, if your car is maliciously damaged and you are able to supply the name and address of the offender you will not be required to a pay any excess. In determining whether another person is entirely at fault we will apply previously established legal principles. If in our opinion the circumstances indicate doubt as to whether another person is entirely at fault, then the usual excess conditions will apply to your claim. Fraudulent Claims If you or anyone acting on your behalf or with your implied permission should make a claim knowing or suspecting it to be false or fraudulent, payment may be refused. Modifications If your car has been changed from the manufacturer s original specifications you need to tell us and obtain our agreement to insure you. This means that you must tell us about any non standard accessories, tools and modifications. No cover applies unless we have approved of the changes in writing. Please refer to Section 7 What is Not Covered, exclusion 3.h) on page 37 of this Policy. Other Insurance If, at the time of incurring any liability, loss or damage covered by this insurance cover there is any other insurance policy covering the same car effected by you or person(s) other than you, this insurance policy will only pay any excess beyond the amount which would have been payable under such other insurance contract had this insurance cover not been effected. 19

20 Renewal Procedure Prior to the expiry of your insurance cover we will write to you about the renewal of your insurance. If renewal is invited you should carefully check the details contained in your renewal invitation, such as: the names of the people who are insured, the details of your car including any values shown, and any excess which you must pay towards the cost of a claim. Waiting Period for Cyclone, Flood and Storm Surge TIO operates in an area of Australia that is subject to catastrophic natural events. It is necessary for us to apply a waiting period of 72 hours for loss or damage that occurs from cyclone, flood or storm surge. This means if you arrange new insurance or make a mid term alteration that affects your level of cover you will not have immediate cover for these natural events. 20

21 General Definitions Applying to all Sections of this Policy In this Policy unless the contrary intention appears the following expressions shall have the following meaning: accident, accidental loss, accidental damage an event which was not expected or intended by you and includes a series of accidents arising out of any one event. act of terrorism an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), which from its nature or context is done for, or in connection with political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear. Australia the Commonwealth of Australia, its dependencies and Territories. Certificate of Insurance the current schedule or renewal schedule issued by us which forms part of this insurance. It will show details of your insurance cover and premium. endorsement any written alteration or addition to the terms, conditions and exclusions of your insurance cover. excess the amount you must contribute towards any claim under this insurance cover. flood the inundation of normally dry land by water overflowing from the normal confines of any watercourse, lake or dam, reservoir, canal, street gutter, storm channel or storm drain (other than water from water tanks, pipes or sullage drains) and includes the unusual accumulation of surface waters. market value the value of the item at the time of loss or damage, taking into account its age and condition, determined by the use of market prices, reputable dealers guides and other experts in this area. PDS Product Disclosure Statement. 21

22 period of insurance - the duration of this Policy for the period specified in the Certificate of Insurance, or any subsequent renewal period for which the appropriate premiums are paid. private purposes when your car is being used: for private, social or pleasure purposes, and by you in person in connection with your occupation or business other than those listed: Outdoor Sales representative, Commercial Traveller, Insurance Assessor, Inspector or Investigator, Indent or Manufacturers Agent, Stock or Station Agent or Auctioneer, Land or Estate Agent or Auctioneer, Collection or Delivery, or Motor Driving Instructor. Private purpose will not include vehicles used to carry goods, machinery, samples, plant or equipment weighing over 2 tonnes. substitute car a car similar to your own and being used in place of your own due to your car being out of use because of damage, or mechanical or electrical breakdown or failure. The substitute car must be in your lawful custody but not owned by you. supplementary PDS a document that updates or adds to the information in this Policy. we, us, our The Territory Insurance Office (TIO) windscreen repair the repair of your windscreen using injected resin to reasonably restore the windscreen to its original strength. 22

23 your car the vehicle described in your Certificate of Insurance, which can include a car, motorcycle, trailer, caravan and horse float that is either registered for use on a public street or in a condition that complies with registration requirements. Your car includes: its standard accessories as fitted by the vehicle manufacturer or similar substitutes for them and non standard accessories, providing your Certificate of Insurance is endorsed with their description and they are fixed to your car; and standard tools as supplied by the vehicle manufacturer or similar substitutes for them providing they are in or attached to your car. you, your the person(s) named in the Certificate of Insurance as the insured. It also includes your spouse (legal or de facto) and any member of your immediate family who permanently resides with you at the site. 23

24 Types of Cover Territory Car Insurance can protect your: car, motorcycle, caravan, trailer, and horse float against accidental loss or damage and legal liability. When you take out your insurance you have the choice of four types of cover: Comprehensive Section 1 of this Policy applies. Third Party Only Section 2 of this Policy applies. Third Party plus Fire and Theft Section 3 of this Policy applies Fire and Theft Only Section 4 of this Policy applies. Your Certificate of Insurance will show the type of cover you have chosen. The causes or events not covered by this insurance are described under Section 7 What is Not Covered starting on page 35 of this Policy. 24

25 Section 1 Comprehensive This Section applies if your Certificate of Insurance shows you have comprehensive cover on your car. What is Covered Part A Your Car We will cover you against accidental loss (including theft) or accidental damage occurring to your car, during the period of insurance. Part B Legal Liability We will cover you for your legal liability to pay for damage to property as a result of an accident caused by the use of: your car or a substitute car, and a caravan, trailer or horse float whilst it is attached to (or becomes accidentally detached from) your car or a substitute car. However, no cover is provided for loss or damage caused to the substitute car, caravan, trailer or horse float (other than for the cover provided under Section 5 Additional Benefits Free Caravan or Garden Trailer Cover on page 29 of this Policy). We will also give this legal liability cover to: any other person who is driving your car with your permission provided that person was not covered by another insurance contract at the relevant time and/or has not been refused insurance by any other insurer, passengers who are in or on your car with your permission, including when they are getting on, in or out of your car, and your employer, principal or partner for legal liability incurred in connection with you using your car or any substitute car. The total cover for any one accident is stated in your Certificate of Insurance. 25

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