YOUR MOTOR INSURANCE CONTRACT & INSURANCE POLICY CONSISTS OF THREE MAIN DOCUMENTS:
PLEASE READ ALL OF THESE DOCUMENTS CAREFULLY AND KEEP THEM IN A SAFE PLACE. IF THEY DO NOT MEET YOUR REQUIREMENTS OR IF YOU HAVE ANY QUERIES REGARDING THE COVER OR THE TERMS AND CONDITIONS AND EXCLUSIONS OF YOUR INSURANCE POLICY, PLEASE DO CONTACT US, AS THE INSURER OR YOUR INSURANCE BROKER (IF ANY). YOU SHOULD PAY PARTICULAR ATTENTION TO THE GENERAL CONDITIONS AND GENERAL EXCLUSIONS SET OUT HEREUNDER.
Helvetia Global Solutions Limited ("Helvetia"/"We"/"we"/"Us"/"us"/"the Insurer")
Aeulestrasse 60
FL-9490 Vaduz
Principality of Liechtenstein
Wrisk Europe GmbH. ("Wrisk")
Karlstraße 19
80333 Munich
Germany
Van Ameyde ("Van Ameyde")
Office G:18
Bromley Old Town Hall
30 Tweedy Road
Bromley
England
BR1 3FE
"The customer/The policyholder/You/you"
Under the relevant European and Irish Legal provisions, the parties to this contract of insurance are free to choose the law applicable to the contract. This contract is governed by Irish Law.
The contract is based on the customer's application, the information provided by the customer, the General Insurance Conditions, any other special conditions or supplementary conditions, and the terms, conditions, endorsements, and exclusions, of the insurance policy.
In consideration of the premium having been paid (or agreed to be paid) by you, Helvetia will provide insurance in accordance with the policy cover indicated in the Schedule. This cover will apply during the period of insurance specified in the Schedule or any subsequent period for which we may accept payment for renewal of this policy.
Insurance cover is granted in Ireland and in all countries for which insurance cover is granted in accordance with the international insurance certificate (formerly the Green Card).
In the case of transportation by sea, the insurance cover is not interrupted, if the place of departure and destination are within the local jurisdiction (Republic of Ireland, Northern Ireland, Great Britain, the Isle of Man, and the Channel Islands).
Helvetia has agreed to provide policy cover and has calculated the applicable premium based on the information provided by you, or on your behalf, including but not limited to:
As the applicant, the policyholder, and/or an insured person, is obliged to answer all of the application questions (e.g. date of birth, previous claims, etc) completely and correctly and to the best of the belief of the policyholder and/or the insured person. If the policyholder and/or an insured person has provided incomplete or incorrect answers to one or more questions posed in writing or in another text form when taking out the insurance policy, Helvetia shall be entitled, if it so wishes, to terminate the contract/insurance policy within four weeks of becoming aware of the breach of the policyholder's (or the insured person's) duty of disclosure. If the contract/policy is terminated as a result of such a termination, the obligation to pay benefits for losses that have already occurred shall also lapse, insofar as their occurrence or extent was influenced by the incomplete or incorrectly disclosed answers or fact(s). If benefits have already been paid, these can be reclaimed by Helvetia from the policyholder and/or the insured person.
The policyholder may revoke his application to conclude the contract or the insurance policy or the declaration of acceptance, in writing or in another text form. The revocation period is 14 days and that period begins as soon as the policyholder has accepted the contract. To do this, the deadline is met if the policyholder notifies Helvetia of its revocation on the last day of the revocation period or if it hands over its declaration of revocation to the Post Office (An Post) for postal delivery to Helvetia on/by the last day of the revocation period.
The right of revocation is excluded, however, for collective personal insurance policies, provisional cover commitments, and agreements with a term of less than one calendar month.
In the event of a valid revocation, Helvetia shall refund the premium paid pro rata temporis, i.e., on a time-apportioned basis corresponding to the period from the contract commencement until the effective date of revocation.
If, during the term of the contract, a fact material to the assessment of the insured/insurable risk changes, the extent of which was determined by the parties when the contract was concluded, the policyholder must notify Helvetia immediately in writing or in another text form.
All risk facts about which Helvetia has requested information from the policyholder in the application form or proposal form or online or orally in response to other questions (e.g. risk questionnaire, risk and operating characteristics, etc.) are deemed to be material.
If the policyholder fails to provide this required notification, Helvetia shall not be bound by the contract for the subsequent future period.
If a notification of change of material fact has been made, Helvetia may, if it wishes, increase the insurance policy premium correspondingly with retroactive effect from the date of the risk increase or, if it wishes, Helvetia may terminate the part of the policy affected by the change, within 14 days of receipt of the notification of change of material fact. The contract shall expire four weeks after receipt by the policyholder of the notice of termination. The policyholder has the same right of termination if no agreement can be reached on the increase in insurance premium proposed by Helvetia to the policyholder.
In the event of a significant reduction in risk, the policyholder is entitled to terminate the contract by giving four weeks' notice in writing or in another text form or to demand a premium reduction. If Helvetia rejects a request by the policyholder for a premium reduction or if the policyholder does not agree with the reduction offered, the policyholder is entitled to terminate the contract within four weeks of receipt of the statement in writing or in another text form. The premium reduction shall take effect from the date upon which the notification of significant reduction in risk is received by Helvetia.
Unless a confirmation of cover has been issued in written text form for an earlier date, insurance cover shall commence at the start date specified in the insurance policy.
The contract term is to be for the duration of time stated in the insurance policy. It is renewed at the end of this term or for one year at a time.
At Helvetia, we care about our customers and believe in building long-term relationships by providing quality products combined with a high standard of service. If it should happen that you have cause for complaint, either in relation to your policy or any aspect regarding the standard of our insurance service or our claims-handling service, please see the steps outlined as follows:
Your right to take legal action is not affected by following any of the above procedures.
Insurance cover is granted in Ireland and in all countries for which insurance cover is granted in accordance with the international insurance certificate (formerly the Green Card).
In the case of transportation by sea, the insurance cover is not interrupted, if the place of departure and destination are within the local jurisdiction (Republic of Ireland, Northern Ireland, Great Britain, the Isle of Man, and the Channel Islands).
Insurance cover begins on the date specified in the insurance policy and applies to events that occur within the policy period.
Third Party Liability Insurance coverage exists from the date & time of vehicle redemption. If you have submitted a written application to us (or in another text form), you will have provisional coverage in the sectors that you have applied for from the date of redemption of the vehicle. The provisional coverage ends upon acceptance of the contract by Helvetia or, in the event of rejection, 3 days after receipt of the rejection notice by you.
The partial premium remains due to us until the insurance cover expires. This applies, once the necessary changes have all been made to the insurance policy, if you apply for a change in insurance cover.
Helvetia may demand contract/policy adjustments from the following insurance year onwards in the event of changes to the following insurance conditions:
If adjustments are made to the contract/policy, the new contractual conditions will be communicated at the latest 25 days before the start of the new insurance period.
The premium is based on the selected scope of insurance and the information provided by the policyholder regarding the insured persons and the vehicle. If one of these details changes, Helvetia has the right to adjust the contract/policy to the changed circumstances.
The policy may be cancelled:
No refund of premium shall be made until the insurance disc and the certificate of motor insurance have been received by Helvetia, either in original or accepted digital form.
Helvetia, in the event of (a) or (b) above occurring, will return to the policyholder a proportionate part of the premium paid in respect of the unexpired term of the Policy subject to the following
Any cancellation by either Helvetia or the policyholder shall be without prejudice to any rights or claims of Helvetia or the policyholder arising prior to the expiration of such notice of cancellation.
If you are paying, or have agreed to pay the premium by instalments, any default in payment on the due date may result in the Policy cover being terminated.
If any claim covered by this Policy is also covered by any other policy of insurance whether effected by the policyholder or not, Helvetia shall not be liable to pay more than a rateable proportion of any such claim.
The policyholder must take all reasonable steps to safeguard the Insured Vehicle against loss, damage, and breakdown, and to prevent injuries. The policyholder and any insured person should/shall ensure that the keys are not left in or on the Insured’s Vehicle while unattended or that the Insured Vehicle is unlocked whilst unattended.
The Insured Vehicle should/shall be maintained in a good and roadworthy condition. The policyholder must ensure that the Insured Vehicle has a valid NCT certificate.
The policyholder must immediately inform us about any of the following changes which occur during the Policy Period:
When you notify us about a change, or if we otherwise become aware of any such change, as referenced above, we may reassess the policy insurance premium chargeable and policy cover more generally.
We may refuse a claim made by the policyholder and/or by an insured person (as the case may be) where there has been a change in the subject matter of the insurance policy which results in a new risk which we did not agree to cover and which was beyond the reasonable contemplation of us and the policyholder when the Policy was entered into.
Failure to disclose any such change may result in difficulty by you or an insured person in obtaining insurance in the future.
Misrepresentation
In this Condition, ‘negligent misrepresentation’ means a representation made without reasonable care but which is not fraudulent. Where a claim is made under the Policy but an answer which was provided or information which was volunteered, by or on behalf of the policyholder or an insured person involves a negligent misrepresentation, the remedy available to Helvetia will be dependent upon what it would have done had it been aware of the full facts and shall be based on a compensatory and proportionate test, as follows:
Fraudulent Claims
If the policyholder or anyone acting for them, makes a claim under the Policy, knowing that the claim is false or misleading and/or makes a claim for any loss or damage deliberately caused by the policyholder or a person covered to drive the Insured Vehicle with the knowledge of the policyholder, then Helvetia may:
If the policyholder or an insured person commits a fraudulent act on any other Policy of Insurance, then Helvetia reserves the right to cancel this Policy and/or let the appropriate law enforcement authorities know about the circumstances.
If you have reported to us (orally or in writing) a driving disqualification as a result of you driving:
We have the right to adjust or to terminate the insurance policy.
If, under the provisions of Section 76 of the Road Traffic Act, 1961 (as amended), Helvetia is required by law to pay a claim which it would not otherwise be obliged to pay under the terms of this Policy, Helvetia shall pay such claim but will be entitled to recover from the policyholder all sums paid by it.
If the owner of the vehicle to which the insurance policy relates moves his place of residence or the permanent location of the Insured Vehicle to a location abroad, or purchases foreign licence plates for the vehicle, the insurance policy/contract or the coverage expires after 60 days of that event occurring. There is no insurance cover for vehicles with a permanent location abroad.
Any differences arising out of this contract of insurance shall be referred to an Arbitrator to be appointed by the parties in accordance with current statutory provisions. Where any difference is, by this condition, to be referred to Arbitration, the making of an award shall be a condition precedent to any right of action against the Insurer. Claims not referred to Arbitration within 12 calendar months from the date of disclaimer of liability by Helvetia shall be deemed to have been abandoned.
This clause applies where we have the right to be subrogated to the rights of the policyholder or to the rights of an insured person against some other person but the policyholder or the insured person has not exercised those rights and might reasonably be expected not to exercise those rights because:
And where, in the above circumstances, the other person is not insured in respect of their liability to the policyholder or to the insured person, we do not have the right to be subrogated to the rights of the policyholder or the insured person against that other person.
And where the other person is so insured, we may not recover from the other person an amount greater than the amount that that person may recover under their insurance policy.
This clause does not apply where the conduct of the other person that gave rise to the event or loss involved serious or wilful misconduct.
If the policyholder or the insured person is an employer, we will not exercise our right(s) of subrogation against an employee except where the loss was caused by an employee intentionally or recklessly and with knowledge that the loss would probably result.
All monies which become or may become due and payable by us under this insurance policy shall, in accordance with Section 93 of the Insurance Act 1936, be payable and paid in the Republic of Ireland.
The appropriate Stamp Duty has been or will be paid in accordance with the provisions of Section 5 of the Stamp Duties Consolidation Act 1999.
The following are excluded from coverage/indemnity by this insurance policy:
The insurance policy does not cover claims arising from accidents or damage that may occur or arise during participation in races, rallies, offroad events, or similar drives, including training drives and other drives on race tracks, circuits, and other traffic areas used for motorsport purposes.
The insurance policy does not cover damage or claims which may occur or arise:
Damage and claims are not insured by the insurance policy if the claim(s) arise:
The insurance policy does not cover losses or claims resulting from the intentional commission of crimes or misdemeanours or attempts to do so (in particular also in the event of embezzlement or unlawful appropriation) by the policyholder and/or by an insured person.
In the event of a breach of statutory or contractual obligations, the coverage/indemnity to be provided by the insurance policy and the necessary compensation shall be reduced to the extent that the occurrence or extent of the loss was influenced by this.
No reduction will be made if the policyholder proves that the breach of obligation was not its fault or that the loss would have occurred even if the statutory or contractual obligation had been fulfilled.
We reserve the right to withdraw from the insurance policy for legal or contractual reasons.
The statutory consequences in the event of a breach of the duty of disclosure upon conclusion of the insurance policy are also reserved.
We can reduce, refuse to pay, or reclaim, any benefits of this insurance policy, in part or in full, from you or from any other insured persons if:
If we do not receive your payment 4 weeks after our request, we will ask you in writing to pay within 14 days of sending our reminder. If you do not heed our reminder, the entire insurance policy will lapse after those 14 days. You would/will still then owe us the corresponding amount.
In the event of grossly negligent causation by you of any damage, we are entitled to reduce our benefits in a proportion corresponding to the severity of your fault.
Compensation is due 30 days after the date by which we have received the documents required to determine the amount of the damage and our liability. In particular, the due date shall not occur if:
The claims arising from this insurance policy shall lapse six years after the occurrence of the event giving rise to the obligation to perform.
Claims for compensation rejected under fire, theft and more, windscreen and full comprehensive insurance that are not asserted in court within six years of the occurrence of the loss event are forfeited.
Our benefits per insured event are limited to the sum insured entered into the insurance policy schedule.
The agreed deductible/policy excess is payable by you for each event and cover for which we pay compensation. The deductible/policy excess will be deducted from the insured compensation or reclaimed from you.
21.2 A deductible of EUR 1,500 will apply in addition to the deductible displayed in your policy schedule for each event and coverage if:
If you do not claim during the current period of insurance, we will discount your insurance policy renewal premium. The discount will be in accordance with the No Claims Bonus scale applicable at the time of renewal of your insurance policy. Please see the table below for the current discount scale.
For each insurance year, the number of claim-free years on the main renewal date is redetermined on the basis of an annual observation period. Each year, the bonus level is reassessed at the main renewal date. For this, the claim(s) history from/for the 12 month period ending 4 months before the main renewal date is considered.
| Number of claim-free years driving (only in respect of your own Insurance Policy) | Percentage discount allowed |
|---|---|
| 0 | 0% |
| 1 | 10% |
| 2 | 20% |
| 3 | 30% |
| 4 | 40% |
| 5+ | 50% |
If you make a claim, we will reduce the discount at the next renewal according to the following table, unless you have chosen the “No Claims Bonus Protection” option. Your Insurance Policy Schedule will show if you have the “No Claims Bonus Protection”.
| Number of claim(s)-free years at the start of the Insurance Policy or when it was last renewed | Number of claim(s)-free years at next renewal for one claim happening in the observation period |
|---|---|
| 0 | 0 |
| 1 | 0 |
| 2 | 0 |
| 3 | 0 |
| 4 | 1 |
| 5+ | 2 |
If you make two or more claims in the previous insurance year/period, we will reduce your No Claims Bonus to 0.
If we make payments that we cannot recover from another person, the claim will count against your No Claims Bonus even if you were not at fault.
You cannot transfer your No Claims Bonus to anyone else.
Your No Claims Bonus will not be affected by:
If "No Claims Bonus Protection" has been included, the number of claim-free years will remain unchanged for the following insurance year after the first claim per observation period that would otherwise lead to a higher premium. The second claim in the same observation period will then be considered as the first one.
Only the Policy Schedule determines whether the Third Party Liability Insurance is included in the contract. If so, the coverages described below are insured in accordance with the following provisions.
Subject to the terms and limitations of this Section, Helvetia will also indemnify:
Provided that:
Helvetia shall not be liable:
Covered is your legal liability to pay compensation for death, bodily injury, or property damage arising out of an accident caused by you while driving a private vehicle which is not owned, leased, or hired by you or by your employer or business partner, and which is not the subject of a hire-purchase, contract-hire, or lease agreement with you.
This cover is only provided if your Policy Schedule and your Certificate of Insurance expressly state that you are covered to drive other vehicles, and is limited to liability cover only under Section C of these Terms and Conditions.
This cover shall only apply if:
Cover under this extension applies exclusively to you as the Policyholder, provided that the Policyholder is a natural person.
This extension does not apply if the Policyholder is a legal entity, company, or organisation of any kind. No other person, including any named or additional driver listed in the Schedule or authorised elsewhere in this Policy
There is no cover under this extension if:
You must ensure compliance with all duties and responsibilities as outlined in these General Conditions of this Policy. Any breach may result in denial of indemnity.
Only the Policy Schedule determines whether the Fire, Theft and More, Windscreen, Full Comprehensive and/or the Additional Coverages Insurance is included in the contract. If so, the coverages described below are insured in accordance with the following provisions.
The insurance policy covers the policyholder, the owner, and the keeper of the Insured Vehicle(s), as well as additional drivers – whether or not they are declared in the policy schedule.
However, if a driver is not listed in the policy schedule as a keeper, most frequent or additional driver, an additional deductible will apply in accordance with section B.21.2.
The insurance covers the vehicle(s) registered in your contract/insurance policy.
Unless otherwise agreed, equipment and accessories subject to a surcharge are insured up to a value of 10% of the relevant catalogue price.
The following equipment and accessories are excluded from coverage by the insurance policy:
A total loss is deemed to have occurred if the repair costs amount to or exceed 80% of the current value of the insured vehicle, or if a lost vehicle is not recovered within 30 days of us receiving written notification of the loss (or in another text form). We shall then reimburse the current value. Any residual value of the vehicle will be deducted.
Compensation for the Insured Vehicle shall be the lower of:
Any subsequent increase in value after purchase is not covered. Any residual value will be deducted.
The indemnity to be provided by the insurance policy shall be reduced by the value of the remains of the unrepaired vehicle, including equipment and accessories, if these remain in the possession of the owner. No deduction will be made if the remains are assigned to Helvetia by means of a written power of sale. Helvetia is not obliged to accept the remains.
If the Insured Vehicle is subject to a hire-purchase or leasing agreement, we may, at our sole discretion, choose to repair or replace the vehicle or to pay the legal owner (lessor) directly for the assessed loss or damage.
Once payment has been made to the legal owner, or the vehicle has been repaired or replaced accordingly, we shall have no further liability for the same loss or damage – including for theft or attempted theft of the Insured Vehicle.
This provision applies regardless of any residual financial obligations which the policyholder may have under the respective agreement.
In the event of partial damage to a vehicle, we will reimburse the repair costs. We are not obliged to pay for the replacement of parts if they can be repaired without any problems. If the damaged parts can be replaced by high-quality reproduction parts or used parts, we do not have to pay for the cost of new original parts. If individual worn parts are replaced during the repair, the entire vehicle is repainted or other wear and tear defects are repaired, we are entitled to make a deduction (new for old) corresponding to the added value of the repair costs. If the repair is not carried out, we will reimburse 90% of the calculated amount of damage less any applicable value added tax if the claimant is registered for, and can thus "recover", the VAT.
In the event of a claim, we will also reimburse the costs of extinguishing any fire, the costs of temporary accommodation (including parking costs), the transportation (including the return) of the insured vehicle to an approved repair workshop, and the dismantling required by the operator. The assumption of these additional costs is, however, limited to EUR1,250.
If inadequate maintenance, wear and tear, or pre-existing damage, have increased the repair costs, are more likely to have caused a total loss, or if the condition of the vehicle has been improved by the repair, the corresponding share of the costs shall be borne by you. This share is to be determined by experts. If the catalogue price (including equipment and accessories) of the vehicle was declared too low, the compensation will be reduced proportionately in the event of a claim.
If a lost vehicle is found by us within 30 days of receipt of the written claim notification (or in another text form), you are obliged to take back the repaired vehicle.
VAT will not be compensated if the claimant is registered for, and can thus "recover", the VAT. Claims payments are made on the basis that the estimated repair costs do not include VAT.
Claims are NOT insured as a result of:
Damage caused by out of circulation causes, breakage, and wear and tear, in particular also broken springs caused by the vibrations of the vehicle, material fatigue, gradual damage to glass or glass replacement, damage due to inadequate lubrication or oiling, damage due to lack of oil, damage due to filling with the wrong fuel, freezing or lack of cooling water (except as a result of insured theft), material, manufacturing or construction defects and damage caused by the load; and, furthermore, damage relating exclusively to the tyres (except as a result of puncturing) or the battery.
Damage due to loss of use, reduced performance or usability, of the vehicle as well as collector's value, reduced value, and additional value.
In order to ensure that repairs are carried out in accordance with the technical specifications and quality standards of the vehicle manufacturer, we may, where appropriate, suggest that the repair be carried out by a workshop recognised or recommended by the manufacturer. The choice of repair workshop remains with the policyholder. However, if no agreement can be reached with the workshop appointed by the policyholder regarding the repair method or the cost estimates, we reserve the right to appoint another qualified garage. If the policyholder does not agree to have the repairs carried out at a facility recommended by us, we will reimburse the repair costs based on the amount determined by our appointed expert. Should the repairs be carried out at an unreasonably high cost without our prior approval, our compensation shall be limited to the amount established by our expert.
You must allow us, if we wish, to examine the damaged property and to inspect the damaged vehicle before and after the repair at any time, and you must provide us with the information and documents required to determine the extent of the damage. Failure to do so may result in Helvetia's indemnity or contribution to the policyholder being reduced or not paid at all.
In the event of theft or vandalism, you must inform the police immediately. If the theft or vandalism occurs abroad, it must also be reported to the police station at your place of residence in Ireland. If the vehicle is found or if anything becomes known about its whereabouts, we must be informed immediately.
Only the Policy Schedule determines whether the Windscreen Insurance is included in the contract. If so, the coverage described below is insured in accordance with the following provisions.
The insurance policy covers involuntary breakage of front/windshields, and side & rear windows (the aforementioned list is exhaustive) that makes it necessary to replace or repair the windows for safety reasons. No compensation or indemnity will be paid if the replacement or repair is not carried out or if the replacement costs of the glasses reach or exceed the current value of the vehicle.
Only the Policy Schedule determines whether the Fire, Theft and More Insurance is included in the contract. If so, the coverages described below are insured in accordance with the following provisions.
The insurance policy covers involuntary damage caused by fire, lightning, explosion, and/or short circuit(s). Damage to electronic devices, components, and batteries, is only insured if the cause is not due to an internal defect. Damage to the vehicle during the extinguishing operation is also insured. Fire damage is not insured if the vehicle owner can assert claims against the seller, supplier, or repair company. Singeing damage is not insured unless it is due to a fire.
Fire Brigade Charges - In respect of any event which may be the subject of indemnity under this policy we will also pay for charges that be levied by a fire authority in accordance with the provisions of the Fire Services Act 1981 to control or put out a fire in the Insured Vehicle or to remove the driver or passengers from the Insured Vehicle using cutting equipment, subject to a limit of €2,500 in respect of any one incident.
The insurance policy covers loss, destruction, or damage, due to theft, theft for use, and robbery of the insured items, or attempted theft, if they occurred involuntarily. No compensation is paid for crimes committed by the policyholder or family members of the policyholder or any insured person.
The insurance policy covers involuntary damage caused directly by natural events such as storms (which are to be winds of at least 75 km/h), hail, avalanches, damage caused by snow falling directly on the vehicle (snow pressure), damage caused by rocks, stones, and earth, falling directly onto the vehicle (landslide), high water, and flooding. This aforementioned list is exhaustive.
The insurance policy covers involuntary damage caused by snow or ice falling onto the Insured Vehicle. If branches break off and fall due to the snow load, the damage to the Insured Vehicle caused by the branches and snow is covered.
The insurance policy covers loss or damage to the insured vehicle caused by a collision with an animal. In order to qualify for coverage, the event must be officially recorded by the responsible authorities (e.g. the police or a veterinary surgeon), or confirmed by the animal’s owner. If no such confirmation is available, compensation will only be provided if the policy includes coverage for full comprehensive insurance.
Only the Policy Schedule determines whether the Full-Comprehensive Insurance is included in the contract. If so, the coverages described below are insured in accordance with the following provisions.
The insurance policy covers damage caused by sudden, violent, external influences, in particular damage caused by impact, collision, overturning or falling, sinking in and sinking out, even if they occur following damage caused by out of circulation, breakage, or wear and tear, as well as damage caused by wilful or malicious acts by third parties. Twisting during tipping or loading and unloading are deemed equivalent to the external impact of a collision, provided that the operating and safety regulations are observed. If benefits are paid under this condition, we will not simultaneously pay further benefits per insured event under the coverage for damage to the parked vehicle.
The insurance policy covers intentional or malicious acts by persons who are in no way authorized to use the vehicle.
In particular, persons who have been commissioned by the authorized person to look after the vehicle (e.g. workshop or hotel employees) or who are in a close relationship with the authorized person (e.g. their employees, family or household members) are to be regarded as authorized.
The Policy Schedule alone determines which of the coverages described below are included in the insurance contract. The descriptions define the insured scope of cover.
In accordance with the Conditions within D of these Policy Terms & Conditions, compensation in the event of a total loss shall be paid at current value (replacement price less residual value).
In deviation from the Conditions within D of these Policy Terms & Conditions, compensation in the event of a total loss is paid at new value (new car replacement) in the first year of operation (12 months from initial registration of the vehicle). From the second year of operation, compensation is calculated in accordance with the Conditions within D of these Policy Terms & Conditions.
Fees and other costs, such as inspection fees or delivery charges, are excluded from insurance cover.
The new value (new car replacement) is the price that would have to be paid on the day of the damage to replace a new vehicle of the same type. Only equipment and accessories supplied at extra cost by the original manufacturer of the vehicle are covered. Fees and other costs, such as inspection fees or delivery charges, are excluded from insurance cover. Any residual value of the vehicle will be deducted.
Any indemnity under this New Car Replacement option shall in all cases be capped at the Policyholder’s documented purchase price of the Insured Vehicle (excluding fees and other costs such as inspection fees or delivery charges).
If the vehicle keys are lost, we will reimburse the costs of replacing the keys and changing the lock, including reprogramming the immobilizer. In addition to the general exclusions, there is no insurance cover for theft of the key from inside the vehicle.
In addition to the Conditions within E. of these Policy Terms & Conditions, damage to vehicle parts made of glass or materials used as glass substitutes, is insured.
Damage to the vehicle's rear-view mirror is also insured if the bracket is damaged and needs to be replaced with the same part.
The light bulbs are also insured if they are destroyed when the glass breaks.
No compensation will be paid if the glass is not replaced or repaired or if the cost of replacing the glass corresponds to or exceeds the current value of the vehicle.
Covered are only chargers and wallbox(es) permanently installed at the private residence of the policyholder or the named usual driver, if the vehicle insured under this policy is an electric or hybrid vehicle and is regularly charged at the respective device.
The insurance covers sudden and unexpected damage caused by:
In addition to the general exclusions, the insurance for chargers does NOT cover the following:
In/Upon the occurrence of an insured event (as defined in Article 2 of this document), this Driver Protection Insurance provides the insured benefits (as defined in Article 4 of this document) to the Policyholder and/or the Authorized Driver(s) and/or the Insured Person(s) (as defined in Article 3 of this document).
For the purpose of this Driver Protection Insurance, an "Accident" is any sudden and unintended external impact on the Policyholder and/or an Authorized Driver and/or an Insured Person that causes an impairment or injury to the physical, mental, or psychological, health of a Policyholder and/or an Authorized Driver and/or an Insured Person or the death of a Policyholder and/or an Authorized Driver and/or an Insured Person.
This Driver Protection Insurance covers any Accident that: 1. occurs while a Policyholder and/or an Authorized Driver and/or an Insured Person is driving the Insured Vehicle and 2. is caused solely by a Policyholder and/or an Authorized Driver and/or an Insured Person, i.e. an Accident for which no third party can be held liable.
In addition to the above, this Driver Protection Insurance also covers any Accident that occurs when a Policyholder and/or an Authorized Driver and/or an Insured Person is (by way of exhaustive list):
In the cases described under letters c), d), or e), above, the Accident may be caused by a third party who is held liable for the same.
The Policyholder and/or an Authorized Driver and/or an Insured Person is entitled to benefits under this Driver Protection Insurance.
An Authorized Driver is a person who drives the Insured Vehicle with the explicit knowledge and consent of the rightful owner or user of the Insured Vehicle.
In the event of the death of a Policyholder or an Authorized Driver or an Insured Person, their legal beneficiaries/heirs will benefit from the coverage so provided by this Driver Protection Insurance.
In the event of an Accident, the Policyholder and/or an Authorized Driver and/or an Insured Person is entitled to the one-off payment of an amount equal to the base insurance sum (as defined in the Policy Schedule) multiplied with the following percentage depending on the type of Accident (by way of exhaustive list):
| Insured Event | Percentage of the basic Insurance Sum |
|---|---|
| Death | 100% |
| Permanent Disability: | According to type and degree of disability: |
| a. Sense of sight in one eye | 50% |
| b. Sense of hearing in one ear | 30% |
| c. Sense of smell | 10% |
| d. Sense of taste | 5% |
| e. Arm | 70% |
| f. Hand | 55% |
| g. Thumb | 20% |
| h. Index finger | 10% |
| i. Other fingers | 5% |
| j. Leg above the knee | 60% |
| k. Leg below the knee | 50% |
| l. Foot | 40% |
| m. Big toe | 5% |
| n. Other toe | 2% |
Recurring compensation such as disability pensions, daily allowances, or similar benefits, are explicitly excluded.
The compensation from this additional insurance is independent of any other compensation from any private or public insurance. In the case of accumulation of the Insured Events described in letters a. to n. above, a maximum of 150% of the insured base sum will be compensated. The degree of permanent disability is determined by a recognized medical institution or an officially licensed medical assessor. In case of partial loss of senses or body parts, the percentage of that loss will be applied to the percentage of invalidity applicable to the insured base sum. For example, in the case of a 30% loss of eyesight, the indemnity will be 30% of 50% of the insured base sum, so 15%.
We shall confirm, in writing, within one calendar month whether, and to what extent, we recognize an obligation to pay, pursuant to this Driver Protection Insurance, one or more of the Insured Benefits (as defined in Article 4 of this document) to the Policyholder and/or to an Authorized Driver and/or to an Insured Person (as defined in Article 3 of this document) or, in the event of the death of a Policyholder or an Authorized Driver or an Insured Person, to their legal beneficiaries/heirs. This period begins once we have received a claim application and the necessary documents for assessment. If we acknowledge the claim or agree upon the basis and amount, the payment will be made within two weeks thereafter. If the obligation to pay is initially only determined in principle, we will provide appropriate advance payments upon any reasonable request that is made in writing.
If a liable third party is identified after the indemnity payment, we reserve the right to seek recovery from the third party, as permitted by law.
In addition to other exclusions, the following are excluded from the insurance coverage of this Driver Protection Insurance:
Covered are medical expenses for each person travelling in the insured vehicle who sustains injuries as a result of an accident involving the insured vehicle.
The insurance covers loss or damage to personal belongings in the insured vehicle caused by accident, fire, theft or attempted theft.
Personal belongings include, but are not limited to:
Insurance cover does not apply to:
The courtesy vehicle is only provided through an authorised Original Equipment Manufacturer (OEM) who also operates as our approved body repairer, and only if a vehicle is available at the time of need. Covered are the following cases in which the cost of a courtesy vehicle may be reimbursed:
This provision solely governs the reimbursement of vehicle costs. It does not include or imply any insurance coverage for the courtesy vehicle itself. Insurance cover is defined separately under point 9.
The courtesy vehicle eligible for cost reimbursement must meet the following criteria:
In addition to other exclusions, the following are excluded from the cost coverage:
The courtesy vehicle is only provided by an authorised Original Equipment Manufacturer (OEM) who also operates as our approved body repairer, and only if a vehicle is available at the time of need. Covered are the following cases in which a courtesy vehicle may be provided:
This provision solely governs the transfer of insurance cover. It does not include or imply any reimbursement or payment of costs related to the courtesy vehicle itself (e.g. rental fees). Costs cover is defined separately under point 8.
The courtesy vehicle provided will meet the following criteria:
Cover for the courtesy vehicle applies only if no other insurance cover exists for the same vehicle and use. The following conditions apply:
A deductible of EUR 1,000 will apply for each event and coverage.
In addition to other exclusions, the following are excluded from the insurance coverage:
Covered is the cost of draining and cleaning the fuel tank and fuel system if, during the period of insurance, the insured vehicle is accidentally misfuelled with an inappropriate type of fuel and has not been started or driven following the incident.
The insured vehicle must not be started or driven after misfuelling, and all receipts and invoices must be retained as evidence of any costs incurred.
No cover is provided in respect of:
Helvetia is the data controller for this contract under data protection legislation. For the purpose of this section, ‘you’ or ‘your’ shall mean you, the policyholder, or any other person entitled to indemnity under this policy of insurance.
Everyone has rights with regards to the way in which their personal data is handled. During the course of our business activities, we will collect, store, and process, personal data about you. The purpose of this section is to give you some information about the collection and processing of your personal data. Further information can be obtained in our Privacy Policy which is available at https://www.helvetia.com/ch/web/en/about-us/contact/privacy.html
Where appropriate, we may collect the following personal data (‘Data’) from you and/or about you:
We may also, in certain cases, receive sensitive information from which it may be possible to infer your trade union membership, your religious beliefs or your political beliefs (for example. if you are a member of a group scheme through a professional, trade, religious, community, or political organisation).
The above list covers the main data types collected by Us. For further information, please see our Privacy Policy at https://www.helvetia.com/ch/web/en/about-us/contact/privacy.html.
We require this Data in order to manage and administer our relationship with you, to evaluate the risk and to assess the insurance policy premium to be paid, to validate and settle any claims, to bring and/or to defend legal proceedings, to prevent, to detect, and to investigate, fraud, and in order to generally take any steps required to fulfil our contract with you and/or to comply with our legal obligations.
Note: If you provide us with Data relating to another person you must first: (a) inform that person about the content of our Privacy Policy and (b) obtain any legally required consent from that person to the sharing of their Data in this manner.
We may collect Data from third parties if you engage with us through a third party, for example through an insurance broker or, in the case of a group scheme, through your employer. We may also obtain Data from other third parties such as financial institutions, claims service providers (including private investigators), and insurance industry and government bodies, for the purposes described above.
We may use, process, and store, the Data for the following purposes:
In order to prevent and detect fraud as well as the non-disclosure of relevant information:
The above list is not intended to be exhaustive (please see our Privacy Policy for more information).
In addition, we may check the Data that you have provided against international/economic or financial sanctions laws or regulated listings to comply with legal obligations or otherwise to protect our legitimate business interests and/or the legitimate interests of others.
We may share your Data (where appropriate/applicable) as follows:
In addition, information about claims (whether by our customers or third-parties) is collected by us when a claim is made under a policy and placed on InsuranceLink. This information may be shared with other insurance companies, self-insurers, or statutory authorities. The purpose of InsuranceLink is to help us identify incorrect information and fraudulent claims and, therefore, to protect customers. Under data protection legislation you have a right to know what information about you and your previous claims is held on InsuranceLink. If you wish to exercise this right then please contact us.
We will also add details of your policy to the Motor Third Party Liability Database maintained by the Motor Insurers Bureau of Ireland (MIBI). MIBI will make this information available to the Minister for Transport, Tourism and Sport and An Garda Síochána for the purposes of section 78A of the Road Traffic Act 1961 (as amended). MIBI may also use this information to:
More details can be found on the MIBI data protection webpage: https://www.mibi.ie/data-protection
Finally, where you have consented to our doing so, we may share information that you provide to companies within our Group and with other companies that we establish commercial links with so that we and they may contact you (by email, SMS, telephone, letter, or other appropriate means) in order to tell you about carefully selected products, services, or offers, that we believe will be of interest to you.
The time periods for which we retain your Data depend on the purposes for which we use it.
We will keep your Data for no longer than is required or legally permitted.
You have a right not to be subjected to decisions based solely on automated processing, including profiling, which produce legal effects concerning you or similarly significantly affects you other than where the decision is:
Where we base a decision on solely automated decision-making, you will always be entitled to have a person review the decision so that you can contest it and put your point of view and circumstances forward.
You have the following rights in relation to your Data, which is held by us:
However, these rights may not be exercised in certain circumstances, such as when the processing of your Data is necessary to comply with a legal obligation or for the exercise or defence of legal claims. If you wish to exercise any of your rights in this regard a request must be submitted in writing to our Data Protection Officer. In order to protect your privacy, you may be asked to provide suitable proof of identification before we can process your request.
Please note that this Data Protection section is not a standalone section. It contains a brief description of the information you need to understand how your Data is used by us and should be reviewed in conjunction with our Privacy Policy.
If you have any questions about your Data, you can contact our Data Protection Officer:
Helvetia Insurance
Data protection
St. Alban Anlage 26
4002 Basel
Tel. +41 58 280 1000