The Unified Motor Vehicle Insurance Policy Against Loss and Damage
Whereas the Insured has applied to . Company (hereinafter
referred to as the "Company") for the insurance set herein below, and
has agreed that the application is considered as the basis for and integral
part of this Policy, and has paid or agreed to pay the applicable premium, and
the Company has accepted and represented to pay compensation to the Insured in
case of any damage to the Motor Vehicle subject to this insurance, whether it
emerges from the use or parking of the Motor Vehicle in the UAE during the
insurance period, whether the Insured caused the accident or was an injured
party.
Therefore, this Policy was entered into to cover the damages
that befall on the Insured Motor Vehicle in the UAE during the insurance period
according to the terms, conditions and exclusions in or appended to this
Policy.
Definitions:
The following terms and phrases shall have the meanings
indicated beside each of them unless the context provides otherwise:
Policy: The
Unified Motor Vehicle Insurance Policy against Loss and Damage and any rider to
it, which governs the relationship between the Insured and the Company, and
whereby the Company undertakes to compensate the Insured, on the occurrence of
the damage hereby covered, in return of the premium paid by the Insured.
Company (Insurer): The insurance company that is licensed to
operate inside the State according to the laws and regulations issued in the
State and accepts to insure the motor vehicle and has issued the Policy.
Insured: A natural or corporate person that has applied for
insurance, entered into an insurance contract with the Company, and paid or has
agreed to pay the premium.
Motor Vehicle Driver (Licensed Driver): The insured or any person who drives
the Motor Vehicle by the permission or order of the Insured, provided that they
are licensed to drive according to the Motor Vehicle category pursuant to the
Traffic Laws and other laws and regulations, and that the granted license has
not been cancelled by a court's order or by virtue of the Traffic Laws and its
Executive Regulations. This definition includes the driver whose driving
license has expired if they manage to renew it within thirty days from the date
of accident.
Motor Vehicle: A mechanical machine, motorcycle or any other
device that works through a mechanical force, and its specifications are
described in the Policy.
Insurance Application: The application that includes the
details of the Insured, the details of the Motor Vehicle and the type of
required coverage, and is filled in by or with the knowledge of the Insured
electronically or in writing.
Rider: Every special
agreement between the parties in supplement to the basic coverages under this
Policy.
Premium: The consideration that is paid or undertaken to be
paid by the Insured in return for insurance coverage.
Basic Deductible: The amount paid by the Insured according
to the Schedule of Deductibles attached to this Policy per accident.
Ancillary Deductible:The amount paid by the Insured
according to the Policy in addition to the Basic Deductible.
Natural Disaster: Any general phenomenon that arises from
nature such as floods, tornados, hurricanes, volcanoes, earthquakes and quakes,
and leads to extensive and widespread damage, and in respect of which a
decision is issued by the concerned authority in the country.
Flood: An event that occurs within the concept of Natural
Disasters.
Road: Every road open and available to the public without
need to get special permission, and every place that is made available for the
crossing of motor vehicles, and is made available to the public by a permission
or license from a concerned authority or otherwise, for or without
consideration according to the definition mentioned in the applicable Traffic
Laws.
Depreciation Percentage: The percentage payable by the
injured party on the occurrence of an accident, and who requests the
replacement of new parts in lieu of the used parts in case of partial loss
according to the schedules of depreciation.
Insurance Period: The period of time of motor vehicle
insurance up to the end of the thirteenth month from the commencement of the
insurance.
Chapter One: General
Conditions
1. The Policy and its schedules shall constitute one
integral contract, and any Rider to this Policy shall constitute an integral
part hereof, and every term or phrase to which a special meaning has been given
in any part of the Policy or its schedules shall have the same meaning
elsewhere, unless the context otherwise requires.
2. Any notice or notification of an accident that is
required by this Policy shall be served to the Company in writing by e-mail,
facsimile or by hand delivery to the address designated in the Policy as soon
as practically possible.
3. Any external agreement between the Insured and the
Company that will reduce the coverages hereunder shall be deemed void.
4. In case of several insurances with more than one
insurance company, the Company will only be committed to compensate damages in
the percentage of the amount insured with it to the total insured amounts
against the insured risk.
5. The Company and the Insured may agree, using riders in
return for an additional premium and within the scope of the terms and
conditions herein, that the Company shall insure against the other damages not
provided for in this Policy, in particular:
a. Insurance against the damages to the properties of the
Insured or the Motor Vehicle Driver at the time of the accident or the
properties kept with them in trust, or in their guardianship or possession
under a rider to this Policy or a separate policy.
b. Coverage of the damages or risks which occur outside the
roads.
6. Notwithstanding the terms and conditions of this Policy,
the Insurance Company may not refuse to compensate the Insured as a result of
late notification of the accident, if the delay is attributed to an acceptable
excuse.
7. With respect to a fleet insurance policy or any Motor
Vehicle insured under this Policy, the Company may not enter into any external
agreement that may reduce the coverage provided under this Policy or depriving
the Insured or the Beneficiary of this Policy from exercising the right to
claim for compensation hereunder, including depriving a claim for compensation
for any reason not related to the accident such as age, gender, or otherwise,
or the agreement will be deemed void.
8. a. If the Insured Motor Vehicle is a total loss, and the
Company compensates the Insured on that basis, the salvage will be deemed
property of the Company. The Insured may not be charged any expenses related to
the transfer of the Motor Vehicle title or issuance of a certificate of
ownership of the Motor Vehicle.
b. Before receiving compensation, the Insured shall pay all
amounts due on the Motor Vehicle and submit evidence of no objection from the
concerned authority(ies) to transfer title of the salvage to the Company. In
case of lienholders, if any, they shall provide support, paperwork, power of
attorney, etc. and appear before the concerned departments, if necessary for
transfer of title of the Motor Vehicle to the Company.
9. The Company may, at its expense, assume the judicial and
settlement proceedings to represent the Insured or the Motor Vehicle Driver
through an attorney in any investigation or interrogation and before any court
in any lawsuit or intervention in any phase of the lawsuit in relation to a
claim or accident for which the Company may be held liable under this Policy
and which may give rise to the payment of compensation according to this
Policy. The Company may settle or enter into a reconciliation for such claim.
The Insured shall provide every possible cooperation with the Company by
signing a power of attorney to the attorney or otherwise to enable the Company
to initiate any proceedings.
10. For the purpose of verifying the details of the Insured
Motor Vehicle, all details in Schedule (5) of this Policy shall be an integral
part hereof.
11. No lawsuit arising from this Policy may be filed after
the elapse of three years after the occurrence which has given rise to the
lawsuit or the related parties become aware of its occurrence.
12. The courts of the United Arab Emirates shall be
competent to determine any disputes arising from this Policy.
Chapter Two:
Obligations of the Insurance Company
1. The Company shall compensate the Insured for loss or
damage that occurs to the Insured Motor Vehicle and its accessories while in
the vehicle, including damaged parts and spare parts, in the following cases:
a. If loss or damage arises from an accidental run-over,
collision, turnover, or incident, or as a result of an unexpected mechanical
breakdown or as a result of wear and tear of parts by use;
b. If loss or damage arises from an external fire or
explosion, spontaneous combustion or lightning;
c. If loss or damage arises from robbery or theft;
d. If loss or damage arises from a third party willful act;
e. If loss or damage occurs during land transport, inland
water transport, elevators or lifting machinery including loading and unloading
processes related to the aforementioned transport processes; and
f. Any additional coverage to be agreed upon under this
Policy or special riders to it.
2. Upon the occurrence of an accident, the Company shall:
a. Repair the Motor Vehicle or any of its parts,
accessories, or spare parts and restore the vehicle to its pre-accident
condition.
b. Pay the amount of loss or damage in cash to the Insured
if this is agreed on with the Insured.
c. Replace the damaged Motor Vehicle in case of a total
loss, unless the Insured requests the Company to pay them the amount in cash.
In this case, the Company shall respond to the Insured's request.
3. If the Insured requests that new original parts are to be
installed in lieu of the parts damaged during the accident or are to be paid
for in cash, the Insured will bear the Depreciation Percentage set in Schedule
(1) of the final value of the purchase invoice. In case of taxi vehicles,
public transport vehicles and rental vehicles, the Insured will bear the
Depreciation Percentage set in Schedule (2).
4. The Insured may assume the repair of damages that occur
to the Motor Vehicle as a result of an insured accident hereunder, provided
that the estimated repair costs do not exceed the value of repair agreed upon
in writing with the Company.
5. If the Insured Motor Vehicle is lost, proves to be
irreparable, or that costs of repair exceed 50% of the Motor Vehicle value
before the accident, the insured value of the Motor Vehicle agreed upon between
the Insurer and the Insured on signing of the Insurance Policy will be the
basis of calculation of the compensation of loss and damage insured hereunder
after deduction of the Depreciation Percentage of 20% from the insured value,
and taking into account the fraction of insurance period (i.e., the proportion
of the period from the commencement date of the insurance period to the date of
the accident to the total insurance period).
6. If the Motor Vehicle becomes unroadworthy due to loss or
damage insured hereunder, the Company will bear the necessary costs of
safeguarding and transporting the Motor Vehicle to the nearest repair shop, in
order to deliver it to the Insured after repair.
7. If the damaged Motor Vehicle is repaired with repair
shops approved by the Company, the Company shall insure that the Motor Vehicle
is repaired properly, carefully and professionally and that the work is
warranted by the repair shops. The Company shall ensure that the Insured is
enabled to have the Motor Vehicle checked by any approved motor vehicle
examination agency in the UAE to make sure that the Motor Vehicle has been
properly repaired without affecting the technical examination of the damaged
Motor Vehicle at the concerned official authorities. If it is found that the
repairs are below required and recognized technical standards, the Company
shall address the issue(s) with the repair shop until the Motor Vehicle is
professionally repaired and delivered to the Insured.
8. In case of any conflict between the Company and the
Insured concerning the value of damages or the amount of compensation, the
Company will appoint an Authority-licensed and registered Surveyor and Loss
Adjuster to determine the value of these damages or the amount of compensations
at the Company's expense. If the expert's opinion is disapproved, either party
may request the Authority to appoint an expert licensed by it at the expense of
that party, and that the expert's charges will be eventually borne by the party
for whom the report was not in their favor.
Chapter Three:
Obligations of the Insured
1. To pay the Agreed upon Premium.
2. All reasonable precautions must be taken to keep and
protect the Insured Motor Vehicle from loss or damage and maintain the same in
a good working condition. In case of any accident or breakdown of the Motor
Vehicle, the Insured may not leave the Insured Motor Vehicle or any part
thereof without taking necessary precautions to prevent the aggravation of
damages. If the Insured Motor Vehicle is driven before making necessary repairs
by the Insured or the Motor Vehicle Driver, every increase of damage or every
damage to the Insured Motor Vehicle arising from the same will not be the
responsibility of the Company pursuant to this Policy.
3. The Insured shall remain the sole owner of the Insured
Motor Vehicle throughout the Insurance Period, and may not lease the vehicle to
any third party or sign any contract which may restrict their absolute
ownership and possession of the Motor Vehicle without the prior written consent
of the Company.
4. In case of any accident which may give rise to a claim
according to the provisions of this Policy, the Insured shall immediately
notify the concerned official authorities, and shall promptly notify the
Insurer and furnish all information related to the accident without
unjustifiable delay. The Insured shall furnish the Insurer as soon as possible
for every claim, notice or judicial papers once they receive them.
5. The Company shall be notified as soon as practically
possible once they become aware of any lawsuit, investigation or detections
concerning the accident. In case of theft or any other criminal act which may
give rise to a claim according to this Policy, the Insured shall notify the
police and the Company promptly and as soon as practically possible and
cooperate with the Company in this respect.
6. The Insurer may charge the Insured that has caused the
accident with a deductible amount to be deducted from the due amount of
compensation due with respect to any accident which is caused by them
personally or by the person authorized by them to drive the Motor Vehicle or
cases that are deemed committed by an unknown person, according to Schedule
(3).
7. In addition to the deductible amounts set in Schedule
(3), the Insured may charge the Insured who caused an accident an additional
deductible as follows:
a. Maximum 10% of the amount of compensation if the Motor
Vehicle Driver is below the age of 25 years.
b. Maximum 10% of the amount of compensation in case of taxi
and public transport vehicles.
c. Maximum 15% of the amount of compensation of sports cars
and modified vehicles.
d. Maximum 20% of the amount of compensation of vehicles
modified outside the factory.
e. Maximum 20% of the amount of compensation of rental
vehicles.
8. For application of paragraph (7) of this Chapter,
application of Deductible Percentages shall apply the highest percentage in the
case of several deductibles for one accident.
Chapter Four:
Exclusions
The Company will not pay any compensation for the following
issues:
1. Indirect losses that occur to the Insured or devaluation
of the Motor Vehicle as a result of its use, breakdown, defect or breakage of
the mechanical or electrical devices.
2. The damage arising as a result of overload or excess of
the limits of permissible width, length or height or the excess of the number
of passengers beyond the licensed number, provided that it is proved that this
is the proximate cause of damage.
3. The damage of tires if it does not occur at the same time
as damage to the Insured Motor Vehicle.
4. The loss or damage which occurs to the Motor Vehicle with
respect to accidents resulting from:
a. Use of the Motor Vehicle for purposes other than those
mentioned in the Insurance Application attached to this Policy.
b. Violation of laws if the violation implies an intentional
felony or misdemeanor according to the definition mentioned in the applicable
Federal Penal Code.
5. If it is proven that the Motor Vehicle has been used or
utilized in a speed race or test, provided that this is proved to be the
proximate cause of the accident.
6. The damage to the Motor Vehicle from the accidents which
occur during the Motor Vehicle being operated by a driver who is not licensed
to drive according to the Traffic Laws or without obtaining a driving license
for the kind / category of the Motor Vehicle according to the Traffic Laws and
Regulations and the provisions of this Policy, or the driver holding an expired
Driver’s License who fails to renew it within thirty days from the date of the
accident, or the license granted to them has been suspended by the court or
competent authorities or according to the Traffic Regulations.
7. Loss or damage that occurs to the Motor Vehicle, or any
part thereof, with respect to accidents while the Motor Vehicle is being driven
under the influence of narcotics, alcohol or drugs that undermine the driver's
ability to control the Motor Vehicle if this is proven to the competent
authorities or confessed by the Motor Vehicle Driver. This exclusion does not
apply in case of rental vehicles.
8. Loss or damage that occurs to the Motor Vehicle outside
the geographical territory set out in this Policy, unless a rider is issued to
extend coverage to this territory.
9. The accidents that have occurred, caused, resulted or are
related directly or indirectly to natural disasters such as floods, tornados,
hurricanes, volcanoes, earthquakes and quakes.
10. Invasion, foreign enemy hostilities or warlike
operations, whether war is declared or not, civil war, strike, civil commotion,
insurrection, revolution, coup d'état, usurped power, confiscation,
nationalization, radioactive substances and radioisotopes, atomic or nuclear
explosions, or any factor directly or indirectly related to any of the
foregoing causes.
11. Loss or damage that occurs to the Insured Motor Vehicle
if the Company loses the right of subrogation to the damage causer due to the
Insured's declaration of being responsible for the accident, which they have
not caused. If this is proven after payment of compensation to the Insured, the
Company may have recourse to it for recovery of amounts paid to them.
12. Loss or damage that occurs to the Motor Vehicle off the
road, as defined, unless a rider is issued extending coverage to drive outside
the road.
Chapter Five:
Recourses against the Insured
The Company may have recourse to the Insured or the Motor
Vehicle Driver or both, as the case may be, in the amount of compensation paid
in the following cases:
1. If it is proven that the insurance was concluded based
upon the Insured's misrepresentation and non-disclosure of material facts that
affect the acceptance by the Company to cover the risks or insurance rate.
2. If following payment of compensation, it is proven that
the Motor Vehicle was used for purposes other than those set out in the
Insurance Application attached to this Policy, or the maximum number of
passengers was exceeded, or the Motor Vehicle was overloaded, or its loading
was not secured correctly or exceeds the limits of permissible width, length or
height, provided that this is proven to be the proximate cause of the accident.
3. If following payment of the compensation it is proven
that there is a violation of the law, if the violation involves a willful
felony or misdemeanor, as defined in the UAE's applicable penal code.
4. If it is proven that loss or damage that occurred to the
Motor Vehicle, or any part thereof, arose from the Insured or another person
driving under the influence of narcotics, alcohol or drugs that undermine the
driver's ability to control the Motor Vehicle, if this is proven to the
concerned authorities or confessed by the Motor Vehicle Driver. In case of
rental vehicles, recourse will be against the Motor Vehicle Driver (renter).
5. If the accident is proven to have occurred intentionally
by the Insured or the Motor Vehicle Driver.
6. If the trailer, half-trailer or semi-trailer causes an
accident, and the Insured has not agreed with the Company on the existence of
such a trailer.
7. If loss or damage that occurs to the Motor Vehicle is a
result of theft or robbery, recourse will be against the thief.
Chapter Six: Policy
Termination
1. The Company may terminate this Policy on the condition
that there are serious grounds for termination during the Policy Period by a
notice in writing to be sent to the Insured via e-mail, facsimile, hand
delivery or registered letter thirty days prior to the fixed date of
termination to the latest address of the Insured known by the Company. The
Insurance Authority shall be advised of the grounds of such termination. In
this case, the Company shall refund to the Insured the paid premium after
deducting a portion in proportion to the period during which the Policy has
remained in effect.
2. The Insured may terminate this Policy by a notice in
writing to be sent to the Company via e-mail, facsimile, hand delivery or
registered letter seven days prior to the fixed date of termination. In this
case, the Company shall refund to the Insured the paid premium after deducting
a portion in proportion to the period during which the Policy has remained in
effect subject to the Short Rate Schedule No. (4), provided that there is no
compensation paid to the Insured or pending claims in relation to this Policy
during the period of time the Policy is valid, if the Insured has caused the
accident or in cases that are deemed committed by unknown persons.
3. This Policy shall be considered terminated in case of a
total loss to the Motor Vehicle, provided that its registration is deleted with
a report issued by the Road and Traffic Department confirming that it is
unroadworthy, and the Company shall compensate the Insured according to the
provisions of this Policy.
Insurance Authority, Unified Motor Vehicle Insurance Policy
Against Loss and Damage
