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lisalegs11

Holiday insurance - clause confusion?

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Hi Everyone, this is my first post as I really need some advice please!

 

While in France last week with my mum and my 4 month old baby we were reversed into by a French driver, while my mum was driving a hire car.

We were on our way to the airport for a flight home, and needless to say the hooha of getting his info and informing the hire company etc led us to miss our return flight.

We paid 250 euros for new return flights, and the 500 euros excess on the hire car (which we will get back when that is sorted) BUT Natwest Gold Insurance say we are not covered for the return fares as it was not OUR car that was in the accident!

 

The clause they appear to be using is this one, although they wont tell us for sure that this is the clause, apparently we have to make a claim and it be refused - thats when they tell us the clause it was refused under!

''What you are covered for

We will pay up to £1,000 per insured person for additional

accommodation, travel expenses, meals and refreshments,

if you fail to arrive at your departure point in time to board

your booked transport and this is because of:

1. An accident or breakdown involving your own vehicle;

2. The scheduled public transport taking you to your departure

point not running to timetable.

The definition of public transport is the following scheduled

service: train, coach, bus, aircraft or sea vessel.

Claims conditions

In addition to anything mentioned in the general conditions,

in order for your claim to be considered you must:

1. Provide confirmation of your scheduled departure time as

detailed on your travel itinerary and your actual departure

time from the airline/carrier.

What you are not covered for (exclusions)

In addition to anything mentioned in the general exclusions,

we will not pay for claims which are a result of:

1. You missing the check-in time as shown in your travel

itinerary for any reason not detailed in the ‘What you are

covered for section’.''

 

Can anyone please shed any light onto whether or not they should cover a car that has been hired by us (we are both Advantage gold holders, so both have their holiday insurance) should be classed as our car?

I might sound dull here, but if they are saying its only ever your own car, then this doesn't apply to anyone once out of the country (unless taking own car on ferry etc!) - I have checked the policy a lot and cant find anywhere about whether a car hired is classed as your own?

 

Please help, our nice cheap week away so far has cost quite alot of money!

thanks!!!

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I would ask them if you were covered if your car was on HP (owned by the finance company) or a company provided car (owned by your employer or a leasing company). Their clause appears so vague as to be meaningless - but you may need the Ombudsman to untangle it for you if they don't back down.

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I thought I posted earlier, evidently not.

 

I was going to say that you could use the contra preferentum rule, which means that where wording is ambiguous, the meaning that favours the policyholder is used.

 

I cannot see how they can rely literally on the term "owned by you", as exampled by Pat. I think what is meant is a vehicle insured on the policy.

 

In fact, have a look at your policy documentation under definitions (if they bothered to actually provide some). "you", "your" should be defined be defined. See if "your car" is also defined and let us know.


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Hi

 

I checked, there is the normal definition for 'you', but not your car or anything of that kind.

 

We will get back to them with what you have suggested and see what comes of that!

 

Thank you :-)

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Have you thought about claiming from the French driver's insurance company? Technically the french driver made you miss the flight, so would be liable for the financial damage caused to you.

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