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Regulation 3 Benefits in kind

Original text. Later amendments are not shown.

(1)

For the purposes of sections 2(5) and 15(6) of the Act, there is hereby prescribed any contract of insurance which—

(a)

is a contract under which the benefits provided by the insurer are exclusively or primarily benefits in kind in the event of accident to or breakdown of a vehicle, and

(b)

contains the terms specified in paragraph (2) below.

(2)

The terms referred to in paragraph (1) above are—

(a)

that, subject to such restrictions as may be set out in the contract, the assistance shall normally be available on demand at least throughout the mainland of Great Britain; but in no case is assistance to be available outside the United Kingdom and the Republic of Ireland except where it is provided without the payment of additional premium by a body in the country concerned with whom the insurer has entered into a reciprocal agreement;

(b)

that assistance provided in the case of an accident or breakdown occurring within the United Kingdom or the Republic of Ireland shall normally be provided by the insurer’s servants or exceptionally by garages acting as the insurer’s agents or appointed by the insurer;

(c)

that the assistance shall take either or both of the forms of assistance specified in paragraph (3) below.

(3)

The forms of assistance referred to in paragraph (2) above are—

(a)

repairs to the relevant vehicle at the place where the accident or breakdown has occurred; this assistance may also include the delivery of parts, fuel, oil, water or keys to the relevant vehicle;

(b)

removal of the relevant vehicle either to the nearest or most appropriate place at which repairs may be carried out, or to—

(i)

the home, point of departure or original destination within the United Kingdom of the driver and passengers provided the accident or breakdown occurred within the United Kingdom; or

(ii)

the home, point of departure or original destination within the Republic of Ireland of the driver and passengers provided the accident or breakdown occurred within the Republic of Ireland or within Northern Ireland; or

(iii)

the home, point of departure or original destination within Northern Ireland of the driver and passengers provided the accident or breakdown occurred within the Republic of Ireland.

  • This form of assistance may include the conveyance of the driver or passengers of the relevant vehicle, with the vehicle, or, where the vehicle is to be conveyed only to the nearest or most appropriate place at which repairs may be carried out, the driver and passengers may alternatively be separately conveyed to the nearest location from which they may continue their journey by other means.

(4)

Paragraph (1)(a) above shall not preclude the insurer from reimbursing the policy holder for all or part of any sums paid by him in respect of assistance either because he failed to identify himself as the policy holder or because he was unable to get in touch with the insurer in order to claim the assistance.

(5)

In this regulation—

  • “the assistance” means the benefits to be provided under a contract of the kind prescribed in paragraph (1) above;

  • “breakdown” means an event—

    1. (a)

      which causes the driver of the relevant vehicle to be unable to start a journey in the vehicle or involuntarily to bring the vehicle to a halt on a journey because of some malfunction of the vehicle or failure of it to function, and

    2. (b)

      after which the journey cannot reasonably be commenced or continued in the relevant vehicle;

  • “the insurer” means the insurance company providing the assistance;

  • “the policy holder” means the person entitled to the assistance;

  • “the relevant vehicle” means the vehicle (including a trailer or caravan) in respect of which the assistance is required.