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Insurance - Miscellaneous ( 13.10.6.L4 )

LOCAL INFORMATION

13.10.6.L4
Insurance - Miscellaneous

 

Extent:       Jersey
Updated:    October 2017

____________________________________

 

Words you may need to know

 

Miscellaneous - made up of different things which have no link to each other

Insurance - a payment that is made to a company in the event that something happens. Car insurance may pay out if you have an accident, health insurance may pay out if you are unwell. There are always rules so it is important you ask what is and is not covered.

Relevance - any link to, or bearing on a matter, such as an assault when asking for home insurance cover

Unspent convictions - The difference between a spent and unspent conviction is based on the Rehabilitation of Offenders Law, this is based on the sentence you would receive by a Judge or Magistrate in court, For example a conviction resulting in a fine would not become spent until 1 year has lapsed from the date you were convicted, not the date the offence was committed.

Commercial - operated for gain or reward

Assess - judge, work out the value etc

Premium - the sum of money paid for a policy

Third party cover- Third party car insurance is the minimum level of cover required by law. Putting third party car insurance in place means, in the event you cause damage to someone else's property or injure them while driving, that person will receive compensation. There is often very little difference between third party and fully comprehensive insurance so do ask for quotes for both. In some instances, third party is more expensive.

Fully comprehensive cover - This covers both the damage you may have caused to someone else's property or injury, and any to you too. As above, always ask for quotes for both. Negligence - carelessness, not paying attention. In law a civil wrong causing injury or harm to another person or to property as the result of doing something or failing to provide a proper or reasonable level of care.

Recklessness - without care or caution

 

General

If you have a criminal conviction it is likely you will find it tricky to get home insurance cover. It doesn't matter if you have committed only a minor offence, or if the crime has no relevance to your policy, many insurers have a complete ban on anyone with unspent convictions.

Many mainstream insurers do not offer motor insurance where individuals, members of their household, named drivers or others covered by a policy have unspent convictions. You don't have to tell the company about convictions while a policy is in force (unless it is in the contract) but if you do, you may find your policy is cancelled immediately. If switching to a UK company, it is important to make sure that they can give you a window insurance disk (WID) as required by Jersey law.

Sea travel - Boats and boat passengers (not commercial)

All local registered boats over 8 feet but under 30 feet which are capable of speeds of 12 knots or more must carry third party insurance of a minimum of £500,000. Boats which are required to use the hoist must carry third party insurance of £2m minimum regardless of size or how fast they can go.

Injury / damage caused by dogs / animals to persons

Most contents insurance policies will cover third party damage caused by animals of the household, check your policy.

If you have been injured by an animal or have suffered damage, you should write to the owner of the animal stating that you are holding them responsible for any injury / damage. Unless it is a straightforward claim for damage to clothing or personal items which can be given a cost, it might be a good idea to talk to a lawyer especially when an injury is involved. Many lawyers give the first 30 minutes of their time free to assess a claim so do ask before you make an appointment.

If you have been injured and have personal accident insurance you should check to see if the injury would be covered by the policy.

Damage by domestic pets in the home

Pet owners should check with their insurance provider that damage by animals within the home will be covered, some insurance policies don't cover such damage. Policies should also be checked to make sure that damage by mice, rats etc is covered. It should be possible for extra cover to be put in place by paying a higher premium.

Skateboard, cycles, sports and accidental damage

Household contents insurance policies normally cover third party damage / injuries caused by any member of the family (including pets) but it will depend on the insurance company used - policies should be checked. It is also possible to take out third party public liability insurance which will cover any damage done by your child (or other family member) to another, such policies would be worth considering if playing sports or using equipment such as skateboards where someone else could get hurt.

Accidents involving injury or expensive damage should be reported to the police.

Football clubs don't have to by law take out insurance cover for injured players. It might make sense to take out personal accident insurance if you are playing sport on a regular basis.

Damage / injuries caused by golf balls

  • Golf Club membership
    Players are usually given third party insurance cover as part of the membership of a recognised golf club.
  • Household contents insurance policies
    Most players who have household contents insurance policies have a clause which gives third party liability cover - check your policy.
  • Other types of policy
    Some annual travel policies give third party insurance cover. It is also possible to take out third party public liability insurance which will cover any damage to third parties.

Proving negligence for damage / injuries caused by golf balls

Insurance companies will not normally pay out following claims for golfing damage/injury unless negligence on the part of the player has been proved. From case histories and advice from the Association of British Insurers it appears that merely hitting a ball 'out of bounds' does not always mean the person has been negligent. There would need to be a degree of recklessness and other factors such as high winds could also cause a problem for any claim for damages.

Insurance cover given to players as golf club members would pay for their legal costs in defending any claim that might be made.

Getting compensation for damage / injuries caused by golf balls

As insurance companies will normally fight any claim on grounds of negligence, if you have been injured you will need to have a strong case to prove that the player was negligent. If this is not possible to prove, you may need to claim on your own personal injury, or household / car insurance.

Holidays cancelled due to safety fears

Travel insurance policies do not cover the cancellation of a holidays / travel because you don't want to travel to a place that has had terrorist activity. Cancellations are normally only allowed if the Foreign Office gives a warning not to travel because it is unsafe. If you have travel booked, get in touch with your travel agent who may be able to switch your holiday to another destination. If you have booked everything yourself on - line, you have more of a problem if you decide not to go ahead. Speak to the flight operators/ hotels etc and see what they suggest.

Further problems for the traveller could be that injuries / expenses caused by terrorist activity would not be covered by travel insurance, for example travellers trapped in New York after the events of 9/11 did not get out-of-pocket or accommodation expenses if they were stranded for extra days. It is possible that insurance companies would be sympathetic if a person was injured by a terrorist attack or the outbreak of hostilities, each case would be looked at individually.