Motor 6
Motor 6
This Policy issued in accordance with the Cooperative Insurance Companies Supervision Law promulgated by Royal Decree
No. M / 32 dated 02/06/1424H and its Implementing Regulations issued under Ministerial Resolution No. 1 / 596 dated
01/03/1425H, and on the Council of Ministers Decision No. 222 dated 13/08/1422 H in respect of the motor compulsory
insurance.
Definitions
The following words and phrases shall, wherever mentioned in this Policy have the meanings indicated below, unless the
context requires otherwise:
2. Company (Insurer):
Aljazira Takaful Ta’awuni Company.
3. Insured:
The natural person or legal entity who signed the Insurance Policy with the Insurer and his name is stated in the schedule of
the Policy.
4. Proposal form:
The form completed and signed by the proposer of the insurance and information contained therein constitutes a
contractual basis and is an integral part of this document.
6. Period of Insurance:
The period of validity of insurance coverage.
7. Driver:
Anybody driving a vehicle, public work equipment or motorbike at the time of the accident (loss).
8. Vehicle:
Any means of transportation prepared to move on wheels or tracks that runs or is driven by mechanical or animal power,
well described in the Policy (excluding trains).
9. Third Party:
Any natural person or legal entity that sustains covered injury/damage under the provisions of this Policy, excluding Insured
and/or Driver.
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16. Claim:
Written notice to the Company requesting compensation for an accident (loss) covered under the provisions of this
Policy.
17. Claimant:
The natural person or legal entity affected by an accident covered under the provisions of this Policy, including the heirs
of a natural person in the event of his death.
18. Compensation:
Amounts to be paid by the Company to a third party within the maximum limit of public liability contained in this Policy.
19. Premium:
The amount paid by the Insured to the Company in return for the Company to compensate third parties for damage or
loss, which the direct cause of the occurrence, is risk insured under the provisions of this Policy.
22. CC:
Engine cubic capacity.
23. HP:
Engine horsepower.
Insurance coverage
WHEREAS the Insured by a proposal and declaration which shall be the basis of this contract and is deemed to be
incorporated herein has applied to the Company for the insurance hereinafter contained and in consideration of the
payment of the contribution (premium) mentioned in the Schedule the Company hereby undertakes to insure the
vehicle/s stated in the schedule during the stated period of insurance and in accordance with the terms exceptions and
conditions of the policy as hereinafter provided
1. The Company will indemnify the Insured against loss of or damage to the Motor Vehicle and its accessories and
spare parts whilst thereon
a. by accidental collision or overturning or collision or overturning consequent upon mechanical breakdown or
consequent upon wear and tear
b. by fire external explosion self-ignition or lightning or burglary housebreaking or theft
c. by malicious act
d. whilst in transit (including the processes of loading and unloading incidental to such transit) by road rail inland
waterway lift or elevator
e. Damage to windscreen resulting or arising from an accident to the vehicle.
f. Any natural disaster such as hurricanes, earthquakes, floods or volcanoes
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2. At its own option, the Company may pay in cash the amount of the loss or damage or may repair reinstate or replace
the Motor Vehicle or any part thereof or its accessories or spare parts. The liability of the Company shall not exceed the
value of the parts lost or damaged and the reasonable cost of fitting such parts. The Insured›s estimate of value stated
in the Schedule shall be the maximum amount payable by the Company in respect of any claim for loss or damage.
EXCEPTIONS TO SECTION I
1. The amount specified in the Schedule as Claim Excess each and every claim other than for loss or damage caused by
fire external explosion self- ignition burglary lightning housebreaking or theft.
2. Consequential loss depreciation wear and tear mechanical or electrical breakdown failures or breakages.
3. Damage to tyres unless the Motor Vehicle is damaged at the same time.
5. Theft of part or accessories from vehicle whilst left unlocked and unattended unless in locked garage or premises.
6. Additional parts or accessories or any changes to the insured vehicle other than that originally fixed or carried out
by the manufacturer at the time of issue of the Policy unless declared to the Company and additional contribution was
paid.
7. Death and bodily injury of the Insured or Driver of the vehicle and damage to insured vehicle as a result of directly or
indirectly from damage to any bridge, weighbridge, viaduct and to any road or anything beneath caused by vibration or
the weight of the Motor Vehicle or of the load carried by the Motor Vehicle.
8. Death and bodily injury or damage caused or arising beyond the limits of any carriage way , thorough fare or public
road unless in connection with the bringing of any load to the motor vehicle or the taking away of the load from the
motor vehicle after loading there from.
9. Damage to the insured vehicle caused by sparks or ashes from the Motor vehicle, if steam drive.
10. Death of the Insured or Driver of the vehicle and Damage to the insured vehicle Caused by arising out of the
explosion of a boiler forming part of, attached to or on the Motor Vehicle.
12. If it is proven that the Insured has stated in the insurance proposal form false declaration/statements or concealed
material facts that affect the Company’s willingness to cover the risk, or the premium or the insurance conditions.
13. If it is proven that, the accident has been caused by an act deliberately and intentionally committed by the Insured or Driver.
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14. If the Insured or Driver crossed a red light.
16. If the Insured or Driver of the vehicle escapes from the site of the accident.
17. Drifting.
18. Liability arising directly or indirectly out of, caused by or in connection with the existence, handling, processing,
manufacturing, mining, sale, transportation, distribution, storage, use, removal, remediation, treatment, disposal or
escape of asbestos, asbestos products or any product containing asbestos
19. Liability caused by the exposure to an Electro Magnetic Field (EMF) and/or Electro Magnetic Radiation (EMR) of any
kind.
The Company will compensate third parties in cash within the terms and conditions contained in this Policy, with all
amounts to be paid by the Insured or Driver against:
LIIMIT OF LIABILITY
In the event of an accident occurring and resulting in the payment of indemnity in accordance with the provisions of this
Policy, the maximum limit of the insurer›s liability for one event and during the lifetime of the Policy for physical damage,
expenses and material damages shall not exceed together a total sum of SAR 10,000,000 (ten million Saudi riyals) as a
maximum liability limit for coverage.
EXCEPTIONS TO SECTION II
2. Loss or damage to the vehicle insured, or of property belonging to any of the Insured or the driver inside or outside the
vehicle.
Cases where the Company is obligated to compensate Third Parties without prejudice to the right of the Company to
recourse against the Insured or Driver or whomever responsible for the accident:
The Company reserves the right to recourse against the Insured or Driver or whomever responsible for the accident to
recover amounts paid to third parties in any of the following cases:
1. Any liability or expenses arising whilst the insured vehicle:
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of the accident.
c) is used in any type of racing, to determine the takeoff speed or in an ability testing experiment.
d) is driven by any person under the influence of drugs, alcohol or medical drugs which intake forbids driving.
e) is driven by any person less than (21) years of age, unless he is the Insured, and unless his name is stated in the
schedule among the names of authorized drivers less than (21) years of age.
f) is stolen or forcible taken.
g) is driven by any person who does not hold a driving license, or if his driving license does not authorize him to drive this
type of vehicle(s) or if the driving license is temporarily or permanently suspended.
h) is used in areas which public is usually not allowed to enter such as airports or seaports, except if the vehicle is used
as commercial purposes in the areas allowed.
2. If it is proven that the Insured has stated in the insurance proposal form false declaration/statements or concealed
material facts that affect the Company’s willingness to cover the risk, or the premium or the insurance conditions.
3. If it is proven that, the accident has been caused by an act deliberately and intentionally committed by the Insured or
Driver.
4. If the Insured or Driver crossed a red light.
5. If the Insured dose not inform the Company in writing within ten working days of any material change declared in the
insurance proposal form.
6. If the Insured or Driver declares to bear responsibility for the accident without any right in order to cause damage to
the Company.
7. If the Insured or Driver of the vehicle escapes from the site of the accident.
8. If the vehicle is drove in an opposite direction against the Traffic.
9. Drifting.
10. Insurance company shall notify the insured within 20 working days from the date of submitting the claim that
apply to the company right of recovery against the insured. The company have the right of recovery within a maximum
period of one year from the date of settlement the claim.
The Company will subject to the Limits of Liability in respect of each person injured pay to the Insured the reasonable
medical expenses incurred in connection with any bodily injury by violent accidental external and visible means
sustained by the Insured or his driver or any occupant of the Motor Vehicle as the direct and immediate result of an
accident to the Motor Vehicle.
GENERAL EXCEPTIONS
The Company shall not be liable for payment of compensation in any of the following cases:
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CLAIM CONDITIONS
1. Claim Notification
In the event of any occurrence which may give rise to a claim under this Policy the Insured shall as soon as possible
give notice thereof to the Company with full particulars. Every letter claim writ summons and process shall be notified
or forwarded to the Company as soon as possible on receipt. Notice shall also be given to the Company as soon as
possible the Insured shall have knowledge of any impending prosecution inquest, fatal enquiry or offer of composition
in connection with any such occurrence. In case of theft or other criminal act which may give rise to a claim under this
Policy the Insured shall give immediate notice to the Police and co-operate with the Company in securing the conviction
of the offender.
In respect of batteries, tyres, wheels, wheel caps & Cassette / CD Players: 50% shall
be deducted from the new replacement values.
Total Loss: 1.5% depreciation per month with maximum 15% per annum on the basis of Declared Value (Sum Insured) or
Market Value whichever is less at the time of accident.
ii. If the required parts are not available in the Kingdom of Saudi Arabia and if the insured opt for having these parts
purchased overseas the Company shall reimburse the cost of such parts including reasonable cost of transport and
import duty if any provided always the total cost shall not exceed the latest price known in the local market
iii. It is also a condition of this insurance that the restoring of the damage shall be carried out at any authorized motor
car repair workshop the Company may see competitive to carry out such repair. Should the Insured opt for a different
workshop the Company’s liability shall be limited to the lowest estimate of repair obtained and the Company will
reimburse the insured on presentation of the vehicle for inspection after repair
b) Total Loss
In the case of an Actual or Constructive Total Loss,
i. the maximum liability of the Company shall be the Insured value or the pre-accident market value of the vehicle
whichever is less
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ii. On settlement of the claim on actual or constructive total basis the salvage remains of the vehicle shall become
the property of the Company and the Company shall dispose of the salvage in any way it deems fit . The Insured shall
extend full cooperation for this purpose and shall surrender all necessary documents thereto
4. At any time after the happening of any event giving rise to a claim or series of claims under Section II-1(a & b) of this
Policy, the Company may pay to the Insured or the Authorized Driver the full amount of the Company’s liability under
Section II-1(a & b) and relinquish the conduct of any defence, settlement or proceedings and the Company shall not be
responsible for any damage alleged to have been caused to the Insured or the Authorized Driver in the consequence
of any alleged action or omission of the Company in connection with such defence, settlement or proceedings or of the
Company relinquishing such conduct. Nor shall the Company be liable for any costs or expenses whatsoever incurred
by the Insured, the Authorized Driver or any claimant or other person after the Company shall have relinquished such
conduct.
GENERAL CONDITIONS
2. Change:
The Insured must notify the Company in writing within ten working days of any material change stated in the insurance
proposal form, and the Company must notify the Insured within three working days from the date of receipt of the
mentioned notice in case of rejection of insurance coverage.
A) Represent the Insured or Driver in any investigation or interrogation relating to any claim that is subject of
indemnification under this Policy.
B) Handle any defense procedures to defend the Insured or Driver before any judicial body relating to any claim or
accusation concerning any event that may be the subject of indemnification under this Policy.
4. The insurer’s right to include the insured’s name in the system of the company authorized to collect consumer
credit information: The insurer has the right to include the name of the insured in the system of the company
authorized to collect consumer credit information if the insured defaults on insurance premiums.
5. The obligations of the Insured or Driver when an accident occurs covered under this Policy:
A. To inform the authorities as soon as possible of any accident covered under this Policy, and not to leave the scene of
the accident until the completion of the proceedings, with the exception of cases that require leave from the scene of the
accident such as a bodily injury or waiting for more than two hours.
B. To not acknowledge responsibility in order to cause damage to the Company, or to pay or promise to pay any amount
to any party of the accident prior of obtaining a written consent from the Company.
C. To cooperate with the Company, and to provide the Company with all legitimate documents (power of attorney) to
enable it to handle the legal proceedings and settlements on behalf of the Insured or Driver if the Company wishes to do
so.
D. The Insured must take all necessary actions at Company’s expenses to ensure the Company›s right to collect any
amount payable from any other party as a result of a compensation paid under this Policy.
6. The Company›s obligations in the event of delay in settling a claim with complete documents:
The Company is committed to compensate the beneficiary of coverage contained in this Policy for any expenses
incurred as a result of not using the damaged vehicle due to delay in settlement of the claim for more than fifteen days
from the date of completion of the claim documents, and unable to provide logical reasons of the delay in payment of
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compensation.
7. Fraud
The rights resulting from this Policy shall be waived, if submitted claim involves any type of fraud, or if the Insured
or Driver or their representatives or the third parties have used any fraudulent methods or means for purpose of
obtaining any benefit under this Policy, or if the resulting liability or damage is a result of deliberate act committed by
the Insured or Driver or a third party or in collusion with any of them. The Company has the right to recourse against
any party, whether participant or conniver, which is found responsible for this fraud and the Company, is committed to
compensate the third party if in good faith.
8. Cancellation
Neither the insurer nor the insured has the right to cancel this Policy after its issuance, except in the following situations:
A. The write-off of a vehicle’s register.
B. Transfer of ownership of a vehicle to another owner.
C. The existence of an alternative policy that covers the remaining term of the insurance policy to be cancelled.
The insurer shall refund the insured the due amount payable for the uncovered period by depositing the remaining
amount to their bank account via IBAN, within three working days from the date on which the insurer becomes aware of
the occurrence of any of the cases mentioned above. The due amount payable to the insured for the uncovered period
is calculated by subtracting the elapsed days from the total policy term (in days) and then dividing the result by the total
policy term. The result is then multiplied by the insurance premium less administrative fees (a maximum of SAR 25) to
determine the return premium:
(365 − elapsed days) /365 × insurance premium less administrative fees (a maximum of SAR 25) = return premium.
The insurer is exempted from its obligation to pay the due amount in the case that there is a claim—related to the policy
to be cancelled and the exact vehicle covered by the policy—with a value exceeding the amount to be refunded as per
the calculation formula mentioned above.
Notwithstanding the foregoing, insurers, insureds and drivers shall remain bound by the provisions of this Policy with
respect to the obligations arising prior to its cancellation.
11. Interpretation
This Policy and the Schedule shall be read together as one contract and any word or expression to which a specific
meaning has been attached in any part of this Policy or of the Schedule shall bear such specific meaning wherever it
may appear.
12. Notice
Every notice or communication to be given or made under this Policy shall be delivered in writing to the Company.
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Vehicle or any part thereof or any driver or employee of the Insured. In the event of any accident or breakdown the Motor
Vehicle shall not be left unattended without proper precautions being taken to prevent further loss or damage and if the
Motor Vehicle be driven before the necessary repairs are effected any extension of the damage or any further damage to
the Motor Vehicle shall be excluded from the scope of the indemnity granted by this Policy.
Authorized Signatory
Date:
Company Seal
Memoranda
the Insured in respect of each and every event shall be responsible for the first SR1000 hereinafter known as the
«Excess» (or any less expenditure which may be incurred) of any expenditure for which provision is made hereunder it
being understood that in relation to any such claim the above amount shall apply in addition to any other amount which
the Insured may be responsible under the terms of the Policy.
Provided that:
i. If the expenditure incurred by the Company shall include the amount for which the Insured is responsible hereunder
such amount shall be repaid by the Insured to the Company forthwith.
ii. The above Excess shall not apply to loss or damage caused by fire external explosion self- ignition burglary lightning
housebreaking or theft.
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In accordance with Sharia Supervision Board Resolution No. (03), the company is committed to the following: -
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