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| Q : |
A is the car owner and let his friend B
to drive his car one day. B is only 24 years old and possesses half
years driving experience. Unfortunately, B crashed the vehicle.
How could A claim for compensation from his comprehensive motor policy? |
| A : |
If B possesses
an valid driving licence at the material time, A should be entitled
to receive compensation from his insurer except that there is any
special exclusion in the policy. Normal comprehensive motor policy
would require the insured to bear an amount of excess if the driver
involved was under 25 years old and/or less than two years driving
experience at the time of accident. If B was not "named driver",
a further excess as stipulated in the policy may also apply. |
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| Q : |
A client possesses a comprehensive
motor policy and his car was damaged by water during a rainstorm.
Should the client be compensated under the policy? If the water damage
was caused by typhoon, will the claim be affected? |
| A : |
According
to the standard wording of motor policy provided by the Insurance
Authority, comprehensive motor policy is an all risk policy. The insured
would be compensated no matter the damage was caused by rainstorm
or typhoon. |
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| Q : |
If an individual client
who possess a motor policy with NCD set up a limited company and prepared
to transfer the ownership of the insured vehicle to that company.
Is it possible to transfer the NCD to the new company if the client
is both the director and the named driver? |
| A : |
According
to the law, limited company is a "Separate legal entity"
which is different from shareholder. So, strictly speaking, the NCD
of the director is not transferable to his/her own limited company. |
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| Q : |
When a van driver just
parked the vehicle at the roadside and opened the door, it hit a pedestrian.
The pedestrian sustained visible injury on his arm and shoulder and
asked for compensate from the driver. Should the driver pay immediately?
Will third party motor policy cover this kind of incident? |
| A : |
Most motor policy consist of a condition
which required the insured and his driver to avoid compensate or promise
any third party for compensation once an accident occurred. Otherwise
the insurance company would be entitled to repudiate liability under
the policy. In this case, the driver should not pay or promise to
pay if he expected the insurance company to handle the claim. A motor
policy covers not only the third party liability of the driver when
he/she was driving but also when the vehicle was in use. Thus policy
liability should be attached to the third party motor policy in this
case. |