2017-01-01
The UAE Insurance Authority issued this consolidated policy to standardize coverage for motor vehicle loss and damage under Decision No. 25 of 2016. The document defines the contractual obligations of insurers to compensate for physical damage and specifies insured duties regarding premium payment, accident notification, and vehicle maintenance. It further establishes comprehensive exclusions for illegal acts, unlicensed driving, and natural disasters, while detailing recourse mechanisms for misrepresentation and specific deductible structures for various vehicle types.
The Unified Motor Vehicle Insurance Policy Against Loss and Damage issued pursuant to the Regulation of Unified Motor Vehicle Insurance Policies according to Insurance Authority Board of Directors’ Decision No. (25) of 2016 Consolidated version as of 18/01/2021 This Policy has been amended by the Insurance Authority Board of Directors’ Decision No. (42) of 2017 and the Insurance Authority Board of Directors’ Resolution No. (26) of 2020 respectively. You are reading the consolidated version as of 18/01/2021.
P a g e 2 صفحة CONTENTS Subject Page Definitions 3 Chapter One General Conditions 4 Chapter Two Obligations of the Insurance Company 6 Chapter Three Obligations of the Insured 7 Chapter Four Exclusions 7 Chapter Five Recourses against the Insured 8 Chapter Six Policy Termination 9 Schedule No. (1) 9 Schedule No. (2) 10 Schedule No. (3) 10 Schedule No. (4) 11 Schedule No. (5) 11 Motor Vehicle Insurance Application 12 Insurance Service Details 12
P a g e 3 صفحة The Unified Motor Vehicle Insurance Policy Against Loss and Damage IA-BOD-RES 25/2016 Whereas the Insured has applied to ……………….. Company (hereinafter referred to as the “Company”) for the insurance set herein below, and has agreed that the application is considered as the basis for and integral part of this Policy, and has paid or agreed to pay the applicable premium, and the Company has accepted and represented to pay compensation to the Insured incase of any damage to the Motor Vehicle subject to this insurance, whether it emerges from the use or parking of the Motor Vehicle in the UAE during the insurance period, whether the Insured caused the accident or was an injured party; Therefore, this Policy was entered into to cover the damages that befall on the Insured Motor Vehicle in the UAE during the insurance period according to the terms, conditions and exclusions in or appended to this Policy. Definitions The following terms and phrases shall have the meanings indicated beside each of them unless the context provides otherwise: Policy: The Unified Motor Vehicle Insurance Policy against Loss and Damage and any rider to it, which governs the relationship between the Insured and the Company, and where by the Company undertakes to compensate the Insured, on the occurrence of the damage hereby covered, in return of thepremium paid by the Insured. Company (Insurer): The insurance company that is licensed to operate inside the State according to the laws and regulations issued in the State and accepts to insure the motor vehicle and has issued the Policy. Insured: A natural or corporate person that has applied for insurance, entered into an insurance contract with the Company, and paid or has agreed to pay the premium. Motor Vehicle Driver (Licensed Driver): The insured or any person who drives the Motor Vehicle by the permission or order of the Insured, provided that they are licensed to drive according to the Motor Vehicle category pursuant to the Traffic Laws and other laws and regulations, and that the granted license has not been cancelled by acourt’s order or by virtue of the Traffic Laws and its Executive Regulations. This definition includes the driver whose driving license has expired if they manage to renew it within thirty days from the date of accident. Motor Vehicle: A mechanical machine, motorcycle or any other device that works through a mechanical force, and its specifications aredescribed in the Policy. Insurance Application: The application that includes the details of the Insured, the details of the Motor Vehicle and the type of required coverage,and is filled in by or with the knowledge of the Insured electronically or in writing.
P a g e 4 صفحة The Unified Motor Vehicle Insurance Policy Against Loss and Damage IA-BOD-RES 25/2016 Rider: Every special agreement between the parties in supplement to the basic coverages under this Policy. Premium: The consideration that is paid or undertaken to be paid by the Insured in return for insurance coverage. Basic Deductible: The amount paid by the Insured according to the Schedule of Deductibles attached to this Policy per accident. Ancillary Deductible: The amount paid by the Insured according to the Policy in addition to the Basic Deductible. Natural Disaster: Any general phenomenon that arises from nature such as fl oods, tornados, hurricanes, volcanoes, earthquakes and quakes, and leads to extensive and widespread damage, and in respect of which a decision is issued by the concernedauthority in the country. Flood: An event that occurs within the concept of Natural Disasters. Road: Every road open and available to the public without need to get special permission, and every place that is made available for the crossing of motor vehicles, and is made available to the public by a permission or license from a concerned authority or otherwise, for or without consideration according to thedefinition mentioned in the applicable Traffic Laws. Depreciation Percentage: The percentage payable by the injured party on the occurrenceof an accident, and who requests the replacement of new partsin lieu of the used parts in case of partial loss according to theschedules of depreciation. Insurance Period: The period of time of motor vehicle insurance up to the end of the thirteenth month from the commencement of theinsurance. Chapter One: General Conditions
P a g e 5 صفحة The Unified Motor Vehicle Insurance Policy Against Loss and Damage IA-BOD-RES 25/2016 5. The Company and the Insured may agree, using riders in return for an additional premium and within the scope of the terms and conditions herein, that the Company shall insure against the other damages not provided for in this Policy, in particular: a. Insurance against the damages to the properties of the Insured or the Motor Vehicle Driver at the time of the accident or the properties kept with them in trust, or in their guardianship or possession under a rider to this Policy or a separate policy. b. Coverage of the damages or risks which occur outside the roads. 6. Notwithstanding the terms and conditions of this Policy, the Insurance Company may not refuse to compensate the Insured as a result of late notification of the accident, if the delay is attributed to an acceptable excuse. 7. With respect to a fl eet insurance policy or any Motor Vehicle insured under this Policy, the Company may not enter into any external agreement that may reduce the coverage provide dunder this Policy or depriving the Insured or the Beneficiary of this Policy from exercising the right to claim for compensation hereunder, including depriving a claim for compensation for any reason not related to the accident such as age, gender, or otherwise, or the agreement willbe deemed void. 8 a. If the Insured Motor Vehicle is a total loss, and the Company compensates the Insured on that basis, the salvage will be deemed property of the Company. The Insured may not be charged any expenses related to the transfer of the Motor Vehicle title or issuance of a certificate of ownership of the Motor Vehicle. b. The Insured shall be liable to pay the dues arising on the vehicle before receiving the compensation and to submit the required papers and power of attorney and attend before the competent departments, if necessary in order to transfer the ownership of the motor vehicle to the company. Whereas, in case there is mortgage, the company shall undertake without delay the communication with the competent entity (the owners of mortgages) to obtain a non-objection letter to transfer the ownership of the salvage of the vehicle to the company. 9. The Company may, at its expense, assume the judicial and settlement proceedings to represent the Insured or the Motor Vehicle Driver through an attorney in any investigation or interrogation and before any court in any lawsuit or intervention in any phase of the lawsuit in relation to a claim or accident for which the Company may be held liable under this Policy and which may give rise to the payment of compensation according to this Policy. The Company may settle or enter into a reconciliation for such claim. The Insured shall provide every possible cooperation with the Company by signing a power of attorney to the attorney or otherwise to enable the Company to initiate any proceedings. 10. For the purpose of verifying the details of the Insured Motor Vehicle, all details in Schedule (5) of this Policy shall be an integral part hereof. 11. No lawsuit arising from this Policy may be filed after the elapse of three years after the occurrence which has given rise to the lawsuit or the related parties become aware of it soccurrence. 12. The courts of the United Arab Emirates shall be competent to determine any disputes arising from this Policy. 13. In case of the entitlement to the loss of benefit allowance (substitute motor vehicle) and the Affected Third Party has insurance against loss and damage and Third Party Liability , he shall be entitled, for the purpose of obtaining the loss of benefit allowance (substitute motor vehicle) to claim directly against his company ,which has the right to claim the for same amount paid to the insurance company of the insured ,who caused the accident and has insurance against Third Party Liability in accordance with the rules specified in the Third Party Liability policy. 14. If the motor vehicle “chassis” whether can be replaced or irreplaceable is damaged or the durable parts, such as pillars are damaged and need cutting, tightening or welding as a result of the accident, the Motor Vehicle shall be considered a Total Loss and the Company shall make compensation according to the value agreed upon between the Company and the Insured in the Insurance policy.
P a g e 6 صفحة The Unified Motor Vehicle Insurance Policy Against Loss and Damage IA-BOD-RES 25/2016 Chapter Two: Obligations of the Insurance Company
P a g e 7 صفحة The Unified Motor Vehicle Insurance Policy Against Loss and Damage IA-BOD-RES 25/2016 Insurance Company may respond to the request and the determine an appropriate premium not exceeding the maximum tariff limit. Chapter Three: Obligations of the Insured
P a g e 8 صفحة The Unified Motor Vehicle Insurance Policy Against Loss and Damage IA-BOD-RES 25/2016 3. The damage of tires if it does not occur at the same time as damage to the Insured Motor Vehicle. 4. The loss or damage which occurs to the Motor Vehicle with respect to accidents resulting from: a. Use of the Motor Vehicle for purposes other than those mentioned in the Insurance Application attached to this Policy. b. Violation of laws if the violation implies an intentional felony or misdemeanor according to the definition mentioned in the applicable Federal Penal Code. 5. If it is proven that the Motor Vehicle has been used or utilized in a speed race or test, provided that this is proved to be the proximate cause of the accident. 6. The damage to the Motor Vehicle from the accidents which occur during the Motor Vehicle being operated by a driver who is not licensed to drive according to the Traffic Laws or without obtaining a driving license for the kind of the Motor Vehicle according to the Traffic Laws and Regulations and the provisions of this Policy, or the driver holding an expired Driver’s License who fails to renew it with in thirty days from the date of the accident, or the license granted to them has been suspended by the court or competent authorities or according to the Traffic Regulations. This exclusion shall not apply in case the motor vehicle is intended for rental, as long as the leasing contract is concluded with a person who holds a valid driving license. 7. Loss or damage that occurs to the Motor Vehicle, or any part thereof, with respect to accidents while the Motor Vehicle is being driven under the infl uence of narcotics, alcohol or drugs that undermine the driver’s ability to control the Motor Vehicle if this is proven to the competent authorities or confessed by the Motor Vehicle Driver. This exclusion does not apply in case of rental vehicles. 8. Loss or damage that occurs to the Motor Vehicle outside the geographical territory set out in this Policy, unless a rider is issued to extend coverage to this territory. 9. The accidents that have occurred, caused, resulted or are related directly or indirectly to natural disasters such as fl oods, tornados, hurricanes, volcanoes, earthquakes and quakes. 10. Invasion, foreign enemy hostilities or warlike operations, whether war is declared or not, civil war, strike, civil commotion, insurrection, revolution, coup d’état, usurped power, confiscation, nationalization, radioactive substances and radioisotopes, atomic or nuclear explosions, or any factor directly or indirectly related to any of the foregoing causes. 11. Loss or damage that occurs to the Insured Motor Vehicle if the Company loses the right of subrogation to the damage causer due to the Insured’s declaration of being responsible for the accident, which they have not caused. If this is proven after payment of compensation to the Insured, the Company may have recourse to it for recovery of amounts paid to them. 12. Loss or damage that occurs to the Motor Vehicle off the road, as defined, unless a rider is issued extending coverage to drive outside the road. Chapter Five: Recourses against the Insured The Company may have recourse to the Insured or the Motor Vehicle Driver or both, as the case may be, in the amount of compensation paid in the following cases:
P a g e 9 صفحة The Unified Motor Vehicle Insurance Policy Against Loss and Damage IA-BOD-RES 25/2016 4. If it is proven that loss or damage that occurred to the Motor Vehicle, or any part thereof, arose from driving the motor vehicle by a person who is not authorized to drive in accordance with the Traffic Law or without obtaining a driving license, or his driving license has expired, or the Insured or any other person allowed to drive it is driving under the infl uence of narcotics, alcohol or drugs that undermine the driver’s ability to control the Motor Vehicle, if this is proven to the concerned authorities or confessed by the Motor Vehicle Driver. In case of rental vehicles, recourse will be against the Motor Vehicle Driver (renter). 5. If the accident is proven to have occurred intentionally by the Insured or the Motor VehicleDriver. 6. If the trailer, half-trailer or semi-trailer causes an accident, and the Insured has not agreed with the Company on the existence of such a trailer. 7. If loss or damage that occurs to the Motor Vehicle is a result of theft or robbery, recourse will be against the thief. Chapter Six: Policy Termination
P a g e 10 صفحة The Unified Motor Vehicle Insurance Policy Against Loss and Damage IA-BOD-RES 25/2016 Schedule No. (2) Depreciation Percentages for Taxi Vehicles, Public Transport Vehicles and Rental Vehicles According to the Date of First Registration and Use Year Percentage Last six months of the first year 10% Second 20% Third 25% Fourth 30% Fifth 35% Sixth and above 40% Schedule No. (3) Deductibles Motor Vehicle Deductible Private vehicles where the permissible number of passengers of which does not exceed (9) passengers and its value does not exceed AED 50,000 Maximum AED 350/per each accident Private vehicles where the permissible number of passengers of which does not exceed (9) passengers and value of which exceeds AED 50,000 and not exceeding AED 100,000 Maximum AED 700/per each accident Private vehicles where the permissible number of passengers of which does not exceed (9) passengers and value of which exceeds AED 100,000 and not exceeding AED 250,000 Maximum AED 1,000/per each accident Private vehicles where the permissible number of passengers of which does not exceed (9) passengers and value of which exceeds AED 250,000 Maximum AED 1,200/per each accident Private vehicles where the permissible number of passengers of which does not exceed (9) passengers and value of which exceeds AED 500,000 Maximum AED 1,400/per each accident Private vehicles where the permissible number of passengers of which exceeds (9) passengers does notexceed AED (12) passengers Maximum AED 1,500/per each accident Private vehicles the permissible number of passengers of which exceeds (12) passengers, rental vehicles, and trucks where the tonnage of which exceeds (3) tons Maximum AED 1,700/per each accident Trucks where the tonnage of which exceeds (3) tons and passenger buses and industrial vehicles for construction and agricultural works Maximum AED 4,500/per each accident
P a g e 11 صفحة The Unified Motor Vehicle Insurance Policy Against Loss and Damage IA-BOD-RES 25/2016 Schedule No. (4) Short Rate Schedule - Percentages of Recoverable Premium Policy Validity Period Recoverable Premium A period not exceeding one month 80% A period exceeding one month and not exceeding fourmonths 70% A period exceeding four months and not exceeding sixmonths 50% A period exceeding six months and not exceeding tenmonths 30% A period exceeding ten months Nil Schedule No. (5) Schedule of Details of the Insured Motor Vehicle in the Insurance Policy against Loss and Damage Details of Motor Vehicle Country of Manufacture Plate Number Make, Model and Color Motor Vehicle Classification Registration Type Purpose of use Manufacturing Year Tonnage or Weight Number of Passengers with Driver Engine Number: Chassis Number: ……………………….. Company declares that the Motor Vehicle detailed above in this Schedule is insured with it according to the provisions of this Policy. Issued By: Issuance Date: Policy Number: The term of insurance begins at …………. on …/…/….., and expires at …………. on…/…/….. Agreed upon premium: Issuance date: …/…/….. Insured’s Details Company’s Details Insured’s: Company’s: Name Name Address: Address: E-mail: E-mail: Postal: Postal:
P a g e 12 صفحة The Unified Motor Vehicle Insurance Policy Against Loss and Damage IA-BOD-RES 25/2016 Address Address Identification Number Phone: Phone: Name and signature of the Insured or their representative: Signature and stamp of the Company: Motor Vehicle Insurance Application Applicant’s Details Name according to ID First Second Third Family Name Date of Birth / / P.O. Box ID Number E-mail Postal Code Home Phone Office Phone Mobile Address/Emirate Profession Employer Driving License Number Expiration Date Trade Name (if any) Commercial Register Number Head Office Insurance Service Details Registration Mark Truck Small Truck Large Truck Other Model/Use Private Commercial Rental Driving Education Other Body Number Engine Number Chassis Number Engine Capacity(CC) No. of Passengers Manufacturing Year Current Value without Accessories Current Value, including Accessories (to be elaborated) Insurance Period Insurance Type Insured/Representative Signature /Stamp: Insurance Authority/ Insurance Authority - Unified Motor Vehicle Insurance Policy Against Loss and Damage