Driver Negligence Insurance
• Insurer : Hiscox Insurance Company Limited
• Limit on each and every claim : £10,000
• Excess (payable by client) : £750
• Geographical Limits : United Kingdom and European Union, the Isle of Man and Channel Islands
• Applicable Courts : United Kingdom and European Union, the Isle of Man and Channel Islands
What is covered
We will indemnify you against the sums you have to pay as a result of damage occurring during the period of insurance to any mechanically propelled vehicle and/or trailer which is being used where insurance or security is required under the provisions of any road traffic legislation and which is owned or hired by you (our client), where the damage is caused by the negligent act of a temporary driver, supplied under contract by Sure Recruitment, while the vehicle and/or trailer is in the care, custody or control of the temporary driver, including misfuelling.
What is not covered
We will not make any payment for any claim or loss directly or indirectly due to:
1. loss of use, depreciation or wear and tear;
2. mechanical or electrical breakdown, failures or breakages;
3. damage to any goods being carried by or loaded on or unloaded from the vehicle or its trailer;
4. climatic or atmospheric conditions or extremes of temperature;
5. deterioration, rust, corrosion, inherent defect or any process of cleaning, maintenance, restoration, alteration or repair;
6. any act, breach, omission or infringement which any temporary driver supplied deliberately, spitefully or dishonestly commits, condones or ignores which could reasonably be expected to cause property damage even if such property damage is of a different degree or type than could reasonably have been anticipated;
7. any vehicle being used for racing, rallying, pacemaking or speed testing;
8. theft of accessories and/or spare parts unless these are stolen with the entire vehicle;
9. the driving of a vehicle by any person:
i. under the age of 18 years;
ii. without a full United Kingdom or equivalent European Union or European Economic Area driving licence which is appropriate for the vehicle being used;
iii. with more than nine penalty points against their United Kingdom or equivalent European Union or European Economic Area driving licence;
iv. who has been convicted of a motoring offence with any of the following conviction codes in the last five years: AC10; AC20; AC30; BA10; BA30; BA40; BA60; CD40; CD50; CD60; CD70; CD80; CD90; DD40; DD10; DD60; DD80; DD90; DG10; DG40; DG60; DR10; DR20; DR30; DR31; DR40; DR50; DR60; DR61; DR70; DR80; DR90; IN10; LC30; LC40; LC50; MR09; MR19; MR29; MR39; MR49; MR59; MS50; MS70; MS80; MS90; UT50; TT99; or
v. who has ever been convicted of a criminal offence in relation to a motoring offence, other than convictions spent under the Rehabilitation of Offenders Act 1974.
9a Sure Recruitment will not supply any drivers who do not meet the criteria above, unless we have permission to do so from you (the client) in advance of supply.
How much we will pay
We will pay the lower of:
1. the market value of the vehicle and/or trailer immediately prior to the property damage;
2. the cost of repair; or
3. the limit of indemnity stated in the ‘Cover’ section above.
We will pay the reasonable cost of removal of the damaged vehicle to the nearest repairer if the vehicle is disabled as a result of an accident.
You (the client) must pay the excess for each claim.
Your obligation if a problem arises
We will not make any payment unless you notify us promptly of any claim or potential claim.
As part of the claim process you will be asked to provide invoices for relevant repair costs along with an acknowledgement from your own insurance that they have not paid out on the DNI element of the claim.
Control of defence
Hiscox have the right, but not the obligation, to take control of and conduct in our name, the investigation, settlement or defence
Section of Terms of Business specific to the Supply of Drivers of O Licensed Vehicles
For the purposes of this clause, the following additional terms relate to the supply of the Intermediary or Agency Workers as drivers of ‘O’ Licensed vehicles (referred to as “Temporary Drivers”).
- Temporary Drivers are supplied by the Employment Business on the strict understanding that the Hirer holds an operator’s licence under the Goods Vehicle (Licensing of Operators) Act 1995 when required.
- For the avoidance of doubt, and pursuant to the provisions of the Goods Vehicles (Licensing of Operators) Act 1995, upon the Employment Business providing the Hirer with a Temporary Driver, that the Temporary Driver shall become the servant of the Hirer and shall be deemed to be using the Hirer ‘s vehicles pursuant to the Hirer ‘s operator’s licence.
- As far as is possible, the Employment Business will check references of Temporary Drivers and will examine driving licences and permits; notwithstanding this, the Hirer agrees to take direct responsibility for all statutory duties where applicable for checking and monitoring driving licences and permits, Temporary Drivers’ hours records, the issue and collection of tachograph charts, maintenance and safety of vehicles, Health and Safety Regulations, and Road Traffic and liability insurances, including but not limited to fully comprehensive insurance for the vehicle to be driven and its contents.
- The Hirer shall on request permit the Employment Business to inspect and take copies of its operator’s licence, policies of insurance for the vehicles to be driven by the Temporary Driver, and time records created and maintained by or for the Hirer relating to any driver supplied to the client by the Employment Business.