Insurance terms and conditions for casco (valid from ... - GJENSIDIGE

TERMS AND CONDITIONS OF VEHICLE INSURANCE 

Unofficial translation 

The present terms and conditions of vehicle insurance shall be 

applied to the insurance contracts concluded in the Estonian Branch 

of AAS Gjensidige Baltic, the insurance object of which is a land 

vehicle registered at the Estonian Motor Vehicle Registration Centre. 

The parties shall emanate from the Law of Obligations Act and other 

legal acts of the Republic of Estonia in the questions unsettled in the 

terms and conditions of vehicle insurance. 

TERMS 

Insurer is the Estonian Branch of AAS Gjensidige Baltic. 

Policyholder is a person who has concluded an insurance contract 

with the Insurer. Policyholder is the a person who has an insurable 

interest as the owner of the insured object or as its lawful possessor. 

The lawful possessors of the insurance object and the employees of 

the Policyholder shall be equated with the Policyholder in fulfilling the 

obligations resulting from the insurance contract. 

Beneficiary is the person specified in the insurance contract to whom 

the insurance indemnity shall be paid in case of an insured event. 

Sum insured is the sum determined in the insurance contract which 

shall be the insurance limit in case of an insured event. If the 

insurance contract does not state otherwise, the sum insured is equal 

to the insurable value. The sum insured shall not decrease at the 

payment of the insurance indemnity. 

Insurable value is the market value of the insurance object at the 

conclusion of the insurance contract. 

Market value is the average sale price of the insured object in the 

Republic of Estonia (hereinafter Estonia) at the conclusion of the 

insurance contract. 

New value insurance is the insurance cover of a new vehicle. A 

new vehicle is a vehicle which has not had any owners after the 

issuance from the factory and the vehicle is registered for the first 

time in Estonia. 

Insured event is, in the framework of the present conditions, the 

damage, destruction or loss of the vehicle, if this event is the basis for 

the insurance indemnity on the basis of the contract. 

Insurance Indemnity is the sum paid after the occurrence of the 

insured event, from which excess has been subtracted. The form and 

the amount of the insurance indemnity shall be decided by the 

Insurer. The form of the indemnity may be a monetary indemnity or 

replacing the damaged vehicle and/or its parts or reimbursing its 

replacing costs. The amount of the paid indemnity 

is limited with the size of the property damage and the insurance 

sum. 

Insurance premium is the amount of money which the Policyholder 

must pay to the Insurer by date (dates) agreed on in the insurance 

contract. In calculating the insurance premium the agreed insurance 

option (limited motor hull insurance, comprehensive motor hull 

insurance), validity area, the category and usage area of the vehicle, 

the amount and value of the accessories, the size of excess, etc. are 

taken into account. 

Anti-theft device – alarm device, security bolts on cast wheel discs 

or any other anti-theft device which should be installed to the vehicle 

priot to the conclusion of the insurance contract, if the Insurer has 

required this to decrease the insured risk. 

The alarm device is an electronical device the task of which is to give 

sound and optical signs, if the unauthorised person opens either the 

door or hatch of the vehicle or disturbs other alarm sensors 

(compartment sensor, dump sensor, jolt sensor etc) and hinder the 

starting of the vehicle (immobiliser). 

1. OBJECT OF INSURANCE 

1.1. The Object of Insurance is a land vehicle (hereinafter Vehicle) 

registered at the Estonian Motor Vehicle Registration Centre. 

1.2. The completeness of the vehicle (the standard equipment and 

accessories of the vehicle) shall be determined in the insurance 

contract. 

1.3. The object of insurance may also be an object inside the vehicle, 

when it has been agreed upon in the insurance contract, except for 

antiques, unique objects and object of precious metal, collections, 

manuscripts, cash and securities, documents, photos, plans and 

schemes, personal computers and electronic data media, mobile 

phones and other analogous electronic devices. 

2. INSURED RISK 

2.1. The insured risk is the hazard against which the vehicle is 

insured. 

2.2. The increase of the insured risk shall primarily be influenced by 

changing the area of application of the vehicle (giving the normal 

vehicle into use for a fee, for instance as a short-term rental or a 

rental vehicle, a taxi, etc.), the making of duplicate keys, exchanging 

the anti-theft equipment, the loss of the vehicle’s registration 

documents, etc. 

2.3. The Insurer must be notified of all the aforementioned changes 

increasing the insured risk and also of changes for which the 

Policyholder can not decide whether the insured risk increases or not. 

3. INSURED EVENT 

3.1. The insured event is the damage, destruction or loss of the 

vehicle or its parts as a result of the events determined in the 

following insurance options. 

3.2. Limited motor hull insurance – An unexpected damage 

resulting from a direct and unforeseeable external mechanical force 

(including traffic accident) on the vehicle or its part (parts), damage 

caused by a natural disaster, damage caused by fire (including 

damage caused by smoke, carbon black and extinguishing works), 

damage caused by explosion and damage caused by the impairment 

of the vehicle by third parties (vandalism). Also all necessary and 

reasoned costs for pulling the vehicle back on the road or the 

reasoned costs for transporting the vehicle to the nearest repairer or 

to the primary repairer determined by the Insurer incipiated due to 

the aforementioned events are compensated for in the amount of up 

to 190 euros. Provided the property damage caused to the vehicle 

(e.g. repairs costs) will be below the excess rate, the property 

damage of the vehicle + the vehicle pulling on/transport costs 

(considering the indemnity limit) are subject to compensation within 

the part exceeding the excess rate. 

VEHICLE INSURANCE CONDITIONS SK101•2011 (valid from 01.03.2011) 1/5

3.3. Comprehensive motor hull insurance – damage stipulated in 

clause 3.2. shall be indemnified, also damage due to the theft of the 

vehicle or its parts, damage incipiated by the robbery or robbery 

attempt of the vehicle on the premise that the vehicle had anti-theft 

device accepted by Insurer installed and in working order at the time 

of the aforementioned event (the working requirement does not apply 

in case of robbery) and the parts of the stolen vehicle were 

permanently connected with the vehicle at the moment of the theft. 

3.4. Glass insurance – damage from an extra-vehicle force on the 

windows (car, light truck – salon windows and truck, bus – 

windshield) shall be compensated for if the glass needs to be 

replaced or repaired for compliance with the technical requirements of 

the vehicle. Windshield is the glass in the field of vision of the driver 

at the onward driving of the vehicle, the level of which is 

perpendicular with the longitudinal axis of the vehicle. Glass 

insurance also compensates for the membrane on the glass if it has 

been installed in consistency with the requirements valid in 

Estonia.The glass insurance cover is not expanding to the glass roof 

and glass roof hatch. The sum insured of the glass of the vehicle 

(compartment window or windshield) is the price of a new or 

equivalent glass with installation costs. 

3.5. New value insurance – damage resulting from the insured 

events determined in clauses 3.2. and 3.3. shall be compensated for 

in the amount of the first-hand sale price of the vehicle together with 

the standard equipment and accessories, certified by the vendor (the 

insurable value of a vehicle equates with the first-hand sale price), on 

the following special conditions: 

3.5.1. new value insurance applies during 1 year from the conclusion 

of the primary insurance contract and/or passage of 25000 km; 

3.5.2. new value insurance coverage is offered for a vehicle, the firsthand 

sale of which was no longer than 45 calendar days ago; 

3.5.3. new value insurance compensates for the loss only if the repair 

costs exceed 65% of the first-hand sale price of the vehicle; 

3.5.4. new value insurance only compensates for the damages if the 

vehicle has had a single owner from the first-hand sale; 

3.5.5. all unpaid insurance payments, excess and possible 

contractual indemnity decreases shall be deducted from the new 

value insurance benefit. 

3.6. Lack of usage – reasoned damage caused by the lack of the 

possibility to use the vehicle is compensated for. The lack of the 

possibility to use the vehicle is a situation: 

3.6.1. when the damage to the vehicle due to the insured event 

stipulated in clauses 3.2. and 3.3. is being eliminated at a repair shop; 

3.6.2. when the technical condition of the vehicle after the occurrence 

of the insured event prohibits its use or the vehicle may not be used 

according to the stipulations provided in the legal acts, then the 

reasoned lack of usage is also the period inbetween the insured 

event and the repairs. 

Time expense caused by the unreasoned actions/inactivity of the 

Policyholder is not regarded as the lack of usage; 

3.6.3. if the vehicle has departed from the usage/ownership of its 

lawful possessor at the occurrence of an insured event mentioned in 

clause 3.3. and only if the Insurer has the obligation to compensate 

for the damages. 

3.7. The following shall apply to the lack of usage restitution: 

3.7.1. the form of the insurance indemnity is cash benefit; 

3.7.2. insurance indemnity shall be paid from the fifth day and for one 

insured event for the maximum of 16 calendar days, excess is 4 

calendar days from the occurrence of the insured event of lack of 

usage; 

3.7.3. the maximum insurance indemnity for one calendar day has 

been stipulated in the insurance contract; 

3.7.4. maximally 2 insured events are reimbursed for a one-year 

insurance period. 

4. EXCESS 

4.1. Excess is a part of the damage determined in the insurance 

contract that the Insurer r shall not reimburse. 

4.2. Excess shall be applied as follows: 

4.2.1. the main excess in case of traffic accidents, natural disasters, 

vandalism or fire shall be measured as a sum of money; 

4.2.2. in case of the theft and robbery of the vehicle and its single 

parts (including the navigation, DVD and audio system) a percentage 

from the amount of loss is applied, but no less than the main excess 

set in the insurance contract. In the case stipulated in clause 11.3 the 

excess of theft is applied in double sum. 

4.2.3. in case of lack of usage indemnification the time period is 

applied; 

4.2.4. in case of the total destruction of the vehicle a percentage from 

the amount of loss is applied, if it has been agreed in the insurance 

contract. 

4.3. The insurance contract may determine different excesses for 

different risks, which shall be applied either jointly or separately, 

depending on the conditions of the insurance contract. 

4.4. Excess shall be applied to all insurance cases, if it has not been 

stated otherwise in the insurance contract. 

4.5. All excesses shall be doubled if the vehicle is repaired or 

recovered outside Estonia after the occurrence of the insured event. 

5. INSURANCE PERIOD AND THE VALIDITY OF THE 

INSURANCE CONTRACT 

5.1. Insurance period is the time period marked in the insurance 

contract during which the insurance contract is valid and on the basis 

of which insurance indemnities are calculated. 

5.2. The insurance contract is valid during the period, on the 

conditions and territory determined in the insurance contract. 

5.3. The insurance contract determines the insurance territory where 

the insurance contract applies. The insurance territory may be: 

5.3.1. Estonia and two (2) freely chosen countries from the list: 

Latvia, Lithuania, Finland or Sweden; 

5.3.2. Within the geographical boundaries of Europe (except for the 

CIS countries + Ukraine); 

5.3.3. Upon settlement (in addition to clauses 5.3.1. or 5.3.2.) the CIS 

territory located within the geographical boundaries of Europe + 

Ukraine. 

6. OVER-INSURANCE, UNDER-INSURANCE AND MULTIPLE 

INSURANCE 

6.1. Over-insurance is a situation when the sum insured exceeds the 

market value of the vehicle at the conclusion of the insurance 

contract. In case of over-insurance the Insurer does not compensate 

for more than the actual damage, but not exceeding the insurable 

value. 

6.2. Under-insurance is a situation when the sum insured is smaller 

than the market value of the vehicle at the conclusion of the 

insurance contract. In case of under-insurance reimbursement is the 

same as the rate between the sum insured and the insurable value, 

which is calculated at the moment of concluding the insurance 

contract. 

6.3. Multiple insurance is a situation when the vehicle is either fully or 

partly insured for the same insurance risk at several Insurers . AAS 

Gjensidige Baltic Estonian Branch treats this as an unjustified 

enrichment desire and as the Insurer has a right, depending on the 

situation, either to decrease the reimbursed sum or to fully refuse the 

compensation. 

7. THE CONCLUSION AND ENACTMENT OF THE 

INSURANCE CONTRACT 

7.1. The Policyholder is obliged at the conclusion of the insurance 

contract: 

7.1.1. to present true and exhaustive data to the Insurer in questions 

related to the insurance contract and notify of all the known important 

circumstances influencing the insured risk; 

7.1.2. to present the registration certificate of the vehicle and the sale 

contract of the vehicle at the request of the Insurer; 

7.1.3. to allow the representative of the Insurer to inspect the vehicle; 

7.1.4. to fulfil the safety requirements set by the Insurer necessary 

for decreasing the insured risk (demand to install anti-theft 

equipment, installing security bolts/nuts on rims, etc). 


7.2. The Insurer is obliged to introduce the insurance terms and 

conditions to the Policyholder at the conclusion of the insurance 

contract. 

7.3. The insurance contract takes effect and the insurance cover of 

the policy begins on the commencement date of the insurance period. 

7.4. When the first instalment of the insurance payment has not been 

made by the set deadline or has been made only partially, the 

Insurer is exempt from the obligation to fulfil the insurance contract. 

8. TERMINATION, CANCELLATION OR WITHDRAWAL FROM 

THE INSURANCE CONTRACT 

8.1. The insurance contract is terminated: 

8.1.1. at the passing of the insurance period; 

8.1.2. at the deletion of the vehicle from ARK; 

8.1.3. at the cancellation of the insurance contract; 

8.1.4. at withdrawal from the insurance contract; 

8.1.5. on other grounds stipulated by legislation. 

8.2. Cancellation of the insurance contract: 

8.2.1. The parties of the insurance contract have a right to cancel the 

insurance contract in cases and on grounds stipulated by legislation. 

8.3. The Insurer has a right to cancel the insurance contract: 

8.3.1. if the Policyholder materially breached the requirements, terms 

and conditions of the insurance contract; 

8.3.2. if the Policyholder or Beneficiary has deceived (or tried to 

deceive) the Insurer regarding the insurance contract or the 

circumstances of the insured event; 

8.3.3. at the increase of the insured risk; 

8.3.4. if the Policyholder has not paid the second or the following 

instalments. 

8.4. The Insurer is obliged to follow the terms and deadlines set in 

the Law of Obligations Act at cancelling the insurance contract. 

8.5. After the occurrence of the insured event both parties of the 

insurance contract have a right to cancel it by notifying the other party 

one week in advance. 

8.6. At the cancellation of the insurance contract the Insurer retains 

the obligation for the insured events which occurred during the validity 

period of the contract. 

8.7. At the cancellation of the insurance contract by the Policyholder, 

the Policyholder is obliged to pay all instalments and satisfy the 

claims emanating from the cancellation of the insurance contract. 

8.8. The Insurer has a right to withdraw from the insurance contract if 

the Policyholder: 

8.8.1. has not notified the Insurer about important circumstances 

affecting the insured risk at the conclusion of the insurance contract; 

8.8.2. consciously presented false data (breach of clause 7.1.); 

8.8.3. has not paid the first instalment by the agreed deadline and if 

the Insurer has not issued a new payment deadline for the 

Policyholder in 14 days, it is presumed that the Insurer has 

withdrawn from the contract. 

8.9. The Insurer has a right to withdraw from the contract in one 

month from the moment it learned or must have learned about the 

breach of the notification obligation specified in clause 8.8.1. 

8.10. At the cancellation of the insurance contract the Policyholder 

has a right to reclaim the insurance payment for period until the end 

of the insurance period, from which the administrative costs of the 

Insurer (up to 10% of the yearly insurance payment, but not less than 

13 euros) have been subtracted. If the insurance contract is cancelled 

after the occurrence of the insured event, the Insurer has a right to 

retain the instalment unpaid by the Policyholder from the 

indemnification until the cancellation date. 

8.11. At the withdrawal from the insurance contract the Insurer 

returns the paid insurance payment to the Policyholder, from which 

the administrative costs of the Insurer (up to 10% of the yearly 

insurance payment, but not less than 13 euros) have been 

subtracted. 

9. OBLIGATIONS OF THE POLICYHOLDER 

9.1. The Policyholder is obliged to: 

9.1.1. acquaint with the insurance terms and conditions and notify the 

Insurer of all circumstances known to him at the conclusion of the 

insurance contract which, due to their nature, have an effect on 

determining the conditions of the insurance contract; 

9.1.2. keep and use the vehicle in a careful and safe manner, do 

everything possible to prevent the insured event and to lessen the 

possible damage, not to increase the insured risk and not to allow the 

increasing of the insured risk by persons who are at the 

Policyholder’s responsibility; 

9.1.3. clarify to the person who shall possess or own the vehicle the 

o b l i g a t i o n s e m a n a t i n g f r o m t h e i n s u r a n c e c o n t r a c t ; 

9.1.4. immediately notify the Insurer of the incipience of multiple 

insurance, changing of the important risk circumstances and the 

possible increase of the insured risk (for example changing the use or 

maintenance conditions of the vehicle or the anti-theft devices of the 

vehicle); 

9.1.5. immediately notify the Insurer about the transfer of the vehicle; 

9.1.6. allow the representative of the Insurer to photograph the 

vehicle and its accessories prior to the enactment of the insurance 

contract and familiarize with the state of the vehicle and the 

documents necessary for insuring the vehicle (see clause 7); 

9.1.7. lock the vehicle when leaving it, close the windows and sunroof 

(close the roof in case of convertible vehicles), take along removable 

and portable details of audio, navigation and DVD system (e.g. car 

stereo with a removable front panel, display of DVD player, 

removable GPS-device) and all registration documents and keys of 

the vehicle and activate the anti-theft devices. The Policyholder or the 

person authorised by it should be convinced when leaving the vehicle 

that the anti-theft device applied (e.g. the control light of the device 

indicates the start of alarm and all doors are locked and 

windows/hatches closed); 

9.1.8. keep the keys and registration documents of the vehicle so that 

it would not be easy for third parties to get hold of them (in such a 

way that it would be impossible to remove the aforementioned objects 

from the Policyholder without using force or violence). 

9.2. The mechanical and/or electronical keys, the electronic 

remote controls of anti-theft devices and the registration 

documents of the vehicle may not be kept in the vehicle. 

9.3. At the occurrence of the insured event, the Policyholder is 

obliged to: 

9.3.1. immediately take precautions to save the vehicle, prohibit the 

damage increase and lessen the possible damage; 

9.3.2. notify the Insurer at first chance of the insured event, but not 

later than within 3 workdays, by doing it personally or through the 

representative. This obligation is considered as fulfilled when the 

Policyholder has notified of the traffic accident and registered it 

according to the clause 9.3.3 of these terms and conditions; 

9.3.3. notify of the traffic accident and register it according to the valid 

legal acts (Motor Third Party Liability Act, Traffic Act, Traffic Code 

etc). If the Policyholder has been notified by the insurance company 

handling the traffic damage that the Policyholder is the person having 

caused the traffic accident, it is obliged to notify Insurer of it within 3 

workdays from becoming aware of it. 

9.3.4. register the theft (robbery) and vandalism at the police with the 

application to start the procedure; 

9.3.5. register the fire both at the police and the Rescue Board; 

9.3.6. if the damage has been caused by snow, ice, icicles or the 

objects (e.g. downpipe)fallen from the building or roof, to fix the event 

immediately in writing together with the possessor or manager of the 

building. If the event cannot be fixed in writing together with the 

possessor or manager of the building, the police should be 

immediately notified of the event (incl municipal police). 

9.4. if an event occurs which the Policyholder can not explicitly 

classify, the Policyholder must, without leaving, call the police to the 

scene; 

9.5. notification of the insured event must be in writing or in the format 

which can be reproduced in writing (e-mail, application at the office of 

the Insurer) and contain data of the event, the estimated damage, 

witnesses, possible parties and the person at fault, and thereafter 

follow the instructions given by the representative of the Insurer; 

9.6. The Policyholder must present the remains of the damaged 

vehicle and its damaged accessories (if these were insured) to the 

Insurer for inspection during the phase following the occurrence of 

the insured event and prior to repairs. Prior to starting the repair 


works the executor of the repairs and repairs calculation should be 

agreed with the Insurer in the format which can be reproduced in 

writing. The Policyholder may not repair, recover or utilize the vehicle 

without consent from the Insurer. 

9.7. At the occurrence of the insured event outside the Republic of 

Estonia the Policyholder is obliged to transfer the racked or damaged 

vehicle to the Insurer on the territory of the Republic of Estonia. 

9.8. At the theft of the vehicle all parts of the registration certificate 

and all key sets (including electronical keys/remote controls for antitheft 

systems) and the details of portable audio, navigation and DVD 

system must be presented to the Insurer together with the application 

for compensation. In case of robbery all keys and documents at the 

possession of the Policyholder must be presented. 

9.9. In case of the theft of the cast wheel discs/tyres of the vehicle the 

key of the security bolt should be immediately submitted to the 

representative of the Insurer. 

9.10. The Policyholder is responsible for proving the occurrence of 

the insured event. The Policyholder is obliged to present 

data to the Insurer necessary for determining the obligation of the 

Insurer. 

9.11. If the stolen or robbed vehicle is found, the Policyholder is 

obliged to notify the Insurer of it during 3 workdays in the format 

which can be reproduced in writing. 

10. OBLIGATIONS OF THE INSURER 

10.1. The Insurer is obliged to: 

10.1.1. introduce documents related to the conclusion of the 

insurance contract to the Policyholder prior to the conclusion of the 

insurance contract; 

10.1.2. immediately start the handling of the insurance case at the 

reception of the written application by the Policyholder and determine 

the benefit; 

10.1.3. inspect the damaged vehicle in 7 workdays from the reception 

of the written application by the Policyholder; 

10.1.4. decide on compensation or non-compensation at once, but no 

later than in 10 workdays starting from the reception of all required 

documents and determining the damage and its causes; 

10.1.5. decide on compensation or non-compensation in case of the 

theft or robbery of the vehicle as soon as possible, but no later than in 

2 months from the date the Insurer was notified about the occurrence 

of the event. In case of commenced criminal proceedings the Insurer 

has a right to delay the decision until the guilty party is prosecuted or 

up to the receipt of the decision that the criminal proceedings have 

been ended or stopped. 

10.1.6. The Insurer is obliged to notify the Policyholder in writing 

about non-compensation as soon as possible, but no later than in 7 

workdays starting from the decision, showing the reason and basis for 

decreasing or refusing the insured indemnity. 

10.2. The Insurer has a right to inspect the vehicle during the 

insurance period and, for decreasing the increased insured risk, 

demand the application of complementary security means and to 

increase the insurance payment according to the increased insured 

risk. The demand for additional security means shall be forwarded to 

the Policyholder in writing. If the Policyholder does not agree with the 

application of the supplementary security means, the Insurer has a 

right to cancel the insurance contract on conditions and by deadlines 

set in the Law of Obligations Act. 

11. COMPENSATION FOR DAMAGE 

11.1. Direct property damage and other reasoned costs determined in 

the insurance contract shall be compensated for. If the recovery costs 

of the vehicle are compensated for, the Insurer has a right to 

determine the place for the recovery of the vehicle or organize and 

order the recovery of the vehicle itself. If the replacement costs of the 

vehicle are compensated for, Insurer has a right to determine the 

place for the replacement vehicle. If the Policyholder or the 

Beneficiary do not agree with the aforementioned, Insurer shall 

compensate for the damage in the amount which it would be at the 

observance of the subclauses in the present point. 

11.2. If the vehicle is robbed or stolen or if the recovery of the vehicle 

is not economically reasoned, the insurable value of the vehicle is 

compensated for, the amount of which is the sum denoted on the 

insurance policy, of which the depreciation rate of 1% (2% in case of 

new vehicles, if the insurance contract does not include the new value 

insurance) is subtracted from the sum insured by each month from 

the conclusion date of the insurance contract to the date of the 

occurrence of the insured event, also excess of the Policyholder, 

decreases of the insurance indemnity determined in the insurance 

contract and unpaid instalments for the period until the end of the 

insurance period are subtracted from the sum insured. The new 

vehicle is the vehicle which has not had any owner after it has been 

issued from the producer factory, the vehicle has been registered in 

Estonia for the first time and no more than one year has passed from 

its primary registration in Estonia or any other country. 

11.3. In case of the theft of the cast wheel discs/tyres of the vehicle 

the cost of the equivalent cast wheel discs/tyres will be compensated, 

by reasonably considering the decrease in value resulting from 

depreciation. By compensating the acquisition cost of the new cast 

wheel discs/tyres the Insurer has the right to apply the double excess 

rate. 

11.4. If it has been decided that recovering the vehicle is 

economically reasoned, the reasonable recovery cost of the vehicle is 

compensated for, from which excess and insurance indemnity 

decreases determined in the insurance contract have been 

subtracted. 

11.5. At recovering the vehicle spare the parts complying with the 

degree of wear and tear and age of the vehicle are used. If it is 

impossible or unreasonable to use spare parts with the corresponding 

degree of wear, the price of the new parts including installation costs 

is compensated for. The Insurer has a right to determine where the 

required part must be purchased from (according to the factory 

requirements in case of cars with a valid warranty). 

11.6. The Insurer compensates for the recovery and replacement 

costs of the engine, transmission, chassis and their related systems 

and mechanisms not more than at the cost of the original parts and 

complexity of the manufacturer, irrespective of which engine, 

transmission, chassis and their related systems and mechanisms 

were installed to the vehicle at the moment of its insuring. 

11.7. The Insurer has a right to set-off the unpaid instalments until 

the end of the insurance period against its obligation to comply with 

the insurance contract. 

11.8. The ownership right of the vehicle or the remains of a vehicle 

and its accessories which the Insurer has compensated for shall be 

transferred to the Insurer. If the owner of the vehicle wishes to keep 

the vehicle damaged by an insured event or does not cede it to the 

Insurer, then the insurance indemnity is decreased by the value of 

the asset after the occurrence of the insurance event. 

11.9. If the Policyholder or the Beneficiary restores possession over 

the stolen or robbed vehicle, its possession must be ceded over to 

t h e I n s u r e r o r r e t u r n t h e i n s u r a n c e i n d e m n i t y . 

11.10. At the theft of the audio, navigation or DVD system with the 

removable details the insurance indemnity is decreased by 30% if the 

portable details (e.g. removal front panel of the audio system) are not 

presented. 

11.11. The maximum insurance indemnity for accessories at the 

occurrence of one insured event is determined in the insurance 

contract. 

12. RELEASING THE INSURER FROM THE LIABILITY TO 

COMPLY WITH THE INSURANCE CONTRACT 

12.1. The Insurer is partly or wholly released from the liability to 

comply with the insurance contract if: 

12.1.1. the Policyholder has not paid the insurance premium by the 

set deadline (in case of instalment by the additional date specified by 

the Insurer) and if the insured event occurs after the passed deadline 

of the instalment; 

12.1.2. the Policyholder has not deliberately fulfilled the obligation 

stipulated in the insurance contract and the non-fulfilment of the 

obligation had an impact on the occurrence of the insured event or 

the size of the damage or the fulfilment obligation of the Insurer; 

12.1.3. the insured event occurred due to the gross negligence or 

intent of the Policyholder or the Beneficiary. 


12.1.4. The Policyholder or the Beneficiary misinformed or pursued to 

misinform the Insurer regarding the circumstances of occurrence of 

the damage and/or its size or pursued to deceive the Insurer in some 

other way regarding the insurance contract or the circumstances of its 

fulfilment; 

12.1.5 The vehicle was stolen by means of a key which the 

Policyholder had left to the vehicle or if the key (also electronic) of the 

vehicle had left the possession of the Policyholder due to the 

negligence prior to the occurrence of the insured event (except for 

robbery); 

12.1.6. In case of the theft of the vehicle or parts of the vehicle the 

vehicle had no anti-theft devices required by the Insurer or if these 

had not applied. 

12.1.7.The vehicle lacked the valid technical inspection at the 

occurrence of the insured event, except in case when the vehicle did 

not participate in road traffic; 

12.1.8. The cause for the damage was the insufficient amount and/or 

circulation of fuel, cooling liquid or lubricant of required quality; 

12.1.9. The damage was caused due to the movement of the 

reasonably unattached luggage or cargo; 

12.1.10. During the occurrence of the insured event the person 

driving the vehicle was: 

12.1.10.1 under the effect of alcohol, narcotic or psychoactive 

substances, also if the driver has used the aforementioned 

substances before registering the traffic accident as required 

according to valid legislation or if the driver refuses the intoxication 

detection after the occurrence of the insured event according to valid 

legislation; 

12.1.10.2 in such a disease condition or state of fatigue which 

prohibited the clear perception of traffic conditions and the 

undeviating compliance with the requirements of the legal acts; 

12.1.10.3 without the corresponding driving privilege for the type of 

vehicle or if the driving privilege had been suspended or stopped; 

12.1.10.4 the person driving the vehicle left the scene of the occurred 

insured event by breaching valid legislation; 

12.1.10.5 the person driving the vehicle ignored the speed allowed by 

means of a traffic control device (e.g. road sign) or legislation; 

12.2. The Insurer decides on the scope of release from liability to 

comply with the insurance contract according to the collected 

information. 

13.1.13. Damage caused to the vehicle during the period when the 

vehicle was out of the possession of its owner or lawful possessor 

and if the police had not been notified as required; 

13.1.14. Additional costs caused by transporting people, cargo or 

luggage; 

13.1.15. Damage caused by the loss of possession of the vehicle by 

the Policyholder due to fraud or embezzlement; 

13.1.16. Damage caused by the theft or robbery of parts demounted 

from the vehicle by the Policyholder or at its knowledge; 

13.1.17 Damage occurred due to the fact that the Policyholder used 

the vehicle for the illegal purpose or helped the lawbreaker. 

13.2. Not for reimbursement is damage caused to the vehicle in 

relation to: 

13.2.1. participation at the competition/training or driving at the rally 

track. 

13.2.2. driving outside road traffic (e.g. on the landscape, field, in 

water, coastal area, nonofficial ice road etc); 

13.2.3. using nuclear energy for all purposes, or losing control over it; 

13.2.4. war, civil war, invasion, terrorism, mass disorders, civil riots, 

revolution, coup d'etat, strike, confiscation, arrest and lockout. 

13.2.5. damage caused by the unavailability of the damaged vehicle. 

14. RETURNING THE INSURANCE INDEMNITY 

The Policyholder and/or Beneficiary is obliged to return the insurance 

indemnity to the Insurer if the circumstances precluding the 

reimbursement became evident after compensating, or if a third party 

has compensated for the damage. 

15. FORM OF NOTIFICATION 

All notices shall be forwarded to the other party of the insurance 

contract in the form which can be reproduced in writing. 

16. FILING COMPLAINTS AND SETTLING DISPUTES 

16.1. The Policyholder has a right to file a complaint concerning the 

actions of the Insurance Provider to the Financial Supervision 

Authority (Sakala 4, Tallinn, www.fi.ee). 

16.2. All disputes arising from the insurance contract shall be settled 

upon agreement. In case of disagreement, the dispute will be settled 

in the court. 

13. PRECLUSIONS 

13.1. Not for reimbursement is: 

13.1.1. The damage, when it was not caused by an event classified 

as the insured event; 

13.1.2. The damage which did not occur during the insurance period; 

13.1.3. The damage, which was caused by using the vehicle outside 

the insurance territory; 

13.1.4. The damage, when other types of damage were made to the 

vehicle with the theft and the vehicle was not insured with the option 

of comprehensive motor hull insurance; 

13.1.5. The cost of the technical inspection or warranty repairs of the 

vehicle, the cost of amortized or defective spare parts (details) and 

their repair or replacement costs, the washing or cleaning costs 

irrespective of the insured event; 

13.1.6. The costs of the express delivery of spare parts; 

13.1.7. The damage caused by the rebuilding of the vehicle or its 

accessories non-compliant with requirements, amortization (also in 

relation to theft or non-permitted use) or defects; the corrosion of the 

vehicle, lacking or wrong maintenance, repairs and use; 

13.1.8. Damages to tyres, when it has not caused compensated 

damage to the vehicle. Damages of tyres with tread pattern 

exceeding the allowed wear limit and damages caused by the use of 

such tyres is not compensated for. 

13.1.9. Damage caused by the detail or device of the vehicle; 

13.1.10 Damage caused to the vehicle during loading and/or lifting 

operations; 

13.1.11. Damage caused by animals having stayed in the 

compartment of the vehicle; 

13.1.12. Damage caused to the compartment of the vehicle by the 

persons having stayed in the vehicle;

Insurance terms and conditions for casco (valid from ... - GJENSIDIGE

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