Rules & regulation

• Claims to be lodged within 48 hours of the collision occurring
  • All claims must be lodged to the Club within 48 hours of the collision occurring. This applies whether or not the Member or their driver was at fault. If the Club is not notified in accordance with this provision, the Club reserves a right of refusal to any such claim.
  • Within 48 hours of lodging a claim, a Member must provide Takings Sheets for a period of at least two (2) weeks prior to the accident.
  • claims to be lodged in writing at our office @ 24 graham rd clayton south -3169 . phone calls or text messages are not accepted as notification of incident or accidents .
  • claims lodged after 48 hours from the time of accident or incident incur 3rd party policy provider excess of $10000.

• Breach of Contract by Members

In the event that a Member breaches their Contract with the Club

• The Club shall notify the Member of such a breach; and
• The Member’s policy with the Club will be automatically terminated; and
• The Club may refuse payment of any claims made prior to the breach of Contract.

• Membership Fees
  • The Membership Fee is payable annually and subject to change. Members will be notified in writing upon any changes made to the Membership fee
  • If the Member elects to be indemnified for Third Party damages by the Club’s third party insurance provider, they must pay the subscription fee as outlined in Schedule 4. This is an annual payment and must be paid at the same time as the Membership Fee.
• Renewal of Membership Fees
  • Failure by a Member to pay their Membership fee on or before the due date will result in a cancellation of the Member’s Membership Agreement at 5.00pm on the due date.
  • The Club does not have a cooling off period of two (2) weeks.
• Contribution
  • Full payment of contribution must be submitted with the claim form.
  • It is the obligation of the Member to pay the full contribution owing to the Club. Any contributory payment to be derived from the Member’s Driver to the Member is the responsibility of the Member and not the Club.
  • Whether a claim is considered “in the right” or “in the wrong” is to be decided at the absolute discretion of the Manager of the Club.
  • Schedule 1 provides a non-exhaustive list of contributions and the circumstances in which they are payable.
  • The Club must notify Members in writing upon any change to Contribution amounts.
  • In the event that the contribution has been paid in full however no repairs have been made to the Member’s vehicle in relation to the collision for which the contribution was paid and no payment is required for the Third Party, the contribution shall be reimbursed to the Member after a period of twelve (12) months.
  • Contributions are to be paid immediately upon lodgement of a claim. Failure to do so will result in the claim being disregarded and deemed invalid.
    • Where repairs are being undertaken, the vehicle will not be released to the Member until the contribution has been made in full to the Club;
    • Where repairs have been completed and the Member fails to pay their contribution and as a result, a Tax Invoice is issued to the Member, full payment as per the Invoice must be received, failing which the Club will automatically cancel the Member’s policy and reserves the right to commence legal proceedings.
  • Full contribution is to be paid where a claim “in the wrong” has been regardless of the level of damage caused to any third party vehicle.
    • Where the Club, Member or Driver  receive no demands from the third party within 12 months of lodgement of the claim, and no repairs have been done to the Member’s vehicle as a result of the collision or incident, the full contribution paid will be reimbursed to the Member.
    • Where the Club, Member or the Member’s Driver receive no demands from the third party within 12 months of lodgement of the claim, and repairs have been done to the Member’s vehicle as a result of the collision or incident and the cost of such repairs are below the contribution paid, the Club shall reimburse the difference and deem the claim closed.
  • Admission of Liability

If a Driver or Member admits liability at the scene of a collision or incident without the prior written consent of the Club, the Club reserves the right to disallow the Member’s claim.

• Settlement of Third Party Claims by Member

It is deemed a breach of Contract and Membership Agreement where a Member and/or their vehicle is involved in a collision either “in the right” or “in the wrong” and elects to handle the matter independently of the Club. The Contract and Membership Agreement will immediately be terminated and payments to the Member for any previous claims lodged may be denied.

• Vehicle Must Be Kept In A Roadworthy Condition

The Vehicle subject of the Membership Agreement and Contract must be maintained in a roadworthy condition at all times with particular attention to be given to the condition of the tyres. The Club does not provide cover in relation to car phones, radios, taximeters and any other miscellaneous fittings.

• Nomination of Drivers
  • It is the responsibility of Members to nominate Drivers to the Club by completing and submitting the Form in Schedule 2. The Club has the authority to increase the amount of contribution relative to the number of Drivers.
  • In the event that a Driver has not been previously nominated and is involved in a collision or incident involving the Member’s vehicle, the Club has the authority to refuse any claim made in relation to such a collision or incident.
• Collection of Collision Details
  • A Member and/or their driver is responsible for collecting all details of a collision or incident, including but not limited to details of the other vehicles, property and persons involved in the collision or incident. Any failure to do so may invalidate all or part of the claim.
  • A Member must provide accurate information as to the circumstances of the collision. In the event that the Member fails to do so or provides misleading information, the Club will not indemnify the Member and/or their Driver. In this event, the Driver and Member will be liable for any and all Court Orders and costs made against the plaintiff.
• Repairs Undertaken Outside of the Club’s Authority

The Club bears no liability or responsibility with respect to damages arising as a result of electrical or mechanical repairs undertaken at a repair shop outside the authority of the Club.

• Total Loss
  • Where a vehicle is deemed a total loss, cover will be provided at the pre-accident market value price. Any amount paid will be determined in accordance with an assessment report provided by the Club’s Independent Assessor.
  • Where a Member has lodged a claim and had their vehicle assessed as a Total Loss, the Member’s policy will automatically be suspended until such time as a new policy is produced and payment is made.
• Grounds for Refusal of Cover
  • Cover will be refused for the purpose of this Membership Agreement where the nominated vehicle was:
    • Driven by or was in the control of, any person under the influence of any drug or intoxicating liquor; or
    • Carrying any load or number of passengers in excess of that for which the vehicle is licensed to carry or where such carriage is in contravention of any and all applicable laws relating to taxi cabs in the State of Victoria; or
    • Operating in an unsafe or unroadworthy condition; or
    • Carrying customers for reward hire or fare other than as a registered taxi cab; or
    • Operating outside the State of Victoria; or
    • Not involved in a collision however is damaged by fire or
    • Theft by driver negligence
  • Loss of Use

Only where a recovery from the Third Party has been made will loss of income be paid to the Member. In these circumstances, loss of Use will be paid at a rate of $150.00 per day for an “in the right” claim and will be paid upon recovery. loss of use days is applicable to days required for repair of vehicle . sat and sun does not count towards loss of use days . delay in parts from supplier does not count towards loss of use days .

• Third Party Insurance Cover
  • In the event that a claim against the Club exceeds $10, 000.00 comprising the loss suffered by the Member and any loss claimed by a third party(ies), the Club may lodge a claim with their Third Party Insurance Provider. The relevant contribution payable as a result of such a claim by the Club on behalf of the Member is outlined in Schedule 1. The Club will thereafter cover the Member for demands made by a Third Party and also for the damages caused to the Member’s vehicle, if any.
  • At the request of the Member and upon receipt of the applicable subscription fee outlined in Schedule 4 the Club will apply for a Policy of Insurance from their Third Party Insurance Provider to provide indemnity to the Member for third party damage. The applicable subscription fee is due and payable to the Club by the Member must be paid simultaneously with Membership fees.
  • The Club does not make any representations that the Third Party Insurance Provider will approve such an application.
  • In the event that indemnity by the Third Party Insurance Provider is denied, the subscription fee paid by the Member for that year will be refunded in full.
  • Scope of 3rd party car damage 

• 3rd party vehicle damages are fully covered as per underwriter pds .
• 3rd party personal belongings are not covered in accidents
• 3rd party rental cars expenses are not covered in accidents
• multiple car collision accidents where different vehicles are hit at different times are considered as separate accidents  and attract excess .

 

• Cancellation of Contract

A cancellation fee of 10% applies for any early termination of the Contract.

• Driver and Owner to Remain in Australia

Where an incident or accident has occurred, the Member and their Driver must remain in Australia for the duration of settlement of the claim, including any and all Court proceedings.

• Court Attendance
  • A Member and/or Driver must attend Court to give evidence in relation to a claim lodged with the Club where liability has been disputed.
  • The Owner of the vehicle is responsible for ensuring the attendance of their Driver at any and all Court proceedings at which the Driver is required. Failure to do so will result in the Owner being responsible for all costs payable to the Third Party.
•  UNDERWRITING POLICY
  • p2p cover limited – ABN ::  84 667 017 398
    • The Club provides 3rd party policy by p2p cover limited with the following conditions attached:
      • the policy only commences when all the documents required by p2p cover limited have been provided to the Club and the premiums, and all dues for p2p cover limited third party are received.
      • if a member decides not to have a third party insurance cover, they will only be covered by the Club for third party liabilities up to $10,000.00.
      • Where a Member opts to have third party insurance cover, the Club makes no assurances or representations that p2p cover limited will approve the Member’s application for coverage.