Page 115 - Hollard Private Portfolio - Version 3.4

Motor
Liability to third parties
A third party is another person whose property is involved in an accident with your vehicle, for example the owner of another vehicle or the owner of property. That person may hold the driver of your vehicle legally liable for the damage caused by your vehicle. Your third party liability cover is limited to the amount shown in your policy schedule, which includes reasonable legal costs which we have agreed to in writing.
The driver’s legal liability
We will cover any driver’s legal liability towards a third party whilst driving your vehicle, as long as you are the person who claims under this policy. We will not cover a driver’s legal liability if the driver is insured for third party liability cover with another insurer. However, if the cover with the other insurer is not sufficient to cover the driver’s liability, we will consider the claim for the difference up to the limit under this policy.
Causes of legal liability and how we cover them
In South Africa, death and bodily injury to persons as a result of vehicle accidents are covered by the Road Accident Fund Act (RAF). This means that your legal liability cover in and outside South Africa is different as explained below.
Accidents in South Africa
We will cover a driver’s legal liability towards a third party if your vehicle is involved in an accident that causes:
○ Damage to another person’s property.
○ Death or bodily injury to another person, but only if the driver can be held legally liable in terms of the applicable legislation at the time of the incident.
Accidents outside of South Africa
○ We will cover a driver’s legal liability towards a third party if your vehicle is involved in an accident that causes:
– Damage to another person’s property.
– Death or bodily injury to another person, but only if the driver can be held legally liable in terms of the applicable legislation at the time of the incident.
○ We will cover a driver’s legal liability for a total of 90 days per year while travelling in any of these countries: Botswana, Lesotho, Malawi, Mozambique, Namibia, eSwatini, Zambia and Zimbabwe. There is no third party liability cover in Angola, Kenya, Tanzania and Uganda.
○ If it is compulsory to take out third-party liability cover at the border of a country, you must claim under that policy first in the event of a claim. If that policy does not cover your valid claim in full, we will cover the difference up to the limit shown in your policy schedule.
Driving a vehicle that does not belong to you
○ We also provide third party liability cover as described above if an accident happens while you or the regular driver are driving a vehicle that does not belong to you, but only if the following conditions are met:
– You, the regular driver or the restricted driver (as applicable), are the driver at the time of the accident.
– The vehicle is a passenger vehicle, 4x4 vehicle, 4x2 vehicle, minibus, SUV (sport utility vehicle), light
delivery vehicle (LDV) or a motorised caravan with a gross vehicle mass of no more than 3 500kg.
– The vehicle is not leased to you and you are not in the process of buying the vehicle from a motor dealer.
– The vehicle is not rented.
– The vehicle is not insured elsewhere for third party liability.
○ We only cover third party liability, and not loss or damage to the actual vehicle, or for any property transported by that vehicle.
For example:
You will be covered for your legal liability towards another person if you borrow a friend’s uninsured vehicle, and you are in an accident that causes damage to another vehicle.
Hollard Private Portfolio – Version 3.4 – 17 Aug 2023 113