Your Duty to us
You have a legal duty to the insurer to either disclose certain information or to take reasonable care not to make a misrepresentation when you answer questions we ask you. The duty that applies to you depends on whether you use your vehicle for private or business purposes and is described below.
If you mainly use your vehicle for business or commercial purposes, you are subject to the duty of disclosure described below:
Your Duty of Disclosure
Where You are buying cover for a vehicle that You drive for rideshare, taxi or courier use/purposes, under the Insurance Contracts Act 1984 (Cth) (‘Act’) You have a duty of disclosure and before You purchase the insurance, You have a duty to tell Us of everything that You know, or could reasonably be expected to know, that may affect Our decision to insure You and on what terms. If You are not sure whether something is relevant You should inform Us anyway.
You have the same duty to inform Us of those matters before You renew, extend, vary, or reinstate Your contract of insurance. The duty applies until this Policy is entered into, or where relevant, renewed, extended, varied or reinstated (‘Relevant Time’). If anything changes between when the answers are provided to Us or disclosures are made and the Relevant Time, You need to tell Us.
Your duty however does not require disclosure of matters that:
- reduce the risk We insure You for;
- are common knowledge;
- We know or, in the ordinary course of Our business should know; or
- We have told You We do not want to know
If You do not comply with Your duty of disclosure, We may cancel Your contract or reduce the amount We will pay You if You make a claim, or both. If Your failure to tell Us is fraudulent, We may refuse to pay a claim and treat the contract as if it never existed.
If you mainly use your vehicle for private purposes, you are subject to the duty not to make a misrepresentation to the insurer described below.
Your Duty Not to Misrepresent the Insurer
You have a duty to the insurer under the Insurance Contracts Act to take reasonable care not to make a misrepresentation. To make sure that you meet this duty, it is important that you answer all questions that we ask you truthfully and accurately. Your answers will be used to decide if we can provide you cover and on what terms. If you give us information that is not true and accurate, we may be able to reduce or refuse to pay a claim or cancel your insurance, or both. If your failure is fraudulent, we may be able to refuse to pay a claim and treat the contract as if it never existed. If you don’t understand a question, you are unsure how to answer or if anything is unclear, please call us.
