We may refuse a claim

We may refuse a claim if:

1. You do not comply with, “What you must tell us” in the Product Disclosure Statement.
2. when making a claim or in connection with either your application or the claim, you:
   • are not truthful;
   • have not given us full and complete details; or
   • have not told us something when you should have.
     
3. you do not at all times take all reasonable care to:
   • protect your vehicle against any initial or further loss or damage; and
   • obey any laws or regulations that safeguard people or their property.
     
4. you do not give us the documents and information we may need to help us decide on any amount we may pay you.
5. you do any of the following without us agreeing to it first:
   • make or accept any offer or payment, or in any other wayadmit you are liable;
   • settle, or attempt to settle any claim, or defend any claim.
6. you do not as soon as possible make a report to the police about:
   • any accident involving your vehicle (if the law requires you to report the accident);
   • any malicious damage to your vehicle; or
   • any theft or attempted theft of your vehicle.
     We may require you to give us a written statement from the police saying that you reported the event to them.

We may refuse to pay a claim under this policy if, at the time of the accident or event which results in a claim:

7. your vehicle has the restricted driver/rider endorsement and you do not comply with the terms of this endorsement, as set out here.
8. your vehicle is being driven/ridden or used other than for private use (unless business use or wedding/chauffeur is shown in your schedule).
9. your vehicle is carrying or towing a load which is heavier than the law allows or the manufacturer specifies.
10. your vehicle is being driven/ridden or used by a person who:
• is under the influence of alcohol or of any drug;
• has a blood alcohol level in excess of the legal limit prescribed by the law applying in the State or Territory where the accident or event occurs; or
• refuses to allow police to conduct a breath or blood test for determining the blood alcohol or drug content.
  This exclusion will not apply:
• to the extent that there are any relevant laws which make it unenforcable;
• if you prove that you did not consent to your vehicle being driven/ridden or used by the person; or
• if you prove that you had no reason to suspect that the person driving/riding or using your vehicle with your consent was affected by alcohol or drugs.
11. your vehicle is being driven/ridden or used by any person:
• who is not the holder of a current driver/rider’s licence that allows the person to drive/ride a vehicle for the purpose for which it is being used; or
• who does not comply with all conditions imposed on their licence.
  This exclusion will not apply:
• if you prove that you did not consent to your vehicle being driven/ridden or used by the person; or
• if you prove that you had no reason to suspect that the person driving/riding or using your vehicle with your consent was unlicensed.
12. your vehicle is being used for an unlawful purpose by you or by someone with your permission.
13. your vehicle is being driven/ridden or used while in an unroadworthy or unsafe condition.
    • This exclusion will not apply if you prove that:
      you could not reasonably have detected the unsafe or unroadworthy condition; or
    • the loss, damage or legal liability was not caused or contributed to by the unsafe or unroadworthy condition.
14. your vehicle is being driven/ridden while unregistered.
15. your vehicle is being used for carrying of passengers for hire, fare or reward (unless the wedding or chauffeur driven/ridden hire endorsement is shown in your schedule).
16. your vehicle is being driven/ridden or used in racing, pacemaking, a reliability trial, a speed or hill climbing test or while being used in preparation, practice or familiarisation for any of these (unless cover has been provided under the Club Racing endorsement - and then only in respect of damage to your vehicle subject to the limit referred to under ‘Club Racing’).
17. your vehicle is present at or upon a race track or testing ground, or at or upon land immediately adjacent to a race track or testing ground, unless:
    • you prove that your vehicle is there for the purpose of a driver/rider education course being conducted under the tutorage of a professional instructor;
    • you prove that your vehicle is there solely for a purpose other than driving/riding or use in an event to be conducted, being conducted at or upon the race track or testing ground; or
    • cover has been provided under the Club Racing endorsement, which will be subject to the limitations set out under ‘Club Racing’.
18. your vehicle is being used to carry flammable substances, chemicals (other than for normal domestic purposes) or explosives.