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GERMANY
AUTO POLICY
READ YOUR POLICY, DECLARATIONS AND ENDORSEMENTS CAREFULLY
The auto insurance contract between the named insured and the company shown on the Declarations page consists of this policy plus the
Declarations page, the Tariff Provisions and any applicable endorsements. The Quick Reference section outlines essential information
contained on the Declarations and the major parts of the policy.
The policy provides the coverages and amounts of insurance shown on the Declarations for which a premium is shown.
This auto policy is underwritten through USAA S.A., which is incorporated under the laws of Luxembourg. Its registered office is at 1,
avenue du Bois, L-1251 Luxembourg, Grand-Duchy of Luxembourg, and it is registered with the Luxembourg Trade and Companies'
Register.
You may contact USAA S.A. at:
Phone: 0800-724-4196 (toll-free in Germany from a mobile or landline)
Phone: 00-800-531-81110 (from Europe)
Fax: 00-800-858-58111 (from Europe)
USAA S.A. is authorised by the Luxembourg Minister of Finance and supervised by the Commissariat aux Assurances:
Commissariat aux Assurances
11, rue Robert Stumper
L-2557 Luxembourg
Grand-Duchy of Luxembourg
+325 22 69 11-1
Ministère des Finances
3, rue de la Congrégation
L-1352 Luxembourg
Grand-Duchy of Luxembourg
+352 247 82600
The claims representative of USAA S.A. in Germany is:
USAA S.A. Frankfurt Claims Branch
Steubenhaus
Königsberger Strasse 1
60487 Frankfurt am Main
You may contact this office at 00-800-531-82220 or 0800-724-4196.
Right to Revoke the Contract
You have the right to revoke this contract as allowed by Par. 7 Sec. 2 of the German Insurance Contract Act. You must notify us in writing
of the revocation within two weeks after you receive this policy. Notice must be sent to:
USAA S.A.
1, avenue du Bois
L-1251 Luxembourg
Grand-Duchy of Luxembourg
or to this toll-free fax number: 00-800-858-58111.
Consequences of Revocation of the Contract
If you revoke this contract in writing, all coverage shall end at 12:01 a.m. on the day after you send the notice, and we will reimburse you
the premium for the remainder of the policy period.
GERMANY AUTO POLICY
for Policy #: EUSA 097470246 7101
AUT5200GER(2) 08-23
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We are entitled to premium from inception of the policy until we receive the revocation if you agreed that coverage should begin prior to
the end of the revocation period of two weeks. If you did not agree to this or if coverage begins after the revocation period, we will
reimburse you the full amount. We will reimburse your premium as soon as possible but not later than 30 days after we receive your
revocation.
Additional Notice
You have no right to revoke if the insurance contract was completely performed prior to your request to revoke. If you revoke a
replacement contract, your initial insurance contract continues to be in force. The right to revoke the contract does not apply to contracts
with a coverage period of less than one month.
QUICK REFERENCE
Declarations
Named Insured and Address
Policy Period
Operators
Description of Vehicle(s)
Coverages
Amounts of Insurance and Premiums
Endorsements
Agreement and Definitions Page 04
Part A – Liability Coverage Page 05
Definitions
Insuring Agreement
Bodily Injury Liability Coverage
Property Damage Liability Coverage and
Consequential Loss Coverage
Limit of Liability
Supplementary Payments
Exclusions
Out of Country Coverage
Other Insurance
Part B – Medical Coverage Page 08
Medical Payments Coverage
Definitions
Insuring Agreement
Limit of Liability
Exclusions
Other Insurance
Special Provisions
Part C – Uninsured Motorists Coverage Page 12
This Part does not apply.
Part D – Physical Damage Coverage Page 12
Definitions
Insuring Agreement
Comprehensive Coverage
Collision Coverage
Rental Reimbursement Coverage-Optional
Towing and Labor - Optional
Limit of Liability
Payment of Loss
Customs Duty
Loss Payable Clause
Waiver of Collision Deductible
Exclusions
No Benefit to Bailee
Other Sources of Recovery
GERMANY AUTO POLICY
for Policy #: EUSA 097470246 7101
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Appraisal
Part E – General Provision Page 16
Bankruptcy
Changes
Cohabitant
Complaint Against Us
Conformity to Law
Details About Our Regulator
Dispute Resolution
Duties After an Accident or Loss
Duties Prior to an Accident or Loss
Fees
Guarantee Fund
Mediation
Misrepresentation
Non-Duplication of Payment
Notice of Ride Sharing Activity
Our Right to Recover Payment
Ownership
Payment of Premium
Policy Period and Territory
Reducing the Risk of Loss
Rights of Third Parties
Spouse/Registered Civil Partner Access
Termination
Transfer of Your Interest in this Policy
Two or More Motor Vehicle Policies
GERMANY AUTO POLICY
for Policy #: EUSA 097470246 7101
AUT5200GER(2) 08-23 132561
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AGREEMENT
In return for payment of the premium and subject to all the terms of this policy, we will provide the coverages and limits of liability for
which a premium is shown on the Declarations. The USAA S.A. policy is written in English.
DEFINITIONS
The words defined below are used throughout this policy. They are in boldface when used.
A. "You" and "your" refer to the "named insured" shown on the Declarations and spouse or registered civil partner if a resident of the
same household.
B. "We," "us" and "our" refer to the Company providing this insurance.
C. "Auto business" means the business of altering, customizing, leasing, parking, repairing, road testing, delivering, selling, servicing,
towing, repossessing or storing vehicles.
D. "Bodily injury" (referred to as BI).
1. "Bodily injury" means bodily harm, sickness, disease or death.
2. "Bodily injury" does not include mental injuries such as emotional distress, mental anguish, humiliation, mental distress or any
similar injury unless it arises out of physical injury to some person.
E. "Cohabitant" means one unmarried adult residing primarily in your household with whom you share a mutually committed personal
and financial relationship intended to last indefinitely for the purpose of a domestic life. Both persons must be 18 years of age or
older and may not be related to each other by blood. Neither may be married to another person or be a cohabitant or partner by
civil union or domestic partnership with any other person.
F. "Driving contest or challenge" includes but is not limited to:
1. A competition against other people, vehicles or time; or
2. An activity that challenges the speed or handling characteristics of a vehicle or improves or demonstrates driving skills, provided
the activity occurs on a track or course that is closed from non-participants.
3. Driving on the Nurburgring Nordschleife.
G. "Family member" means a person related to you by blood, marriage, registered civil partnership or adoption who resides primarily in
your household. A family member includes the following when residing primarily in your household: a ward, foster child, cohabitant
and your cohabitant’s dependent children.
H. "Fungi" means any type or form of fungi, including mold or mildew, and includes any mycotoxins, spores, scents, or byproducts
produced or released by fungi.
I. "Miscellaneous vehicle" means the following motorized vehicles: motor home, golf cart, snowmobile, all-terrain vehicle or dune buggy.
J. "Motorcycle" means a two- or three-wheeled motor vehicle that is subject to motor vehicle licensing in the location where the
motorcycle is principally garaged.
K. "Motor vehicle" means:
1. A private passenger auto, pickup or van;
2. A motorcycle that is not used in any business or occupation, but only if a motorcycle is shown on the current Declarations.
L. "Newly acquired vehicle."
1. "Newly acquired vehicle" means a motor vehicle or trailer, not insured under another policy, that is acquired by you or any family
member during the policy period.
2. We will automatically provide for the newly acquired vehicle the broadest coverages as are provided for any vehicle shown on the
Declarations. If your policy does not provide Comprehensive Coverage or Collision Coverage, we will automatically provide these
coverages for the newly acquired vehicle subject to a $500 deductible for each loss.
3. Any automatic provision of coverage under paragraph L.2 will apply for up to 30 days after the date you or any family member
becomes the owner of the newly acquired vehicle. If you wish to continue coverage for the newly acquired vehicle beyond this
30-day period, you must request it during this 30-day period, and we must agree to provide the coverage you request for this
vehicle. If you request coverage after this 30-day period, any coverage that we agree to provide will be effective at the date and
time of your request unless we agree to an earlier date.
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M. "Occupying" means in, on, getting into or out of.
N. "Property damage" (referred to as PD).
1. "Property damage" means physical injury to, destruction of or loss of use of tangible property.
2. For purposes of this policy, electronic data is not tangible property. Electronic data means information, facts or programs:
a. Stored as or on,
b. Created or used on, or
c. Transmitted to or from
computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data
processing devices, or any other media that are used with electronically controlled equipment.
O. "Regular use" for purposes of this policy means having care, custody or control of a vehicle for more than 60 days, regardless of
whether the use is continuous during the 60 days.
P. "Ride sharing activity" means use of your covered auto to provide prearranged transportation of persons or property in conjunction
with a transportation network company.
Q. "Trailer," except as specifically modified in Part A - Liability Coverage, means a vehicle designed to be pulled by a motor vehicle. It also
means a farm wagon or implement while towed by such vehicles.
R. "Transportation network company" means a person or entity that provides prearranged transportation services for compensation using
an online-enabled application or platform to connect clients with drivers who use their personal vehicles to provide the requested
transportation. Examples of a transportation network company include but are not limited to Uber and Lyft.
S. "Van" means a four-wheeled land motor vehicle of the van type with a rated load capacity of not more than 2,000 pounds.
T. "Your covered auto" means:
1. Any vehicle shown on the Declarations.
2. Any newly acquired vehicle.
3. Any trailer you own.
PART A - LIABILITY COVERAGE
DEFINITIONS
A.
"Consequential loss" means financial damage that is not connected directly or indirectly to BI or PD (purely pecuniary losses).
B.
"Covered person."
1. "Covered person" as used in this Part means:
a. You or any family member for the ownership, maintenance, or use of any motor vehicle or trailer.
b. The owner of your covered auto.
c. The holder of your covered auto.
d. Any person using your covered auto with the permission of you or any family member.
e. The co-driver who regularly accompanies the entitled driver in order to relieve the driver or to carry out loading and unloading
work within the context of his employment relationship with you or the holder.
f. Your employer or superior public official if the vehicle is used for official service purposes with your consent.
g. Any other person or organization but only with respect to legal liability imposed on them for the acts or omissions of a person
for whom coverage is afforded in paragraphs 1.a through 1.f above. With respect to a motor vehicle or trailer other than your
covered auto, this provision only applies if the other person or organization does not own or hire the motor vehicle or trailer.
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2. The following are not covered persons under Part A:
a. The United States of America or any of its agencies.
b. Any person with respect to BI or PD resulting from the operation of a motor vehicle by that person as an employee of the
United States government. This applies only if the provisions of Section 2679 of Title 28, United States Code as amended, require
the Attorney General of the United States to defend that person in any civil action that may be brought for the BI or PD.
c. Any transportation network company.
C. "Trailer" as used in this Part includes:
1. Semi-trailers, and
2. Non-operative towed or hauled vehicles but only if coverage is not otherwise afforded for them under this or any other motor
vehicle policy.
INSURING AGREEMENT
A. We will pay compensatory damages for BI, PD or consequential loss for which any covered person becomes legally liable because of a
motor vehicle accident.
B. We will settle or defend as we consider appropriate any claim or suit asking for these damages. This paragraph (B) applies even if the
claims are unfounded or the amount of a claim for damages is unjustified.
C. Our duty to settle or defend ends when our limit of liability for these coverages has been paid or tendered. We have no duty to defend
any suit or settle any claim for BI, PD or consequential loss not covered under this policy.
LIMIT OF LIABILITY
A.
The limit of liability shown on the Declarations for BI Liability is our maximum limit of liability for all damages for BI resulting from any
one motor vehicle accident—including but not limited to, all direct, derivative or consequential damages recoverable by any persons.
The limit of liability shown on the Declarations for "each accident" for PD Liability is our maximum limit of liability for all damages to all
property resulting from any one motor vehicle accident.
B.
Our maximum limit of liability for consequential loss resulting from any one motor vehicle accident is the limit of liability shown on the
Declarations for Consequential Loss.
C.
The limits described in paragraphs A and B above are the most we will pay regardless of the number of:
1. Covered persons,
2. Claims made,
3. Vehicles or premiums shown on the Declarations, or
4. Vehicles involved in the motor vehicle accident.
D. You are responsible for any damages in excess of the limits of liability shown on the Declarations.
SUPPLEMENTARY PAYMENTS
In addition to our limit of liability, we will pay on behalf of a covered person:
1. Premiums on appeal bonds and bonds to release attachments in any suit we defend. But we will not pay the premium for bonds
with a face value over our limit of liability shown on the Declarations.
2. Prejudgment interest awarded against the covered person on that part of the judgment we pay. If we make an offer to pay the
applicable limit of liability, we will not pay any prejudgment interest based on that period of time after the offer.
3. Interest accruing in any suit we defend on that part of a judgment that does not exceed our limit of liability. Our duty to pay interest
ends when we offer to pay that part of the judgment that does not exceed our limit of liability.
4. Up to $250 a day for loss of wages because of attendance at hearings or trials at our request.
5. The amount a covered person must pay to the United States government because of damage to a government-owned private
passenger auto, pickup or van that occurs while the vehicle is in the care, custody or control of a covered person. The most we will
pay is an amount equal to one month of the basic salary of the covered person at the time of a loss. Only exclusions A.1 and A.11
apply.
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6. Other reasonable expenses incurred at our request.
7. All defense costs we incur.
8. Emergency treatment fees as set out in any applicable road traffic act.
EXCLUSIONS
A.
We do not provide Liability Coverage for any covered person:
1.
Who intentionally and illegally acts or directs to cause BI or PD, or who acts or directs to cause with reasonable expectation of
causing BI or PD.
2.
For PD to property owned by or being transported by a covered person.
However, this exclusion (A.2) does not apply to property usually carried with a covered person for personal use including but not
limited to: clothing, eyeglasses or luggage.
3.
For PD to property rented to, used by or in the care of any covered person. This exclusion (A.3) does not apply to damage to a
residence or garage.
4.
For BI to an employee of that person that occurs during the course of employment. This exclusion (A.4) does not apply to a
domestic employee unless workers’ compensation benefits are required or available for that domestic employee.
5.
For that person’s liability arising out of the ownership or operation of a vehicle while it is being used to carry persons or cargo for a
fee. This exclusion (A.5) does not apply to:
a. A share-the-expense car pool or
b. Your covered auto used for volunteer work when reimbursement is limited to mileage expenses.
6. While employed or otherwise engaged in the auto business. This exclusion (A.6) does not apply to the ownership, maintenance
or use of your covered auto by you, any family member, or any partner, agent or employee of you or any family member.
7. Maintaining or using any vehicle while that person is employed or otherwise engaged in any business or occupation other than
the auto business, farming or ranching. This exclusion (A.7) does not apply to the maintenance or use of:
a. A private passenger auto, a pickup or van owned by you or any family member, or a trailer used with these vehicles; or
b. A pickup or van not owned by you or any family member if the vehicle's owner has valid and collectible primary liability
insurance or self-insurance in force at the time of the accident.
8. For PD to a trailer connected to your covered auto. This exclusion (A.8) does not apply to an inoperable vehicle being towed by your
covered auto while rendering assistance and without commercial intent.
9. For PD to your property or your consequential loss caused by any covered person while you are occupying your covered auto.
10. For BI to any covered person operating your covered auto. This exclusion (A.10) does not apply to a covered person occupying your
covered auto as a passenger.
11. Using your covered auto without expressed or implied permission. We do not provide coverage for anyone who illegally seizes your
covered auto.
12. For BI or PD for which that person is an insured under any nuclear energy liability policy. This exclusion (A.12) applies even if that policy
is terminated due to exhaustion of its limit of liability.
13. For punitive or exemplary damages.
14. For that person's liability arising out of the ownership, maintenance or use of a vehicle while it is being used in ride sharing activity.
This exclusion (A.14) applies during the time the covered person is logged on to the transportation network company's
online-enabled application or platform and available to accept a passenger or delivery assignment, whether or not a passenger or
delivery assignment has been accepted. When a passenger or delivery assignment has been accepted, coverage is excluded while the
passenger or property to be delivered is occupying your covered auto. However, this exclusion (A.14) does not apply to a share-the-
expense car pool.
15. For BI or PD arising out of any terrorist act.
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B. We do not provide Liability Coverage for the ownership, maintenance or use of:
1. Any vehicle that is not your covered auto unless that vehicle is:
a. A motor vehicle, or
b. A vehicle used in the business of farming or ranching.
2. Any vehicle, other than your covered auto, that is owned by you, or furnished or available for your regular use. This exclusion (B.2)
does not apply to a vehicle not owned by you if the vehicle's owner has valid and collectible primary liability insurance or
self-insurance in force at the time of the accident.
3. Any vehicle, other than your covered auto, that is owned by or furnished or available for the regular use of any family member. This
exclusion (B.3) does not apply:
a. To your maintenance or use of such vehicle, or
b. To a vehicle not owned by any family member if the vehicle's owner has valid and collectible primary liability insurance or
self-insurance in force at the time of the accident.
4. Any vehicle while being operated in or in practice for any driving contest or challenge.
C. There is no coverage beyond the scope of statutory liability for liability assumed by any covered person under contract or agreement.
OUT OF COUNTRY COVERAGE
A.
If a motor vehicle accident to which this policy applies occurs in any country within the policy territory shown in Part E - General
Provisions other than Germany, your policy will provide at least the minimum amounts and types of liability coverages required by law
but in no event less than:
1. The limits of liability shown on the Declarations or
2. If the accident occurs in the United States of America, its territories or possessions, Puerto Rico, or Canada, the applicable limits in
Part E - General Provisions, Policy Period and Territory.
B. No one will be entitled to duplicate payments for the same elements of loss.
C. Court decisions in respect of claims in connection with this Auto Contract, rendered elsewhere but in the EU, the UK and/or any
Country for which the Certificate of Insurance, the Green Card and/or the General Terms and Conditions do not provide coverage for a
said risk, will not be enforceable against the Company issuing the Contract and will not entitle the Covered Person nor any Third Party
involved in a claim to receive any kind of compensation derived from that Court decision. You may seek additional coverage to
mitigate such risk.
OTHER INSURANCE
If there is other applicable liability insurance, we will pay only our share of the loss. Our share is the proportion that our limit of liability
under this policy bears to the total of all applicable limits. However, any insurance we provide to a covered person for a vehicle you do not
own shall be excess over any other collectible insurance.
PART B - MEDICAL COVERAGE
MEDICAL PAYMENTS COVERAGE
DEFINITIONS
A. “Beneficiary” means (in order or priority of payment):
1. The surviving spouse or registered civil partner if a resident in the same household as the deceased at the time of the accident, or
2. Either of the surviving parents who had legal custody at the time of the accident if the deceased is an unmarried minor or
3. The estate of the deceased.
B. "Covered person" as used in Medical Payments Coverage means:
1. You or any family member while occupying any motor vehicle or trailer.
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2. Any other person while occupying your covered auto.
3. You or any family member while not occupying a motor vehicle or trailer if injured by:
a. A motorized vehicle designed for use mainly on public roads,
b. A miscellaneous vehicle or
c. A trailer.
C. “Death benefit” means the amount we will pay to the beneficiary of a covered person who dies within one year of a motor vehicle
accident as the direct result of that motor vehicle accident.
D. “Disability benefit” means the amount we will pay for permanent or long-term loss to the functional capacity of a covered person's
body part or sense organ as the result of a motor vehicle accident. The loss must occur within one year following the accident, be
medically determined by a physician and be reported to us within 15 months following the accident.
1. The following percentage of the limit of liability shown on the Declarations for Medical Payments Coverage is the most we will
pay for any one covered person who suffers full loss of functional capacity of a body part or sense organ:
a. Arm 70%
b. Arm up to above the elbow joint 65%
c. Arm below the elbow joint 60%
d. Hand 55%
e. Thumb 20%
f. Index finger 10%
g. Other finger 5%
h. Leg above the mid-thigh 70%
i. Leg up to the mid-thigh 60%
j. Leg up to below the knee 50%
k. Leg up to the mid lower leg 45%
l. Foot 40%
m. Big toe 5%
n. Other toes 2%
o. Eye 50%
p. Hearing in one ear 30%
q. Sense of smell 10%
r. Sense of taste 5%
If there is full loss to another body part or sense organ, the percentage of the limit of liability will be determined by the degree to
which normal mental or physical capacity is impaired.
2. If there is partial loss to a body part or sense organ, the disability benefit will be that proportion of the percentage in paragraph
D.1 that corresponds to the proportion of loss.
3. If the covered person dies within one year of the auto accident for reasons that are not related to the motor vehicle accident,
we will pay the disability benefit based on the medical findings prior to death.
E. "Medical payment fee" is an amount that we will pay for charges made by a licensed hospital, licensed physician or other licensed
medical provider for medically necessary and appropriate medical services. The amount that we will pay will be one of the following:
1. The amount provided by an applicable agreement with a Preferred Provider Organization, Preferred Provider Network or other
similar agreement; or
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2. The amount required, approved or allowed by a fee schedule established by a state, federal or other governmental entity in the
relevant geographic area; or
3. The amount negotiated with the provider; or
4. The lesser of the following:
a. The actual amount billed or
b. A reasonable fee for the service provided.
F. "Medically necessary and appropriate medical services."
1. "Medically necessary and appropriate medical services" are those services or supplies provided or prescribed by a licensed
hospital, licensed physician or other licensed medical provider that are required to identify or treat BI caused by a motor vehicle
accident and sustained by a covered person and that are:
a. Consistent with the symptoms, diagnosis and treatment of the covered person's injury and appropriately documented in the
covered person's medical records;
b. Provided in accordance with recognized standards of care for the covered person's injury at the time the charge is incurred;
c. Consistent with published practice guidelines and technology, and assessment standards of national organizations or
multidisciplinary medical groups;
d. Not primarily for the convenience of the covered person, his or her physician, hospital, or other health care provider;
e. The most appropriate supply or level of service that can be safely provided to the covered person; and
f. Not excessive in terms of scope, duration or intensity of care needed to provide safe, adequate, and appropriate diagnosis and
treatment.
2. However, "medically necessary and appropriate medical services" do not include the following:
a. Nutritional supplements or over-the-counter drugs;
b. Experimental services or supplies, which means services or supplies that we determine have not been accepted by the majority
of the relevant medical specialty as safe and effective for treatment of the condition for which its use is proposed; or
c. Inpatient services or supplies provided to the covered person when these could safely have been provided to the covered
person as an outpatient.
INSURING AGREEMENT
A. We will pay the following to or for a covered person who sustains BI caused by a motor vehicle accident:
1. The medical payment fee for medically necessary and appropriate medical services and the reasonable expense for funeral
services. These fees and expenses must be incurred for services rendered within one year from the date of the motor vehicle
accident.
2. The disability benefit. However, we will not pay the disability benefit if the covered person dies within one year of the motor
vehicle accident as the direct result of the motor vehicle accident.
3. The death benefit.
B. We or someone on our behalf will review, by audit or otherwise, claims for benefits under this coverage to determine if the charges are
medical payment fees for medically necessary and appropriate medical services or reasonable expenses for funeral services. A
provider of medical or funeral services may charge more than the amount we determine to be medical payment fees and reasonable
expenses, but such additional charges may not be covered.
C. We will not be liable for pending or subsequent benefits if a covered person or assignee of benefits under Medical Payments Coverage
unreasonably refuses to submit to an examination as required in Part E - General Provisions, Duties After an Accident or Loss.
LIMIT OF LIABILITY
A. The limit of liability shown on the Declarations for Medical Payments Coverage is the maximum limit of liability, in the aggregate, for
medically necessary and appropriate medical services, disability benefit, and death benefit for each covered person injured in any
one accident. This is the most we will pay regardless of the number of:
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1. Covered persons,
2. Claims made,
3. Vehicles or premiums shown on the Declarations, or
4. Vehicles involved in a motor vehicle accident.
B. No one will be entitled to receive duplicate payments for the same elements of loss under this coverage and Part A - Liability Coverage
of this policy.
EXCLUSIONS
We do not provide benefits under Medical Payments Coverage for any covered person for BI:
1. Sustained while a participant in or in practice for any driving contest or challenge.
2. Caused by or as a consequence of war, insurrection, revolution, nuclear reaction or radioactive contamination.
3. Sustained while occupying a vehicle without expressed or implied permission.
4. Sustained as a result of a covered person's exposure to fungi, wet or dry rot, or bacteria.
5. Sustained while occupying any vehicle that is not your covered auto unless that vehicle is:
a. A motor vehicle, or
b. A vehicle used in the business of farming or ranching.
6. Sustained while occupying your covered auto when it is being used to carry persons or cargo for a fee. This exclusion (6) does not
apply to:
a. A share-the-expense car pool or
b. Your covered auto used for volunteer work when reimbursement is limited to mileage expenses.
7. Sustained while occupying any vehicle located for use as a residence.
8. Occurring during the course of employment if workers' compensation benefits are required or available.
9. Sustained while occupying or when struck by any vehicle, other than your covered auto, that is owned by you.
10. Sustained while occupying or when struck by any vehicle, other than your covered auto, that is owned by any family member. This
exclusion (10) does not apply to you.
11. Sustained while occupying a vehicle when it is being used in the business or occupation of a covered person. This exclusion (11)
does not apply to BI sustained while occupying a private passenger auto, pickup or van, or a trailer used with that vehicle.
12. Sustained while occupying your covered auto while it is rented or leased to others, or shared as part of a personal vehicle sharing
program.
13. Sustained while occupying your covered auto when it is being used in ride sharing activity. This exclusion (13) applies during the
time the covered person is logged on to the transportation network company's online-enabled application or platform and
available to accept a passenger or delivery assignment, whether or not a passenger or delivery assignment has been accepted.
When a passenger or delivery assignment has been accepted, coverage is excluded while the passenger or property to be delivered
is occupying your covered auto. However, this exclusion (13) does not apply to a share-the-expense car pool.
OTHER INSURANCE
If there is other applicable motor vehicle medical payments insurance, we will pay only our share of the loss. Our share is the proportion
that our limit of liability under this policy bears to the total of all applicable limits. However, any insurance we provide with respect to a
vehicle you do not own shall be excess over any other collectible motor vehicle insurance providing payments for medical or funeral
expenses.
SPECIAL PROVISIONS
If your covered auto and every other motor vehicle you own are within the policy territory referred to in Part E - General Provisions, then
coverage under Medical Payments Coverage will apply to you and any family member anywhere in the world.
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PART C - UNINSURED MOTORISTS COVERAGE (referred to as UM Coverage)
This Part does not apply.
PART D - PHYSICAL DAMAGE COVERAGE
DEFINITIONS
A.
"Actual cash value" means the amount that it would cost at the time of loss to buy a comparable vehicle. As applied to your covered
auto, a comparable vehicle is one of the same make, model, model year, body type and options with substantially similar mileage and
physical condition.
B. "Collision" means the impact with an object and includes upset of a vehicle. Loss caused by the following is covered under
Comprehensive Coverage and is not considered collision: fire; missiles or falling objects; hail, water or flood; malicious mischief or
vandalism; theft or larceny; riot or civil commotion; explosion or earthquake; contact with bird or animal; windstorm; or breakage of
window glass. If breakage of window glass is caused by a collision, you may elect to have it considered a loss caused by collision.
C. "Custom equipment" means paint or murals, equipment, furnishings, and parts permanently installed on your covered auto other than:
1. Original manufacturer paint, equipment, furnishings or parts;
2. Any replacement of original manufacturer paint, equipment, furnishings or parts with other paint, equipment, furnishings or parts of
like kind and quality;
3. Equipment, furnishings or parts designed to assist persons with disabilities;
4. Anti-theft devices and devices intended to monitor or record driving activity; and
5. Tires of a substantially similar size as those installed by the manufacturer.
D. "Loss" means direct and accidental damage to the operational safety, function or appearance of, or theft of your covered auto or
personal property contained in your covered auto. Loss includes a total loss but does not include any damage other than the cost to
repair or replace. Loss does not include any loss of use or diminution in value that would remain after repair or replacement of the
damaged or stolen property.
E. "Nonowned vehicle."
1. "Nonowned vehicle" means any motor vehicle or trailer not owned by or furnished or available for the regular use of you or any
family member. This applies only when the vehicle is in the custody of or being operated by you or any family member.
2. A nonowned vehicle does not include any of the following vehicles used in any business or occupation other than farming or
ranching:
a. A pickup,
b. A van or
c. A motorcycle.
F. "Repair."
1. "Repair" means restoring the damaged property to its pre-loss operational safety, function and appearance. This may include the
replacement of component parts.
2. Repair does not require:
a. A return to the pre-loss market value of the property;
b. Restoration, alteration or replacement of undamaged property, unless such is needed for the operational safety of the vehicle; or
c. Rekeying of locks following theft or misplacement of keys.
C. "Your covered auto" as used in this Part includes:
1. Custom equipment up to a maximum of $5,000 in or on your covered auto.
2. A nonowned vehicle. If there is a loss to a nonowned vehicle, we will provide the broadest coverage shown on the Declarations.
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INSURING AGREEMENT
A. Comprehensive Coverage (excluding collision).
1. Physical damage. We will pay for loss caused by other than collision to your covered auto, including its equipment, and personal
property contained in your covered auto, minus any applicable deductible shown on the Declarations. The deductible will be
waived for loss to window glass that can be repaired rather than replaced. In cases where the repair proves unsuccessful and the
window glass must be replaced, the full amount of the deductible, if any, must be paid.
2 Transportation expenses. We will also pay:
a. The reasonable amount for transportation expenses incurred by you or any family member but no more than the cost of renting
an Economy Class vehicle as defined under Rental Reimbursement Coverage. This applies only in the event of a total theft of
your covered auto. We will pay only transportation expenses incurred during the period beginning 48 hours after the theft and
ending when your covered auto is returned to use or, if not recovered or not repairable, up to seven days after we have made a
settlement offer.
b. If Rental Reimbursement Coverage is afforded, the vehicle class for transportation expenses is the vehicle class shown on the
Declarations for Rental Reimbursement Coverage for that vehicle.
B. Collision Coverage. We will pay for loss caused by collision to your covered auto, including its equipment, and personal property
contained in your covered auto, minus any applicable deductible shown on the Declarations
C. Rental Reimbursement Coverage (for loss other than total theft). This is an optional coverage for a fee.
1. We will reimburse you for expenses you or any family member incurs to rent a substitute for your covered auto. This coverage
applies only if:
a. Your covered auto is withdrawn from use due to a loss other than a total theft to that vehicle; and
b. The loss is covered under Comprehensive Coverage or caused by collision, and the cause of loss is not otherwise excluded
under Part D - Physical Damage of this policy.
2. We will reimburse you only for that period of time reasonably required to repair or replace your covered auto. If we determine your
covered auto is a total loss, the rental period will end no later than seven days after we have made a settlement offer.
D. Towing and Labor. This is an optional coverage for a fee. We will pay the reasonable costs you or any family member incurs for the
following services each time your covered auto is disabled:
1. Jumpstarting.
2. Locksmith services to gain entry to your covered auto. This does not include the rekeying of locks following theft or misplacement
of keys.
3. Towing or transporting to the nearest place where necessary repairs can be made during regular business hours if the vehicle will
not run or is stranded on or immediately next to a public road.
4. Winching.
5. Delivery of gas or oil to, or a change of tire on a disabled vehicle. However, we do not pay for the cost of these items.
LIMIT OF LIABILITY
A. Total loss to your covered auto. Our limit of liability under Comprehensive Coverage and Collision Coverage is the actual cash value
of the vehicle, inclusive of any custom equipment, and the cost to transfer or replace any equipment, furnishings or parts designed
to assist persons with disabilities.
1. The maximum amount we will include for loss to custom equipment in or on your covered auto is $5,000.
2. We will declare your covered auto to be a total loss if in our judgment the cost to repair it would be greater than its actual cash
value minus its salvage value after the loss.
B. Other than a total loss to your covered auto:
1. Our limit of liability under Comprehensive Coverage and Collision Coverage is the amount necessary to repair the loss based on our
estimate or an estimate that we approve if submitted by you or a third party. Upon request, we will identify at least one facility that
is willing and able to complete the repair for the amount of the estimate.
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2. Our estimate may specify used, rebuilt, remanufactured or non-Original Equipment Manufacturer (non-OEM) parts.
3. You may request that damaged parts be replaced with new Original Equipment Manufacturer (OEM) parts. However, you will be
responsible for any cost difference between the parts included in our estimate and the new OEM parts used in the repair.
4. We will not take a deduction for depreciation. We will take a deduction if prior damage has not been repaired. Prior damage does
not include wear and tear.
C. Personal property in your covered auto. The limits of liability described below are separate from the limits available for a loss to your
covered auto.
1. Our limit of liability under Comprehensive Coverage and Collision Coverage is the lesser of:
a. The amount necessary to replace the damaged or stolen property, or
b. $250.
2. We will not take a deduction for depreciation.
D. Under Rental Reimbursement Coverage, our maximum limit of liability is the reasonable amount necessary to reimburse you for
expenses incurred to rent a vehicle in the applicable class shown on the Declarations for Rental Reimbursement Coverage for that
vehicle. For purposes of this coverage:
1. Economy Class means "mini," small or compact 2- and 4-door cars that are not considered sports or luxury vehicles and are not the
estate/station wagon type.
2. Standard Class means standard and full size 2- and 4-door cars that are not considered sports or luxury vehicles and are not the
estate/station wagon type.
3. Multipassenger/Truck Class means:
a. Sports, convertible and luxury cars with an engine size of no more than 2.5 liters;
b. Estate/station wagons;
c. Minivans;
d. Mid-size cargo and passenger vans;
e. Pickup trucks;
f. “Mini,” small and midsize sport utility vehicles (SUVs) that are not considered luxury SUVs; and
g. Any private passenger vehicle equipped to assist persons with disabilities (when available).
E. Under Towing and Labor, our limit of liability is the reasonable price for the covered service.
F. We reimburse value added tax you actually incur for repair or replacement of your covered auto. We do not reimburse for the value
added tax if you are entitled to claim an exemption from the tax.
PAYMENT OF LOSS
We may pay for loss in money, or we may repair or replace the damaged or stolen property. We may return any stolen property to you or
to the address shown on the Declarations at our expense. If we return stolen property, we will pay for any damage resulting from the theft.
We may keep all or part of the damaged or stolen property and pay you an agreed or appraised value for it. We cannot be required to
assume the ownership of damaged property. We may settle a claim either with you or with the owner of the property.
CUSTOMS DUTY
In addition to our limit of liability, we will pay any legally valid judgment for a customs duty charged against you by any governmental
authority because you were unable to export your covered auto, which was not available for export due to a loss. We will pay this customs
duty judgment only if we also provide Comprehensive Coverage or Collision Coverage, as applicable, for the loss.
You must give us immediate notice in writing with complete details about the customs charges. We may deal directly with the customs
authorities and in your name defend against such a levy.
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LOSS PAYABLE CLAUSE
Loss or damage under this policy will be paid, as interest may appear, to the named insured and the loss payee shown on the Declarations.
This insurance with respect to the interest of the loss payee will not become invalid because of your fraudulent acts or omissions unless the
loss results from your conversion, secretion or embezzlement of your covered auto. We may cancel the policy as permitted by policy
terms, and the cancellation will terminate this agreement as to the loss payee's interest. We will give the same advance notice of
cancellation to the loss payee as we give to the named insured shown on the Declarations. We may send notices to the loss payee either
by mail or by electronic means. However, if the loss payee requests in writing that we not send notices, including a notice of cancellation,
we will abide by that request. When we pay the loss payee, we will be subrogated to the loss payee's rights of recovery to the extent of
payment.
WAIVER OF COLLISION DEDUCTIBLE
We will not apply the deductible to loss caused by collision with another vehicle if all these conditions are met:
1. The loss to your covered auto is greater than the deductible amount, and
2. The owner and driver of the other vehicle are identified, and
3. The owner or driver of the other vehicle has a liability policy covering the loss, and
4. The driver of your covered auto is not legally responsible in any way for causing or contributing to the loss.
EXCLUSIONS
We will not pay for:
1. Any loss arising out of any act committed:
a. By or at the direction of you or any family member, and
b. With the intent to cause a loss.
2. Loss to any vehicle while it is being operated in or in practice for any driving contest or challenge.
3. Damage due and confined to:
a. Road damage to tires,
b. Wear and tear,
c. Freezing, or
d. Mechanical or electrical breakdown or failure, including such damage resulting from negligent servicing or repair of your
covered auto or its equipment. We will pay for ensuing damage only to the extent the damage occurs outside the major
component (such as transmission/transaxle, electrical system, engine including cooling and lubrication thereof, air conditioning,
computer, suspension, braking, drive assembly, and steering) in which the initial mechanical or electrical breakdown or failure
occurs.
This exclusion (3) does not apply if the damage results from the total theft of your covered auto, and it does not apply to Towing
and Labor.
4. Loss or abandonment due to or as a consequence of war, insurrection, revolution, nuclear reaction, radioactive contamination or
discharge of a nuclear weapon (even if accidental). This does not apply to loss to your covered auto that is insured for
Comprehensive Coverage or Collision Coverage under this policy if that your covered auto is:
a. Subject to United States of America Federal Act 31 USC 3721 as amended and supplemented (Military Personnel and Civilian
Employee Claims Act), and
b. Within the policy territory shown in Part E - General Provisions of this policy.
In lieu of the policy deductibles, a $2,000 deductible applies to loss to your covered auto once per period of sustained hostility,
unless the loss occurs during U.S. government authorized shipment, in which case a $20,000 deductible applies. However, no one
will be entitled to duplicate payments for the same elements of loss.
5. Loss to a camper body or trailer owned by you or any family member that is not shown on the Declarations. This exclusion (5) does
not apply to one you or any family member acquires during the policy period and asks us to insure within 30 days after you or any
family member becomes the owner.
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6. Loss to any nonowned vehicle when used by you or any family member without a reasonable belief that you or that family
member is entitled to do so.
7. Loss to equipment designed or used to evade or avoid the enforcement of motor vehicle laws.
8. Loss to any nonowned vehicle arising out of its use by you or any family member while employed or otherwise engaged in auto
business operations.
9. Loss to your covered auto while it is rented or leased to others, or shared as part of a personal vehicle sharing program.
10. Loss resulting from:
a. The acquisition of a stolen vehicle,
b. Any legal or governmental action to return a vehicle to its legal owner, or
c. Any confiscation or seizure of a vehicle by governmental authorities.
This exclusion (10) does not apply to innocent purchasers of stolen vehicles for value under circumstances that would not cause a
reasonable person to be suspicious of the sales transaction or the validity of the title.
11. Loss to your covered auto that occurs while it is used to carry persons or cargo for a fee. This exclusion (11) does not apply to:
a. A share-the-expense car pool or
b. Your covered auto used for volunteer work when reimbursement is limited to mileage expenses.
12. Loss resulting from use in any illicit or prohibited trade or transportation.
13. Loss caused by fungi, wet or dry rot, or bacteria. This means the presence, growth, proliferation, spread or any activity of fungi, wet
or dry rot, or bacteria. This exclusion (13) does not apply to damage directly resulting from a loss covered under Comprehensive
Coverage or Collision Coverage.
14. Loss to your covered auto that occurs while it is being used in ride sharing activity. This exclusion (14) applies during the time the
covered person is logged on to the transportation network company's online-enabled application or platform and available to
accept a passenger or delivery assignment, whether or not a passenger or delivery assignment has been accepted. When a
passenger or delivery assignment has been accepted, coverage is excluded while the passenger or property to be delivered is
occupying your covered auto. However, this exclusion (14) does not apply to a share-the-expense car pool.
NO BENEFIT TO BAILEE
This insurance shall not directly or indirectly benefit any carrier or other bailee for hire.
OTHER SOURCES OF RECOVERY
If other sources of recovery also cover the loss, we will pay only our share of the loss. Our share is the proportion that our limit of liability
under this policy bears to the total of all applicable limits. However, any insurance we provide with respect to a nonowned vehicle will be
excess over any other collectible source of recovery including, but not limited to:
1. Any coverage provided by the owner of the nonowned vehicle.
2. Any other applicable physical damage insurance.
3. Any other source of recovery applicable to the loss.
This provision does not apply to Towing and Labor.
APPRAISAL
If we and you do not agree on the amount of loss, either may demand an appraisal. In this event, each party will select a competent
appraiser. The two appraisers will select an umpire. The appraisers will state separately the actual cash value and the amount of loss. If
they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will pay its
chosen appraiser and share the expenses of the umpire equally. Neither we nor you waive any rights under this policy by agreeing to an
appraisal.
PART E - GENERAL PROVISIONS
BANKRUPTCY
Bankruptcy or insolvency of the covered person as defined in this policy shall not relieve us of any obligations under this policy.
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CHANGES
A. The premium is based on information we have received from you and other sources. You agree to cooperate with us in determining if
this information is correct and complete.
B. With your agreement, we will make changes to your policy effective the date of change in risk exposure.
1. If, during the policy period, the risk exposure changes for any of the following reasons, we will make the necessary premium
adjustments effective the date of change in exposure. Change in exposure means the occurrence of an event listed in paragraphs
B.1.a through B.1.h or in paragraph E below, or a similar event that may increase or decrease the policy premium. You agree to give
us notice of any exposure change as soon as is reasonably possible. Changes that may result in a premium adjustment include, but
are not limited to, the following:
a. Change in location where any vehicle is garaged.
b. Change in description, equipment, purchase date, registration, cost, usage, miles driven annually or operators of any vehicle.
c. Replacement or addition of any vehicle. A replacement or additional vehicle is a newly acquired vehicle.
d. Deletion of a vehicle. The named insured may request that a vehicle shown on the Declarations be deleted from this policy. The
effective date of this change cannot be earlier than the date of the named insured's request unless we agree to an earlier date.
e. Change in date of birth, marital status, driver's license information or driving record of any operator.
f. Addition or deletion of an operator.
g. Change, addition or deletion of any coverage or limits.
h. Change in ownership. If you sell your covered auto by normal sale or compulsory auction, you must notify us promptly of the
name and address of the purchaser. This paragraph (B.1.h) does not apply if you provide proof that the vehicle is no longer
registered to you or any family member.
2. If we are notified of any change in risk exposure, we will request your consent to the policy adjustment. Failure to consent within 30
days of our request may result in modification or cancellation of your policy.
C. We will make any calculations or adjustments of your premium using the applicable rules, rates and forms as of the effective date of
the change.
D. If we make a change that broadens coverage under this edition of our policy without additional premium charge, that change will
automatically apply to your insurance as of the date we implement that change in your location. This paragraph (D) does not apply to
changes implemented with a revision that includes both broadenings and restrictions in coverage. Otherwise, this policy includes all the
agreements between you and us. Its terms may not be changed or waived except by endorsement issued by us.
E. Deployment.
1. If, because of your active-duty deployment in one of the military services of the United States, you have reduced the coverage on
your covered auto and placed the vehicle in storage, then, upon your return from the deployment, we will reinstate the coverage
that was on the vehicle prior to the deployment-caused reduction beginning on the date the vehicle is removed from storage.
2. Any reinstatement of coverage under paragraph E.1 will apply for up to 60 days after the date you returned from deployment. If
you wish to continue the reinstated coverage beyond the 60-day period, you must request it during the 60-day period. If you
request reinstated coverage after this 60-day period, any coverage we agree to provide will be effective at the date and time of
your request unless we agree to an earlier date.
3. You must pay an additional premium as set out in Part E - General Provisions, Changes, paragraph B.7 for the reinstated coverage.
COHABITANT
Coverage under this policy as a cohabitant does not grant membership or associate membership or imply eligibility for membership or
associate membership.
COMPLAINT AGAINST US
A. If you are not satisfied with our service or with our handling of a claim, you may contact us at:
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USAA S.A.
1, avenue du Bois
L-1251 Luxembourg
Grand-Duchy of Luxembourg
Phone: 0800-724-4196 (toll-free in Germany from a mobile or landline)
We will acknowledge your complaint and attempt to resolve the situation as quickly as possible. When warranted, we will provide you
with a suggested resolution within eight days from receipt of your complaint. We will inform you if your complaint cannot be resolved
within eight days, and communicate a suggested resolution within 30 days after the initial notification.
B. If after receiving our written response you remain dissatisfied, you have the right to file your complaint with one of the following two
authorities:
1. The Médiateur en Assurances (Insurance Ombudsman) at:
Médiateur en Assurances
Association des Compagnies d’Assurances et de Réassurances (ACA)
12, rue Erasmus
L-1468 Luxembourg
Phone: +352 442 1441
Fax: +352 44 02 89
The Insurance Ombudsman provides a free mediation service for unresolved disputes between insurance companies and
consumers. Further information (in French) is available at https://www.aca.lu/en/insurance-obudsman.
2. The Commissariat aux Assurances (CAA) at:
Commissariat aux Assurances (CAA)
11, rue Robert Stumper
L-2557 Luxembourg
Grand-Duchy of Luxembourg
+325 22 69 11-1
Fax: +352 22 69 10
USAA S.A. is regulated by the CAA in Luxembourg. The CAA will contact us for additional details about the complaint and an
explanation for our decision. Further information (in French) is available at http://www.caa.lu.
C. Further complaint information specific to services obtained online or by email is available on the Online Dispute Resolution platform at
http://ec.europa.eu/consumers/odr.
CONFORMITY TO LAW
If any of the terms of this policy conflict with local law, local law will apply.
DETAILS ABOUT OUR REGULATORS
You may also contact the supervisory authority responsible for us. USAA S.A. is authorised by the Luxembourg Minister of Finance and
supervised by the Commissariat aux Assurances:
Commissariat aux Assurances
11, rue Robert Stumper
L-2557 Luxembourg
Grand-Duchy of Luxembourg
+325 22 69 11-1
Ministère des Finances
3, rue de la Congrégation
L-1352 Luxembourg
Grand-Duchy of Luxembourg
+352 247 82600
We are also subject to secondary supervision by:
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Bundesantstalt fuer
Finanzdientleistungsaufsicht (BaFin)
Graurheindorfer Strasse 108
53117 Bonn
Germany
+49 (0) 228 4108-0
DISPUTE RESOLUTION
A. Unless we agree otherwise, any legal action against us must be brought in a court of competent jurisdiction:
1. At your place of residence, or
2. At our registered place of business or
3. At the branch office servicing you.
B. We may bring suit against you before the court with jurisdiction:
1. At your place of residence or
2. At your registered place of business.
C. If you no longer live in Germany or if we cannot determine where you live, the court responsible at our registered place of business
will have jurisdiction.
You may introduce a case before Court in respect of this Contract in Luxembourg or in your Country of residence. Where in this contract
we refer to your Country of residence we mean the Country where the risk is located. The Law governing the General Terms and
Conditions is the Law of the Country where the risk is located. We will always file a case before the Courts of your Country of Residence as
per the applicable European and/or UK Consumer Code Rules.
Cases introduced before Courts in respect of claims may only be introduced before Courts in:
· Luxembourg
· Your Country of residence at the time when the accident took place which is also the Country where the risk is located.
· The country where the accident took place where different from your Country of residence provided the Insurance Certificate, the
Green Card and/or the General Terms and Conditions clearly provide coverage for the said risks in the said Country.
Court decisions in respect of the indemnification of claims will only be enforceable against the Company where rendered in the above
detailed Countries and provided your Contract covers such risks. You may seek additional coverage to mitigate such risks.
DUTIES AFTER AN ACCIDENT OR LOSS
We may not be required to provide coverage under this policy if there has not been full compliance with the following duties and our
ability to investigate or settle the claim has been prejudiced:
A. We must be notified promptly of how, when and where an accident or loss happened.
1. Notice should also include the names and addresses of any injured persons and of any witnesses.
2. You may notify us:
a. By calling Claims at 0800-724-4196,
b. Online at www.usaa.com or
c. Using the USAA mobile phone app.
B. A person or entity seeking any coverage or payment of any benefits except payment under Part A - Liability Coverage must:
1. Cooperate with us in the investigation, settlement, or defense of any claim or suit.
2. Promptly send us copies of any notices or legal papers received in connection with a suit, accident or loss.
3. Submit, as often as we reasonably require:
a. To physical exams by physicians we select. We will pay for these exams.
b. To examination under oath. The examination must be signed.
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4. Authorize us to obtain medical reports and other pertinent records.
5. Submit a proof of loss when required by us.
6. Promptly notify the police if a hit-and-run driver is involved.
C. A person seeking coverage under Part D – Physical Damage Coverage must also:
1. Take reasonable steps after loss to protect your covered auto and its equipment from further loss. We will pay reasonable expenses
incurred to do this.
2. Promptly notify the police if your covered auto is stolen.
3. Permit us to inspect and appraise the damaged property before its repair or disposal.
DUTIES PRIOR TO AN ACCIDENT OR LOSS
Your covered auto may only be used by an entitled driver. An entitled driver is whoever uses your covered auto with the knowledge and
consent of the party empowered to give such consent. In addition, you, the holder or owner of your covered auto may not knowingly
enable the vehicle to be used by an unentitled driver.
In the event that your covered auto is used by an unentitled driver:
1. You have no coverage under this policy if you have willfully enabled the unentitled driver to use your covered auto.
2. If the unentitled driver uses your covered auto because of your gross negligence, we are entitled to reduce the benefits payable
under this policy in proportion to the severity of your negligence.
FEES
We will send notice of premium payment required and the date on which the payment is due. If your payment is returned, we will charge a
fee of $15.
GUARANTEE FUND
In the event of an accident with an uninsured vehicle or driver, you may need to make a claim against the National Guarantee Fund. In
Germany, their contact information is:
Verkehrsopferhilfe e. V.
Wilhelmstr. 43/43D
10117 Berlin
Germany
Phone: +49 30 20 20 5858
MEDIATION
USAA S.A. is not part of the German “"Versicherungsombudsmann e.V.", a mediation service. Therefore, this service is not accessible to
you.
MISREPRESENTATION
We do not provide any coverage for any person who has knowingly concealed or misrepresented any material fact or circumstance
relating to the claim in response to information requested or questions asked by us:
1. At the time application was made, or
2. At any time during the policy period, or
3. In connection with the presentation or settlement of a claim.
Where a misrepresentation is identified, then we are able to cancel this policy.
NON-DUPLICATION OF PAYMENT
When a claim or part of a claim is payable under more than one provision of this policy, we will pay the claim only once under this policy.
NOTICE OF RIDE SHARING ACTIVITY
You have a duty to notify us if any covered person is participating in ride sharing activity.
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OUR RIGHT TO RECOVER PAYMENT
A. If we make a payment under this policy and the person to or for whom payment was made has a right to recover damages from
another, we will be subrogated to that right. The person to or for whom payment was made shall do whatever is necessary to enable us
to exercise our rights and shall do nothing after loss to prejudice them. However, our rights in this paragraph do not apply under
Part D - Physical Damage Coverage against any person using your covered auto with a reasonable belief that that person is entitled to
do so.
B. If we make a payment under this policy and the person to or for whom payment was made recovers damages from another, the person
to or for whom payment was made shall hold in trust for us the proceeds of the recovery and reimburse us to the extent of our
payment.
C. If the covered person as defined in this policy recovers from the party at fault and we share in the recovery, we will pay our share of
the legal expenses. Our share is that percent of the legal expenses that the amount we recover bears to the total recovery. This does
not apply to any amounts recovered or recoverable by us from any other insurer under any inter-insurer arbitration agreement.
D. If we make payment for a claim under Part A - Liability Coverage and the covered person as defined in Part A:
1. Knowingly concealed or misrepresented any material fact or circumstance relating to this insurance, or
2. Failed or refused to comply with the duties specified in this policy and prejudiced our defense of the liability claim by such
failure or refusal,
then we shall seek reimbursement to the extent of our payment and cost of defense.
E. If we make payment for a claim under Part D - Physical Damage Coverage and you or any family member has knowingly concealed or
misrepresented any material fact or circumstance relating to this insurance, then you shall reimburse us to the extent of our payment.
OWNERSHIP
For purposes of this policy, a vehicle is deemed to be owned by a person if leased under a written agreement to that person for a
continuous period of at least six months.
PAYMENT OF PREMIUM
At our option, we may offer the following payment alternatives:
A. Payment in full.
1. We may require that the named insured pay the premium for this policy in full (once-only premium) before the policy is effective.
2. If we agree to renew this policy and payment in full is required, we will send you a premium statement for the renewal premium,
giving the amount due and the date by which premium must be received by us.
B. Monthly payments.
1. In lieu of the once-only premium, we may agree that the annual premium shown on the Declarations is payable in 12 monthly
installments.
2. Payments will be due as specified in monthly billing statements that will be sent to you, and you agree that all premium shall be
paid no later than one month prior to the expiration date of the policy.
C. Prompt payment.
1. You must pay the first installment or the full premium no later than 14 days after the policy effective date shown on the
Declarations.
2. If payment is not received by the due date specified in the statement, we will begin nonpayment cancellation procedures.
a. Coverage under this policy ends after 14 days if we have not received your payment; however, coverage will resume after we
receive your payment unless we have given you notice that the policy is canceled for nonpayment.
b. If payment is not received by the date in the nonpayment cancellation notice, coverage will end and we will have no duty to pay
under this policy for any loss or accident that occurs after that date.
c. However, if we receive your payment of the full amount due no later than one month after you receive the cancellation notice,
we will reissue the policy effective on the day after we receive your payment.
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There is no coverage for any accident or loss that occurs between the date specified in the nonpayment cancellation notice and the
effective date of the reissued policy.
POLICY PERIOD AND TERRITORY
A. This policy applies only to accidents and losses that occur during the policy period as shown on the Declarations and within the policy
territory. The policy period includes the period of provisional coverage prior to payment of the premium. The policy becomes final
when we receive your premium payment.
B. The policy territory is:
1. The Federal Republic of Germany.
2. Countries named on the International Motor Insurance Card (Green Card). However, this paragraph (B.2) does not apply to any
country crossed out on the Green Card under Section 8 Territory Validity.
3. The United Kingdom, the British overseas territory of Gibraltar and the Crown Dependencies of the United Kingdom of Great Britain.
4. The United States of America, its territories or possessions, Puerto Rico, and Canada, subject to the following conditions:
a. Coverage under this policy will extend for up to 30 days after the effective date of the policy while you are preparing to release
your covered auto for shipment to Europe.
b. Coverage will extend for up to 30 days from the date your covered auto is released from a port in the United States, its
territories or possessions, Puerto Rico, or Canada after its shipment from any location in paragraphs B.1, B.2 or B.3 above.
c. For any accident or loss that occurs in the United States of America, its territories or possessions, Puerto Rico, or Canada during
this extension of coverage:
(1) Our maximum limit of liability under Part A - Liability Coverage will be $300,000 for each person and $500,000 for each
accident for BI and $100,000 for PD.
(2) In addition, we will provide the minimum amounts and types of coverage required by law in the location where the accident
or loss occurs, subject to the terms and conditions of the USAA auto policy approved for use in that location. This
paragraph (B.4.c) applies only if there is no other insurance providing that coverage.
5. The policy territory includes transportation of your covered auto between any ports of the locations in paragraphs B.1 through B.4.
REDUCING THE RISK OF LOSS
We may occasionally provide you with products or services that assist you in preventing or reducing the risk of loss, and we may provide
an incentive for your use of these items.
RIGHTS OF THIRD PARTIES
As used in this Part, third party means anyone other than the named insured.
A. Subject to the exclusions, conditions and other provisions of this policy, third party intended and incidental beneficiaries have the rights
to coverage under the policy as set out in the Insuring Agreement of the applicable Part of this policy if:
1. The third party meets the definitions of a covered person under Part A or Part B, or
2. The third party is the owner of a nonowned vehicle that is covered under Part D - Physical Damage Coverage.
B. No third party liability claimants seeking damages under Part A - Liability Coverage of this policy may assert rights under this policy
against us, even if the third party liability claimant also meets the definition of covered person under Part A.
C. In defending a claim brought by any third party, we are entitled to rely on:
1. Defenses and rights of set-off that would be available had the claim been brought by the named insured;
2. Defenses and rights of set-off and any counterclaims that would be available if the third party were a party to the policy.
We may not set off premium owed by the named insured against a claim brought by a third party, other than the spouse, registered
civil partner or a family member of the named insured.
D. We reserve the power to rescind, cancel, nonrenew or vary the term, coverage and provisions of this policy without the consent of, or
notice to, any third party beneficiary of the policy, except as otherwise provided in the policy.
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E. The named insured has the power to cancel the policy or vary the term or coverage of the policy without the consent of, or notice to,
any third party beneficiary of the policy, except as otherwise provided in the policy.
F. There are no third party rights under this policy that may be assigned to others.
SEASONAL USAGE
A. If your covered auto is registered with a seasonal license plate, we will provide the coverage and limits shown on the Declarations
during the time period (season) documented on the official license plate.
B. During the portion of the year other than that documented on the seasonal license plate, Liability Coverage will continue at no
premium, but only while your covered auto is not being driven.
However, we will provide the coverage and limits shown on the Declarations while your covered auto is being driven in the registration
district and any adjoining district in connection with registration, main registration, safety inspection or exhaust gas examination.
SPOUSE/REGISTERED CIVIL PARTNER ACCESS
A. The named insured and we agree that the resident spouse or registered civil partner will have access to the same information available
to the named insured, including all information regarding the named insured as a data subject under local privacy laws, and may initiate
the same transactions as the named insured.
B. The named insured may notify us that he/she no longer agrees that the resident spouse or registered civil partner may have access to
the named insured’s information, and we will not permit the resident spouse or registered civil partner to access that information.
TERMINATION
A.
Cancellation. This policy may be canceled during the policy period as follows:
1.
You may cancel this policy at any time, but the effective date of cancellation cannot be earlier than the date of the request unless we
agree to an earlier date.
2.
We may cancel this policy by sending notice to the named insured shown on the Declarations. This cancellation notice may be
delivered to the named insured, mailed by postal mail to the most recent address you provided to us or sent electronically if we have
your consent and agreement on file to receive documents electronically. In any event, we will give:
a. At least 14 days’ notice:
(1) If cancellation is for nonpayment of premium. However, the policy will be reinstated without lapse in coverage if you pay
the required premium plus cost and interest within one month after receiving the notice.
(2) If cancellation is during the period of provisional insurance cover.
b. At least 30 days’ notice:
(1) After an accident or loss if we send notice within one month after:
(a) Negotiations on compensation end, or
(b) We have either acknowledged our obligation to pay or have refused this obligation unjustly, or
(c) We instruct you to allow the third party claim to go to litigation, or
(d) A liability judgment against you becomes lawfully final.
(2) To the purchaser of your covered auto, through normal sale or compulsory auction. Notice must be sent within one month
after we have gained knowledge of the sale or compulsory auction.
3.
Instead of canceling the entire policy, we may cancel one or more of the coverages. In this case, we will give you the same notice as
would be given for cancellation of the policy.
4.
After the period of provisional insurance cover, we will cancel only:
a. For nonpayment of premium, or
b. For fraud or material misrepresentation affecting the policy or the presentation of a claim, or
c. For a violation of the terms or conditions of the policy, or
d. If your driver's license or that of any driver who either lives with you or customarily uses your covered auto has been suspended
or revoked. This must have occurred:
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(1) During the policy period or
(2) Since the last anniversary of the original effective date if the policy period is other than one year.
5.
We may cancel for any other reason not prohibited by law.
B..
Nonrenewal. If we decide not to renew this policy, we will send notice to the named insured shown on the Declarations. This notice may
be delivered to the named insured, mailed by postal mail to the most recent address you provided to us or sent electronically if we
have your consent and agreement on file to receive documents electronically. In any event, notice will be sent at least 30 days before
the end of the policy period.
C.
Automatic Termination.
1. If we offer to renew and you or your representative do not accept, this policy will automatically terminate at the end of the current
policy period. Failure to pay the required renewal premium when due will mean that you have not accepted our offer.
2. If you obtain other insurance on your covered auto, any similar insurance provided by this policy will terminate as to that vehicle on
the effective date of the other insurance.
D.
Other Termination Provisions.
1. Proof of mailing or electronic transmission of any notice will be sufficient proof of notice.
2. If this policy is canceled, the named insured shown on the Declarations may be entitled to a premium refund. The premium refund, if
any, will be computed pro rata. However, making or offering to make the refund is not a condition of cancellation.
3. The effective date of cancellation stated in the notice will become the end of the policy period.
TRANSFER OF YOUR INTEREST IN THIS POLICY
A.
Your rights and duties under this policy may not be assigned without our written consent. However, if the named insured shown on the
Declarations dies, we will provide coverage until the end of the policy period for:
1. The surviving spouse or registered civil partner if resident in the same household at the time of death. Coverage applies to the
spouse or registered civil partner as if the named insured shown on the Declarations, and
2. The legal representative of the deceased person as if the named insured shown on the Declarations. This applies only with respect
to the representative's legal responsibility to maintain or use your covered auto.
B.
Coverage under Part A – Liability Coverage of this policy will apply to the buyer of your covered auto, subject to the following
conditions:
1. We may adjust the premium as allowed in Part E – General Provisions, Changes, for the change in risk exposure.
2. We may demand payment of any premium due for the remainder of the policy term from you or the buyer.
TWO OR MORE MOTOR VEHICLE POLICIES
If this policy and any other motor vehicle insurance policy we issued to you apply to the same accident, the maximum limit of our liability
under all the policies will not exceed the highest applicable limit of liability under any one policy.
Copyright, USAA, 2018. All rights reserved.
Includes copyrighted material of Insurance Services Office, used with permission.