The insurance contract
The insurance contract is governed by the current Danish Insurance Contracts Act (Lov om forsikringsaftaler) insofar as it is not derogated from by the documents of the insurance contract.
1.1 The insurance company
The insurance company (insurer) is If Skadeforsikring, hereinafter referred to as If. The insurer providing coverage in the event of death under the insurance is: If Livsforsikring, a branch of If Livförsäkring AB, Sweden, Danish company no. (CVR) 34590184, Swedish company no. (Swedish Companies Registration Office) 516406-0252.
The policyholder is Sixt Biludlejning A/S, hereinafter referred to as Sixt. The person renting the car is referred to as the insured.
1.2 Term and termination of the insurance
The agreement between Danish Car Rental and the insured follows the basis of the car rental agreement provided by Sixt. This means the car rental agreement will state whether any optional insurance and coverage have been purchased.
1.3 Payment of premium
The insurance premium is payable concurrently with the payment of the car rental, our partner Sixt. The premium is payable to Sixt.
1.4 Termination in the event of a claim
Following notification of any claim and for a period of up to 14 days after payment of compensation or refusal of the claim, the insured, Our partner, Sixt and If are entitled to terminate the insurance by giving four weeks’ notice. Instead of terminating the insurance, If may, by giving the same period of notice, choose to limit the coverage.
1.5 Damage limitation
In the event of loss or damage, the insured is obliged to prevent or limit the damage to the extent possible, and If is similarly entitled to take appropriate measures to this effect.
1.6 Notification of claim
Claims must be notified without delay to Sixt or If; see clause 9.1. Liability to pay compensation may only be acknowledged and claims for compensation may only be approved with If’s consent.
The insured must take the necessary measures to raise and enforce a claim against liable third parties. In the event of a recoverable claim, If is subrogated to the insured’s right to raise a claim against the liable party or other liable parties. Furthermore, If may claim recourse for such amounts as it has paid in compensation for loss or damage not covered by the insurance contract.
1.8 Double insurance
If insurance against the same risk has been taken out with another company, and this company has made a reservation in respect of the expiry or limitation of coverage if insurance has also been taken out with another company, the same reservation applies to this insurance such that compensation is paid proportionally by the companies.
1.9 Value-added tax
Moreover, if the insured is subject to value-added tax, the insured must pay value-added tax on the compensation for loss or damage to the extent the insured can deduct value-added tax in its VAT accounts.
1.10 Jurisdiction and choice of law
Disputes arising out of the insurance contract must be decided according to Danish law before the courts of Denmark (refer, however, to the ‘Arbitration’ section in respect of property insurance).
2. Right of appeal
If you are dissatisfied with a decision made by If, you should first contact the department that handled your claim.
2.1 If’s Customer Ombudsman
If you are still dissatisfied after contacting this department, within six months of the conclusion of the claim, you may contact our Customer Ombudsman, which will review your complaint at no cost.
You can contact the Customer Ombudsman directly via If’s website, www.if.dk.
You are also welcome to call the Customer Ombudsman directly on +45 70 22 01 32.
2.2 The Danish Insurance Complaints Board
The Complaints Board only handles cases of a business nature if it deems that the case does not materially differ from private insurance matters. The Danish Insurance Complaints Board If, after contacting If again, you are still dissatisfied, you may file an appeal with:
The Danish Insurance Complaints Board
Anker Heegaards Gade 2
1572 Copenhagen V
Telephone: +45 33 15 89 00
You should send your appeal to the Complaints Board using the special appeal form available from If or the Complaints Board.
A small fee is payable, which will be refunded if the decision is wholly or partly in your favour, or if the Complaints Board refuses to handle your appeal.
2.3 Arbitration (in respect of property insurance)
You and If are both entitled to demand that the claim be calculated by impartial expert assessors, of which you choose one and If the other. Before undertaking the calculation, the assessors select an umpire who, in the event of disagreement between the assessors, will step in and, within the bounds of the disagreements, make decisions regarding the issues in dispute.
Should the assessors fail to agree on the choice of umpire, the president of the Danish Maritime and Commercial Court will appoint one.
The assessors undertake the calculation in close accordance with the provisions of the insurance contract and submit a written account of the calculation of loss. Either party remunerates its appointed assessor, while the costs of the umpire are divided equally between the parties.
Summary of coverage:
Coverage, personal injury after traffic accident – applicable when either PAI or SPAI insurance has been taken
Sum insured – compensation:
Death: DKK 120,000 per insured person
Death – child under 18: DKK 50,000 per insured person (funeral assistance)
Compensation for permanent injury: DKK 1,000,000 for 100% permanent injury. Compensation for permanent injury starts at 5% permanent injury.
Dental injury: DKK 25,000 reasonable and necessary costs per insured person
For a more detailed description of coverage and exclusions, see the terms below.
Coverage, damaged luggage after traffic accident – only when SPAI insurance has been taken out Sum insured – compensation
Luggage and other baggage, damage in connection with traffic accident. DKK 20,000 per damage/loss, applicable for all insured persons
Limited sum insured for special items: All forms of electronic equipment, not restricted only to mobile phones, PC and photographic equipment.
Antiques, art works, musical instruments, items of fur and leather clothing and similar special items. DKK 10,000 per individual item
Special valuables: Precious metals, gems, jewellery, watches, coin collections, cash and other cash representatives.
Not covered by the insurance
4. Where is the insurance cover applicable?
The insurance covers the geographical area described in the car rental agreement.
5. Coverage, accident, car driver and passengers
The insurance covers the driver and up to five passengers, six persons in total, when the person/persons insured are in the vehicle during a traffic accident and while embarking and disembarking the vehicle. If more than six persons are in the vehicle, the sum insured will be proportionally reduced.
The insurance covers accidents occurring in connection with driving, embarking and disembarking the rented vehicle. An accident is defined as a sudden occurrence causing personal injury.
The insurer providing this coverage is If Livsforsikring, a branch of If Livförsäkring AB, Sweden, Danish company no. (CVR) 34590184, Swedish company no. (Swedish Companies Registration Office) 516406-0252.
The sum insured in the event of death is DKK 120,000 per insured person. Compensation amounting to DKK 50,000 is paid for funeral assistance in respect of children under 18.
An accident does not entail entitlement to compensation for both death and permanent injury. This means compensation in the event of death is reduced by any amount of compensation paid for permanent injury. When an accident is the direct cause of the insured’s death within one year of the accident, the sum insured is paid out. Compensation amounting to DKK 50,000 is paid for funeral costs in respect of children under 18. This amount is not index-linked.
Unless otherwise notified in writing, If pays the sum insured to the deceased’s next-of-kin in accordance with the Danish Insurance Contracts Act.
6.3 Payment to minors
If the insured is a minor, the sum insured is paid to the insured’s guardian in accordance with current guardianship rules.
If an accident has caused a degree of permanent injury of at least 5%, the compensation payable corresponds to the percentage of the sum insured at which the degree of permanent injury was determined. The aggregate degree of permanent injury resulting from the same accident may not exceed 100%. Compensation is determined as soon as the full outcome of the accident can be established.
The degree of permanent injury is determined on the basis of the medical type and extent of the injury, based on medical findings and in accordance with the permanent injury ratings used by Labour Market Insurance (Arbejdsmarkedets Erhvervssikring) at the time of injury.
If the degree of permanent injury cannot directly be determined according to the permanent injury ratings of Labour Market Insurance, the degree of permanent injury is determined by the extent of physical functional impairment.
The degree is determined with no consideration being made for the insured’s occupation, age or gender.
Labour Market Insurance
In the event of disagreement regarding a decision made by If about the degree of disability, the claim may be submitted to Labour Market Insurance, whose decision is indicative for both parties. The party wishing to submit the question of disability degree to Labour Market Insurance pays the submission fee. Should the decision be amended in favour of the insured, If pays the full costs.
7.2 Payment to minors
Compensation is paid to minors according to the following rules:
When the degree of permanent injury is 30% or more, 10% of the compensation is paid to the holder of guardianship according to current guardianship rules. The remainder of the compensation falls to the minor and is placed in accordance with the rules for the placement of assets belonging to minors.
When the degree of permanent injury is less than 30%, the compensation is paid to the holder of guardianship.
8. Dental injury
The sum insured for dental injury following a traffic accident is DKK 25,000 per injury per person.
8.1 Scope of cover – dental injury
The insurance covers the costs of reasonable and essential dental treatment required as a result of an accident. Coverage also includes dentures damaged in place of natural teeth.
Dental damage coverage comprises one optimal treatment of the damage at the time at which the damage can be remedied. If If has paid the costs of this treatment, the treatment is considered final, and no compensation is paid for further treatment, post-treatment or later replacement, for example, as a result of age-related factors or ordinary tooth wear.
8.3 Special conditions
Unless otherwise agreed in writing, the following conditions apply:
The fact that a damaged tooth is a bridge unit or implant-treated; that neighbouring teeth are missing; or that a tooth is already weakened due to disease, reconstruction or root canal treatment cannot lead to higher compensation than that corresponding to the necessary treatment of a healthy tooth.
If the teeth were in an impaired or weakened condition before the accident, for example, because of fillings, reconstruction, root canal treatment, tooth wear, attachment loss, periodontitis or other diseases, the compensation lapses or is reduced by an amount corresponding to the extent of the impairment relative to well-preserved teeth.
Up to 50% coverage is provided for teeth that have received less-than-optimal root canal treatment.
Coverage of dental treatment that replaces reconstruction with a bridge, e.g. implant treatment, is provided at a maximum amount corresponding to the cost of reconstruction with a bridge.
Compensation for dentures is provided only at the cost of corresponding dentures, and this amount may be reduced, depending on the age and condition of the dentures.
The cost of dental treatment commenced more than five years before the accident is not covered.
Before the age of 18
The treatment of dental injuries occurring before the insured has reached the age of 18 must be completed before the insured turns 22.
After the age of 18
The treatment of dental injuries occurring after the insured has reached the age of 18 must commence once the full outcome can be determined. Treatment must be completed no later than five years after the accident.
A condition of the insurance is that the insured must not be entitled to receive compensation for the costs from elsewhere, e.g. the public health service, the Danish Workers’ Compensation Act (Lov om arbejdsskadesikring), the public children’s dental care service or other sickness or accident insurance. The cost and treatment of dental injury must be approved by If before treatment can commence.
9. What does the insurance not cover?
The insurance does not cover:
Accidents due to illness or disease
Compensation for pre-existing permanent injury. Existing permanent injury cannot therefore cause a higher degree of permanent injury to be set than if no such permanent injury had existed.
Any illness, including diseases occurring as a result of infection by virus (viral infection), bacteria and other micro-organisms or similar pathogens.
Poisoning caused by food, drink, stimulants or medication.
Exacerbation of the outcome of the accident due to the presence of a pre-existing illness/condition or illness/condition randomly occurring further to the accident.
Illness and/or triggering of latent predisposition to illness – even if the illness occurred or was exacerbated by the accident or outcome thereof – whose main cause is illness or predisposition to illness.
Conditions such as hernia, lower back pain, sciatica, slipped disc, stretched muscles and tendons, sprains and strains since these are not considered accidents unless caused by a sudden occurrence.
Outcome of an accident principally caused by the consequences of medical or chiropractic treatment that was not necessitated by the accident covered by the insurance.
9.2 Situations caused by the insured
The insurance does not provide coverage when the insured is injured:
By a wilful action (intentionally)
During attempted suicide.
Through an act of gross negligence.
During self-induced intoxication in cases when the injury can be ascribed to the intoxication.
While under the influence of drugs or other euphoriants when the injury can be ascribed to the euphoriant substance.
While participating in warfare or warlike situations
While participating in an uprising or civil unrest
While participating in a fight/brawl or unlawful acts
This applies regardless of the insured’s mental state or soundness of mind at the time of the offence.
9.3 Other circumstances
The insurance does not provide coverage when the insured is injured:
If the insured fails to comply with or meet the conditions of the car rental agreement with Sixt Biludlejning.
During an accident directly or indirectly due to conflicts such as war, terrorism, uprisings or civil unrest
However, the insurance provides coverage, regardless of the unrest mentioned, if the insured is travelling and in transit in country outside Denmark, and the injury occurs within one month of the outbreak of conflict. It is a condition of the insurance that the conflict broke out after the insured’s entry into the country and that the insured plays no part in the activities.
During an earthquake in Denmark.
Because of the release of atomic energy or radio-active forces in any circumstances, or radiation from radio-active fuel or waste.
9.4 The right to compensation may lapse
The right to compensation may lapse if the following conditions have not been complied with:
If must be notified of fatal injuries within 48 hours
Injured persons must receive necessary treatment from a doctor and/or dentist and follow their instructions
9.5 Termination and limitations of the insurance
The insurance coverage follows the car rental agreement regarding optional insurance purchased.
Accident coverage ceases entirely when the insured reaches the age of 80. Dental injury coverage ceases when the insured person reaches the age of 70. In the following cases, the insurance provides coverage amounting to half of the relevant sum insured:
If the insured had a degree of permanent injury of 65% or more before the accident.
If the insured had reached the age of 70 at the time of injury.
The above reductions occasion no changes in premium. Insurance terms regarding luggage damage due to traffic accident
10. Coverage, damaged luggage
The insurance covers accompanying luggage in the event of a traffic accident involving the hired vehicle. The sum insured is DKK 20,000 per claim, applicable for all insured persons.
10.1 Which causes of damage are covered?
The insurance covers damage to luggage occurring in connection with a traffic accident involving the rented vehicle. Compensation is conditional on the provision of documentation of the traffic accident in the form of a police report or similar report.
10.2 Which items are covered?
The insurance covers ordinary accompanying goods in the vehicle by a total sum insured of up to DKK 20,000 per claim, applicable for all the persons insured.
The insurance provides coverage of up to DKK 10,000 per individual item for all forms of electronic equipment, including but not limited to tablets, mobile phones, PC and photographic equipment, antiques, art works, musical instruments, items of fur and leather clothing and similar special items.
10.3 Which items are not covered?
The insurance does not cover the following special valuables:
Precious metals, gems, jewellery, watches, coin collections, cash and other cash representatives, and similar special valuables.
11. What to do in the event of an accident?
11.1 Notification of claim
Written notification must be sent to If at email@example.com. A notification of claim form can also be downloaded from: www.if.dk/erhverv. Telephone: + 45 36 87 45 15. Open weekdays from 8.30 am to 4.00 pm.
11.2 The insured’s obligations in the event of an accident
The insured has the following obligations:
The accident must be reported as swiftly as possible to If. If an accident is reported too late relative to the current limitation period rules, the right to compensation may lapse.
Accidents with a fatal outcome must be reported to If within 48 hours.
Injured persons must receive necessary treatment from a doctor and/or dentist and follow their instructions.
As soon as the doctor’s treatment has been concluded, or the permanent outcome of the accident can be determined, the insured must contact If.
The cost and treatment of dental injury must be approved by If before treatment can commence.
In the event of a claim for damaged luggage, If must be notified of the claim immediately.
11.3 Settlement of claim
Compensation is calculated on the basis of the size of the sum insured when the accident occurred and according to the rules stated under the individual forms of coverage. In connection with the calculation of the extent of the claim, If is entitled to:
Collect information from any doctor, dentist or similar health professional who is treating or has treated the insured
Have a doctor or dentist examine the insured
Demand an autopsy in the event of death
Demand original receipts, etc.
Demand a copy of the police report, if available.
If pays any expenses related to the doctor’s and dental certificates demanded.