Originally posted on MA website:
Although sanctioned motorsport is conducted under a set of rules and under the supervision of quality officials to mitigate risk, occasionally accidents do occur.
Access to affordable and responsive insurance has been a major issue for Motorcycling Australia (MA) and many other sporting organisations.
MA recognises that without the MA Insurance Limited (MAIL) insurance arrangements, many affiliated clubs, participants, promoters and other key stakeholders would find it difficult to obtain sound and reliable insurance cover.
To ensure the sport has a viable future, MA Insurance Limited (MAIL) commenced business on 31 December, 2002. It covers Personal Accident Insurance for competitors, officials, volunteers and others, and also the first $2 million of risk in a $50 million Public Liability program. Both these policies have been granted an exemption under Government legislation to provide cover as they are designed to do.
These policies are triggered only when a permit is issued by MA or a Relevant Controlling Body (RCB), for a track related activity/event at a track which has a valid track licence. They also apply to other permitted / sanctioned recreational activities around the country.
The insurance policies have further application for activities such as working bees, administration meetings and the like, including risks associated with property ownership and occupation, provided these activities are within the scope of MA and its rules.
These policies are managed and administered by Aon Risk Services, the insurance broker and risk adviser to the sport.
In addition to these covers, MA has developed a third policy - this is for Australian competitors who travel to compete overseas. The policy is underwritten by MA Insurance Limited (MAIL) and is also managed by Aon. It offers a simple process to apply to effect this insurance coverage that meets the required standards set by the FIM, for any rider with overseas competition ambitions.
The policy is further modified to provide enhanced cover to reflect the significant distance between Australia and competition venues and locations throughout the world.
AFFILIATION
Coinciding with becoming incorporated, a club can apply for affiliation to a SCB (State Controlling Body). The benefits of being affiliated are both tangible and intangible and include:
Public liability insurance cover (which is a requirement of incorporation)
Directors & Officers Liability insurance cover
The right to representation at SCB general meetings.
The facility for the club to conduct activities within the scope of Motorcycling Australia and its rules
The facility for club members to hold a Motorcycling Australia competition licence
Being part of a nation-wide organisation with many thousands of members
Clubs can contact the State Controlling Body in their state for further information. For any insurance related matters, please contact Aon Risk Services. Contact details are provided in this document.
SANCTIONS AND PERMITTED EVENTS
MA and the SCBs issue sanctions that approve and, in effect, licence motorcycle activities and events. A permit is issued by the Relevant Controlling Body to affiliated clubs and event organisers. The authority granting the Permit for any competition shall require the promoters of that competition to be:
1. An affiliated event organiser / club or promoter
2. Be insured for Public Liability claims for injury and/or damages to third parties arising out of negligence / breach of a duty of care on the part of an insured entity or person.
Non sanctioned or non-permitted activities and events involving motorcycle riding in particular are excluded from MA’s Public Liability, Personal Accident and Directors & Officers Liability policies.
Although non-affiliated event promoters may accept MA Licences as part of their entry procedure, this does NOT mean that these competitors will be covered by MA’s insurance policies.
Individuals should examine the scope of the insurance offered by event organisers, to ensure it is covered by MA’s insurance. An easy way to identify this is through reading the Supplementary Regulations to confirm that the event is an MA or SCB permitted event.
If in doubt call MA or Aon.
What insurance is covered by MA?
NATIONAL PERSONAL ACCIDENT PROGRAM
This policy has been designed to provide a level of accident insurance cover for those who participate in motorcycle sport throughout Australia, whilst such activity is conducted under the auspices of Motorcycling Australia. Individuals should be encouraged to examine the scope of cover and supplement it with their own insurance policies to suit their particular needs. The MAIL Personal Accident policy is available for review on the MA website, and a summary of the cover is provided in the Manual of Motorcycle Sport.
An Insurance Manual with a summary of the policies in place and other insurance related information is provided on the MA website.
ADDITION OF ACCOMMODATION EXPENSES FOR FAMILIES OF INJURED RIDERS
As of 9 November 2015, MAIL is pleased to announce that a new benefit has been added to the Personal Accident Cover for Australian riders competing locally. The policy includes up to $125 per night accommodation expenses for family members of seriously injured riders.
The new benefit applies when a family member of a rider is required to attend a hospital more than 250km from home whilst the injured rider is receiving treatment.
Accommodation costs can now be claimed where:
the injured rider is hospitalised at least 250 kilometres away from their permanent place of residence; and
medical opinion states that the injured rider is not able to be moved to a hospital closer to their permanent place of residence; and
prior approval is first obtained from MAIL or Proclaim before incurring the accommodation cost; and
This cover came into effect on 9 November 2015 and therefore cover only applies to hospital admissions after this date.
The benefit will be $125 per night but is subject to a cap of $10,000 per claim.
Please contact Proclaim on (02) 9287 1302 or AHClaims@proclaim.com.au if you have any questions about this new offering to members.
PUBLIC LIABILITY INSURANCE
Public Liability Insurance protects MA and various other Insured entities from claims by third parties for bodily injury and/or damage to property arising out of the negligence (a breach of a duty of care) on the part of MA and/or the other insured entity(s). For a summary of the cover, refer to the Liability policy on the MA website, or a summary in the Manual of Motorcycle Sport.
Information is also provided in the Insurance Manual on the MA website.
ASSOCIATIONS LIABILITY INSURANCE
Association Liability covers directors, officers and bearers, licensed coaches, officials and all related tribunals of your MA affiliated club against legal obligation for actions, arising from their duties. It also protects your club against alleged wrongful acts, including monies being fraudulently obtained or funds misappropriated.
It further protects the club should it be entitled by law to reimburse the management for expenses incurred in defending these claims, and also includes liability for claims arising out or errors or omissions relating the provision of professional services.
** IMPORTANT NOTE – For any questions in relation to insurance coverage terms, conditions, exclusions etc. contact Aon Risk Services in Melbourne. Contact details are listed below.
REPORTING AN INCIDENT
An important component of MA’s insurance cover is the prompt reporting of claims, losses and incidents.
Incidents may include injuries to participants, spectators, volunteers and others, damage to property of a third party etc. Immediate reporting of incidents will help with not only providing early and informed advice on coverage, but also assisting with a strong and assertive legal defence for your club or organisation, should a lawsuit be filed.
A liability claim is generally an actual written demand for damages by a third party or a written notice of a pending action. You should report all claims and incidents by completing the appropriate documentation and forwarding it to the SCB as soon as possible.
Injuries to participants and spectators and others should be reported using the following documentation:
Injury Report
Incident Report
A serious accident or incident is one in which:
a participant is killed or is seriously injured as the result of a sport-related incident; or
a member of the public or other non-participant is injured or killed; or
a safety barrier is breached, even though no one may have been injured.
Serious accident/incident reports must be referred to the RCB as soon as possible after the incident and in any case within 24 hours. It is vitally important to quickly report and record the facts of a serious accident/incident to satisfy the requirements of the local authorities and MA’s insurers.
Serious Injury Report
QUESTIONS AND ANSWERS
Individual Officials / Members / Volunteers
Q. What insurance policies are available to me?
A. The policies available to Motorcycling Australia’s are the Public Liability, Group Personal Accident and Directors & Officers Liability.
Q. When are we insured?
A. Insurance cover is provided when;
- the activity is authorised by the Relevant Controlling Body (RCB) and should be confirmed in writing.(ie with a permit).
- the participants need to be an insured party, i.e. licence holder or member. All participants must have a licence of some sort before participating unless an exemption is granted for activities such as Come and Try It Days.
- all participants including Marshals and Officials are to sign the approved indemnity forms before they participate.
- all venues where racing or motorcycle activities are conducted are to be licensed/approved.
- when the activities fall within the scope of the policy details of which are outlined in the Insurance Manual.
Q. What benefits am I covered for if I am injured?
A. Details of benefits available under the Personal Accident policy are provided in this manual and also in the Manual of Motorcycle Sport. The policy mainly covers lump sum benefits in cases where you have suffered a permanent injury. This condition needs to be verified by a doctor / specialist.
The policy also covers non Medicare medical benefits, Student Tutorial Costs, Parent’s Inconvenience Allowance and Emergency Home Help. Details of these can be provided on request.
There is no cover for loss of income for competitors
Q. If I am injured whilst practicing / competing, am I covered for loss of income?
A. No. The policy does not cover loss of income for competitors however there is weekly benefits cover for officials and marshals who are income earners.
Note: You must consider your personal situation in relation to loss of income and consider income protection insurance. If you consider this insurance is necessary you should speak to your broker. At this time MA Insurance Ltd does not provide this cover.
Q. Am I covered at other times for non-track related activities organised by the club?
A. Yes, for activities such as working bees, fundraiser BBQ’s, administration meetings etc. In some cases a permit will need to be in place for the particular activity. In all cases the activity must be conducted with the knowledge and approval of the Club and the activity must be conducted within the scope of MA and its rules
Q. What do I do if I am injured and need to make a claim?
A. Download the claim form from the MA website here, or contact Proclaim via the details at the end of this document to obtain a copy.
Alternatively it is available via this link: MA Claim Form
Send the completed claim form to Proclaim and they will manage the claim based on its merits
Q. How are volunteers and officials covered?
A. Yes, volunteers and officials are covered subject to the policy terms and conditions.
Q. Is there a time limit as to when I can make a Personal Accident claim?
A. Yes. There is a time limit of twelve months following an accident / injury during which you must lodge a claim.
Q. Am I covered for personal accidental insurance with my MA Licence under all events and activities?
A. You are covered for Personal Accident insurance when you are licensed and competing in a permitted event.
Q. I already have my own insurance. Why should I have MA insurance also?
A. You are not buying insurance from MA. You are obtaining an MA sanction and one of those benefits of that sanction is liability insurance. In addition to insurance, there are other benefits of MA sanctioned events and activities. Furthermore, many events that have their own insurance may not have satisfactory limits or coverage. If you are unsure you should speak to your broker.
Q. Am I covered for private practice?
A. Only if there is a permit in place for the practice session.
Q. How are Coaches covered?
A. The definition of insured includes members coaches whether they are paid of volunteers.
Q. What if I have an issue concerning insurance coverage or if I have any questions / queries?
A. Always contact Aon in the first instance unless it’s a claims matter that you are dealing direct with Proclaim
Clubs & Governing Bodies
Q. Can a third party be covered by this insurance?
A. Insurance coverage is only applicable for the parties listed in the definition of insured as listed in the Insurance Manual provided by Aon.
Q. Should I provide a vendor / contractor (such as a food provider) with a certificate of insurance naming the vendor or contractor as an Additional Insured?
A. Vendors and contractors should carry their own insurance to cover their negligent acts and omissions. Event organisers/promoters should not be liable for the actions of those hired to provide goods and services at events. These contracted parties should be required to provide a certificate of insurance as evidence of their own General Liability coverage with the certificate naming MA and the club/event organizer/promoter as Additional Insured’s.
Q. What happens to equipment and property that I rent for the event?
A. There is no cover for rented equipment under the Motorcycling Australia policies unless it is kept at the specific locations insured by Motorcycling Australia and the state bodies.
Please enquire with Aon if you have any significant items that require insurance.
Q. Are volunteers and members covered for participating in working bees?
A. Yes, the Liability and Personal Accident policies cover activities such as working bees, fundraiser BBQ’s, administration meetings etc. In some cases a permit will need to be in place for the particular activity. In all cases the activity must be conducted with the knowledge and approval of the club and be conducted within the scope of MA and its rules
Q. Does coverage include lawsuits brought by a participant who sues another participant?
A. Whilst there is no direct cover for cases where a participant sues another participant, the Liability policy does provide cover for Legal Defence costs.
Q. Does coverage include lawsuits brought by a participant who sues a club?
A. Yes, the club is covered for claims brought against them for their negligence
KEY CONTACTS
Insurance queries (Aon)
Brendan Wright
p: 03 9211 3604
e: brendan.wright@aon.com
Michelle Rhook
p: 03 9211 3371
e: michelle.rhook1@aon.com
Submitting a claim (Proclaim)
p: 02 9287 1302 (quote Motorcycling Australia)
f: 1900 858 329
e: AHClaims@proclaim.com.au
a: Locked Bag 32012, Collins St East, VIC 8003
We recommend you read and understand the cover provided and contact Brendan Wright (Aon) directly on (03) 9211-3604 or brendan.wright@aon.com if you have any questions.