Total Motor Assist terms and conditions

Total Motor Assist Terms and Conditions

1. Introduction

Total Motor Assist is not an insurance policy or a breakdown policy but, rather, a membership scheme ('the Scheme') that provides benefits and services designed to ease the burden of the logistics and legal concerns which arise from accident-related vehicular damage and/or personal injury.

2. Definition of words used

'Scheme Member' means the person who joined the Scheme.

'You, Your' means:
    (a) the person who joined the Scheme (the 'Scheme Member'); or
    (b) any member of the Scheme Member's Immediate Family.
We, Us, Our, Ourselves' means Assist Protect Ltd.

'Immediate family' means Your spouse/partner and all Your children of any age who reside with You in the same household.

'Vehicle' means any vehicle as defined in Part 4 below.

'Third Party' means another person involved in the accident that is not You and is not in Your Vehicle. This typically means the other driver, cyclist or pedestrian involved in the accident.

'Third Party Insurer' means the insurance provider with whom a Third Party has a current insurance policy.

Non-fault Accident' means a road accident that occurs anywhere within the UK road network that is not the fault of You but is the fault of an identifiable and insured Third Party.

Fault Accident' means a road accident that occurs anywhere within the UK road network that is wholly the fault of You.

Split Liability Accident' means a road accident that occurs anywhere within the UK that is partly the fault of You and also partly the fault of an identifiable and insured Third Party.

Recovery Agent' means an appropriately accredited organisation of Our choice that specialises in the recovery of motor vehicles.

Recovery Costs' means the costs incurred as a result of the physical recovery (for example by the use of a 'low-loader' vehicle) of Your own vehicle from the scene of the accident or elsewhere (as necessitated by the particular circumstances of the matter), storage of Your own vehicle following said recovery, and other reasonably incurred associated costs as may apply.

Recovery Reimbursement Party' means a party or parties from whom the Recovery Costs will be reimbursed.

Repairer' means an appropriately accredited organisation of Our choice that specialises in the repair of motor vehicles.

Replacement Vehicle Provider' means an appropriately accredited organisation of Our choice that specialises in the provision of motor vehicles on a credit hire basis.

Treatment Provider' means an appropriately accredited organisation of Our choice that specialises in the provision of physiotherapy and rehabilitation treatment (be that physical and/or psychological) on a private basis where said treatment is provided to You on as geographically local a basis as possible according to where You resides.

Involved Organisations' means any or all of the following parties, collectively or separately:
  • Us;
  • the Recovery Agent;
  • the Repairer;
  • the Replacement Vehicle Provider;
  • the Treatment Provider
Any of these parties may, in order to provide their services, enter into their own agreement with You, the terms and conditions of which are outside the scope of this document.

Like-for-like Replacement' is defined in Part 5 below.

Qualifying Damage' means damage that is not:
    (a) Insignificant or minor, in that it can be repaired in a very short timeframe (for example an hour or so); or

    (b) Classifiable by the Third Party Insurer as uneconomical to repair in that the cost of the repairs would be of such a proportion of the value of the Vehicle that the Vehicle would be written off.
the Service' means the provision to You by any or all of Involved Organisations of any or all of the services included in the Scheme including, not exhaustively:
  • Vehicle Recovery as described in Part 7 below;
  • Vehicle Repair as described in Part 8 below;
  • Like-for-like Replacement as described in Part 6 below;
  • Legal support as described in Part 10 below;
  • Private rehabilitation treatment as described in Part 11 below;
Totally Unidentified Third Party' means where the Third Party vehicle and individual is unidentifiable.

Identified Uninsured Third Party' means where the Third Party is identified but has no valid policy of motor insurance.

3. Your driving licence and motor insurance requirements

Where You were driving the Vehicle at the time of the accident You must be able to prove that You were at that time in possession of:
    (a) a valid and current driving licence; and
    (b) a valid and current policy of motor insurance suitable for the Vehicle.
If You were not in possession of either or both of these the Service will not be available to You.

4. Your Vehicle

All Your Immediate Family's cars of any age, type and value are included in the Scheme. Any such car must
    (a) be legally insured; and
    (b) have a current and valid MOT (where legally required); and
    (c) have current and valid Road Tax (where legally required)
If any of the requirements (a), (b) and (c) above are not met the Service will not be available to You in respect of that Vehicle.

5. Definition of Like-for-like Replacement

Like-for-like Replacement' means a motor vehicle provided by Our Replacement Vehicle Provider to You that is
    (a) in the same credit hire category as Your own Vehicle; or else
    (b) as close as possible to being of the same type and specification of car as Your own Vehicle.
Our Replacement Vehicle Provider will use their best endeavours according to the individual circumstances of the matter in hand to provide the most suitable Like-for-like Replacement and will liaise with You in doing so. However, it should be noted that
    (a) certain vehicles may be very difficult or impossible to replace due to their rarity or specific nature - for example classic cars, hybrid/electric vehicles, specialised-use vehicles, and so on.

    (b) Our Replacement Vehicle Provider operates within a large framework of guidelines and rules set by the insurance industry and may therefore be constrained in terms of the Like-for-like Replacement that they can provide - for example if the person's own Vehicle is more than six years old, the Like-for-like Replacement provided to You must be drawn from a credit hire category below the category of the Vehicle.
The overarching aim of this service is to provide You with a car that is significantly better than a courtesy that Your own insurer may (or may not) provide.

6. The provision of a Like-for-like Replacement Vehicle

In the event of You being involved in a Non-fault Accident that has resulted in Qualifying Damage to Your Vehicle, We will pass the matter to Our Replacement Vehicle provider. They will seek to provide You with a Like-for-like Replacement to drive whilst Your own Vehicle is being repaired by Our Repairer.

If You have reasonable access to another vehicle that is safe and lawful for You to drive, thereby rendering it likely that the Third Party Insurer will refuse to pay the costs of providing a Like-for-like Replacement, this aspect of the Service may, at Our Replacement Vehicle Provider's discretion, not be available to You.

If Your own Vehicle is at any point deemed by the Third Party Insurer and/or Your own motor insurer to be a write-off, thereby negating the requirement for Our Repairer to repair Your own Vehicle and rendering it likely that the Third Party Insurer will refuse to pay the costs of providing a Like-for-like Replacement, this aspect of the Service may no longer be available to You.

7. Vehicle recovery

In the event of You being involved in a Fault Accident or Non-fault Accident that renders Your Vehicle unsafe and/or unlawful to drive, We will refer the matter to Our Recovery Agent who will seek to recover the Vehicle and its occupants ('Vehicle Recovery') on the following basis:
  • the Vehicle will be transported to a secure vehicle storage facility near to the location where the accident occurred; and
  • the occupants of the Vehicle will be taken to a nearby location (for example a train station) from where they can arrange onward travel.
Provided there is a Recovery Reimbursement Party, Vehicle Recovery will be offered to You and, when accepted, provided to You regardless of who is at fault for the accident. The Recovery Reimbursement Party is identifiable according to the following Scenarios:
    (a) The Third Party Insurer if it is a Non-fault Accident.

    (b) Your own insurer if it is a Fault Accident.

    (c) The Third Party Insurer and Your own insurer, jointly and proportionally, if it is a Split Liability Accident.

    (d) Where it is a Fault Accident and You are not insured, Vehicle Recovery will still be available at Your request of You and in this scenario the Recovery Reimbursement Party will be You - i.e. You will pay the Recovery Costs.

    (e) Where, following a Fault Accident, Vehicle Recovery has been provided on the basis that the Recovery Reimbursement Party is Your own insurer but it transpires, at any subsequent time, that Your own motor insurance is not valid for any reason (for example because said insurance had lapsed at the time Vehicle Recovery was provided), then You will become the Recovery Reimbursement Party - i.e. You will be liable to pay the Recovery Costs.
Where a suitable Recovery Reimbursement Party cannot be identified (for example because no insurance providers have been identified) prior to the provision of Vehicle Recovery, We will still offer Vehicle Recovery to You on the basis that a subsequent determination will need to be made as to a suitable Recovery Reimbursement Party (which may be Yourself) where Scenarios (d) or (e) above apply.

8. Vehicle repair

In the event of You being involved in a Non-fault Accident that has resulted in Qualifying Damage to Your Vehicle, and where Our Replacement Vehicle Providers have provided a Like-for-like Replacement, You will be entitled to have Your Vehicle repaired by Our Repairer on a credit repair basis.

Should You or Your insurance company not wish to use Our Repairer to complete the repairs to the Vehicle, this aspect of the Service will not be available to You and You will have to make a claim on Your own motor insurance in order to have the repairs to Your Vehicle completed.

9. Legal support in the event of personal injury

In the event of a Non-fault Accident that has resulted in physical injury to You, where such is considered likely to exceed £5,000 in damages, and where You choose to pursue a claim for personal injury, We will pass the matter to a legal services provider of Our choice who will allocate a suitable solicitor.

The relationship between You and the solicitor will be governed by the solicitor's Conditional Fee Agreement, the terms and conditions of which are outside the scope of these Terms and Conditions.

10. Private rehabilitation treatment

Where You choose to pursue a claim for personal injury as per the provisions of Part 9 above, the solicitor may appoint an independent medical expert to assess Your injuries and the most suitable treatment to facilitate Your recovery. Based on said expert's report, and following an admission of liability by the Third Party Insurer, the solicitor will refer You to our Treatment Provider for the recommended course of physiotherapy and/or other rehabilitation treatment, the cost of which will be recovered from said Third Party Insurer.

11. Uninsured loss recovery (where there is no personal injury claim)

In the event of a Non-fault Accident, Our Replacement Vehicle Provider and/or Repairer will assess the prospect of recovering Your uninsured losses and seek to recover these. Depending on the terms of Your motor insurance policy, uninsured loss recovery might include (not exhaustively):
  • Your motor insurance policy excess where it is a Non-fault Accident
  • cost of repairs to Your own Vehicle
  • replacement vehicle hire charges
  • out of pocket expenses

12. Claim handling and reporting

In order to provide You with the most convenient and complete service possible, when you report an accident to Us We will give you a choice as to how the accident is reported to Your own motor insurer:
    (a) We can report the accident to Your own motor insurer for You; or, if your prefer:
    (b) You can report the accident to your own motor insurer Yourself
Where the Vehicle is in the process of being repaired by Our Repairer and/or a Like-for-like Replacement has been provided by our Replacement Vehicle Provider, the Involved Organisations will:
  • handle communication with the Third Party Insurer
  • manage the repairs and replacement of the Vehicle
  • keep You regularly informed on progress.

13. The importance of Your cooperation

It is essential that You cooperate with the Involved Organisations at all times to the best of Your ability, as a failure to do so could result in delays and/or other inefficiencies in the management of Your claim. This includes
  • answering/returning telephone calls, emails, letters and other forms of communication;
  • being truthful about the accident circumstances and other details;
  • being truthful about Your access or lack of access to a suitable alternative vehicle to drive while Your own Vehicle is being repaired.

14. Refusing the Third Party Insurer's offer to take over the claim

A Third Party Insurer, upon notification of the claim being made against the Third Party insured by them, may offer to take over Your claim. You must decline this offer as it is not in Your best interests to accept it, as the Third Party Insurer's first priority is to limit the cost to themselves, which is entirely contrary to what You are seeking by claiming against the Third Party after a Non-fault Accident.

If You accept the offer and allow the Third Party Insurer to take over Your claim, this would constitute an abandonment of the Service.

15. Cancelling or abandoning the Service

You would cancel the Service by informing any of the Involved Organisations that You wish to cancel the Service.

If You do not inform any of the Involved Organisations of Your wish to cancel, You would abandon the Service by:
  • refusing to cooperate;
  • being intentionally deceptive or fraudulent;
  • choosing to proceed via a claim through Your own motor insurance;
  • choosing to proceed via the auspices of the Third Party Insurer;
If You cancel or abandon the Service You may be personally liable to pay the costs incurred by any of the Involved Organisations as a result of the provision of the Service to You (for example Recovery Costs) where such costs cannot otherwise be recouped by the Involved Organisations - for example, where Your own motor insurer declines to pay the costs.

16. Unidentifiable or uninsured third parties

In the event of a Non-Fault Accident involving a Totally Unidentified Third Party (for example a 'hit-and-run') or an Identified Uninsured Third Party, only the Vehicle Repair element of the Service will be available to You on the following basis:
    (a) where You claim on Your own motor insurance; and

    (b) where Your own motor insurance provider agrees that Our Vehicle Repair Provider can complete the repairs to the Vehicle.

17. Contacting Your own motor insurer about an accident

Under UK law You are not required to inform Your motor insurer about the accident immediately, but within a reasonable time. You are therefore entitled to call Us first.

As part of the Service to You, We will then inform Your motor insurer in a timely manner and detail to them what has happened.

However, on rare occasions it may be the case that Your motor insurer will refuse to speak with anyone but You. If that happens We will notify You that it has happened, whereupon You should then contact Your motor insurer to inform them about Your accident. When You do so, make it very clear to them that this is for their information only and that You do not wish them to start a claim on Your own motor insurance policy. This will make sure that Your insurer does not settle with the Third Party Insurer without your knowledge or commence proceedings for a claim on your insurance.

18. Disruption and delay by Third Party Insurers

Occasionally a Third Party Insurer may attempt to disrupt the claim process, including (not exhaustively) disputing liability, contacting You directly with an offer to handle Your claim, and other tactics. This can result in delays to the provision of the Involved Organisations' services.

Such tactics may create the mistaken impression that a delay is the fault of the Involved Organisations when in fact it is not. The Involved Organisations are often obliged to deal with Third Party Insurers directly, and the use of such tactics by Third Party Insurers can operate to make that more difficult and result in additional time being needed to clarify and address these matters.

The Involved Organisations will always seek to advise You objectively and truthfully with Your best interests in mind. So if, for the purposes of example only, a Third Party Insurer does contact You directly, You should call Us and talk things through.

19. Zero-tolerance of fraud and deception

We have a zero-tolerance policy when it comes to fraud. We will not hesitate to press criminal charges and also, if appropriate, make a civil claim against You for recovery of costs if We find that You have deliberately mislead Us or any of the other Involved Organisations and/or falsified information regarding the circumstances of an accident or any other matter pertinent to the provision of Our services and/or have, for the purposes of material gain, in any other material way not acted with the same good faith as We Ourselves act in Our dealings with You.

20. Where a period of free membership has been given to you

Where You have been granted a period of Total Motor Assist membership free of charge, this shall be the only period that is free of charge. Subsequent renewal or other extension of Your Total Motor Assist membership shall be charged for.

21. Your right to cancel Your Membership

You can cancel your Membership at any time within 14 days of joining or renewing your Membership. You can notify us of Your wish to cancel by telephone, email, or via the contact page on our website ('Cancellation Notice'). If You have paid to join or renew, We shall refund your money in full and without charge within no more than 7 calendar days of receiving Your Cancellation Notice. This does not affect Your statutory rights.

Total Motor Assist Terms and Conditions 2nd February 2023