Total Motor Assist is not a car insurance or breakdown policy but, rather, a membership scheme ('the Service') that provides member 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
'You, Your' means the member who joined the Service.
‘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 3 below that is legally insured and, where legally required, has a current and valid Ministry of Transport Certificate ('MOT').
'Person' means any person entitled to use the benefits included in the Service as defined in Part 4 below.
‘Non-fault Accident' means a road accident that occurs anywhere within the UK that is not the fault of the Person but is 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.
‘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 the Person on as geographically local a basis as possible according to where the Person resides.
‘Involved Organisations' means any or all of the following parties*, collectively or separately:
the Recovery Agent;
the Replacement Vehicle Provider;
the Treatment Provider
* Any of these parties may, in order to provide their services, enter into their own agreement with the Person, the terms and conditions of which are outside the scope of this document.
‘Like-for-like Replacement' means a motor vehicle provided by Our Replacement Vehicle Provider to the Person that is in the same credit hire category* as their own Vehicle. For the purposes of example, if the Person's own Vehicle is a BMW 7-Series, the Like-for-like Replacement will be another luxury saloon, which could be another BMW 7-Series or a Mercedes S-Class or an Audi A8 and so on. Our Replacement Vehicle Provider will wherever possible seek to put the Person in the position of being able to drive the same type and specification of car as their own Vehicle while Our Repairer completes the repairs to the Person's own Vehicle.
* If the Vehicle is more than ten years old, the Like-for-like Replacement provided to the Person will be drawn from a credit hire category that is one less than the category of the Vehicle.
‘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.
3. Vehicles included within the Service
All Your Immediate Family's cars of any age, type and value.
Where any such Vehicle is found not to be legally insured, and/or (where legally required) not to be in possession of a current and valid MOT, the Service will not be available to the Person.
4. Persons entitled to use the Service
You and Your Immediate Family.
Anyone in the Vehicle with You and/or with any member of Your Immediate Family at the time of the accident whether they are related to You or not and whether this person was driving or was a passenger.
The Person must be in possession of a valid driving license suitable for the Vehicle.
5. Vehicle recovery
In the event of a Person being involved in a Non-fault Accident that renders their Vehicle unsafe and/or unlawful to drive, We will refer the matter to Our Recovery Agent who will seek to recover the Vehicle as quickly as possible.
Where the situation as to fault is not clear and We understand the Person to be in a vulnerable position due to the Vehicle being unlawful and/or unsafe to drive, We reserve the right to make a discretionary decision to offer assistance.
Where the accident is entirely the fault of the Person We will pass the matter to Our Recovery Agent who will seek to recover the Vehicle provided there is a party from whom the Recovery Agent can recover their costs - for example the Person's own motor insurer. If there is no such party this aspect of the Service will be available at the request of the Person where Our Recovery Agent's costs will be payable by the Person.
6. Vehicle repair
In the event of a Person being involved in a Non-fault Accident that has resulted in Qualifying Damage to their Vehicle, and where Our Replacement Vehicle Providers have provided a Like-for-like Replacement, that Person will be entitled to have their Vehicle repaired by Our Repairer on a credit repair basis.
Should the Person or their 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 the Person.
7. Like-for-like replacement vehicle
In the event of a Person being involved in a Non-fault Accident that has resulted in Qualifying Damage to their Vehicle, We will pass the matter to Our Replacement Vehicle provider. They will seek to provide the Person with a Like-for-like Replacement to drive whilst the Person's own Vehicle is being repaired by Our Repairer.
If the Person has reasonable access to another vehicle that is safe and lawful for them 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 the Person.
If the Person's own Vehicle is at any point deemed by the third party insurer and/or the Person's own motor insurer to be a write-off, thereby negating the requirement for Our Repairer to repair the Person's 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 the Person.
8. 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 the Person's uninsured losses and seek to recover these. Depending on the terms of the Person's motor insurance policy, uninsured loss recovery might, inter alia, include:
cost of repairs to Your own Vehicle
replacement vehicle hire charges
out of pocket expenses
9. Legal support in the event of personal injury
In the event of a Non-fault Accident that has resulted in an injury or injuries to the Person, where such is considered likely to exceed the small claims threshold (currently £1,000 in damages), and where the Person chooses 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 the Person and the solicitor will be governed by the solicitor's Conditional Fee Agreement, the terms and conditions of which are outside the scope of this document.
10. Private rehabilitation treatment
Where the Person chooses to pursue a claim for personal injury as per the provisions of Part 9 herein, the solicitor may appoint an independent medical expert to assess the Person's injuries and the most suitable treatment to facilitate the Person's recovery. Based on said expert's report, and following an admission of liability by the third party's insurer, the solicitor will refer the Person 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. Claim handling and reporting
Where the Vehicle is 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 the Person regularly informed on progress.
12. Contacting Your own motor insurer about an accident
Under UK law You are not required to inform Your insurer about the accident immediately, but within a reasonable time.
Therefore, after You have communicated with Us about your accident You should inform Your insurer of the fact that You have had an accident - but make it very clear to them that this is for their information only and that You do not wish them to make 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.
13. 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, inter alia: answering/returning telephone calls, emails, letters and other forms of communication; being truthful about the accident circumstances and other details; and being truthful about your access or lack of access to a suitable alternative vehicle to drive while Your own Vehicle is being repaired.
14. Third party insurers
Occasionally a third party insurer may attempt to disrupt the claim process, including, not exhaustively, disputing liability, contacting the Person directly with an offer to handle their claim, and other tactics. This can result in delays of 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 the Person objectively and truthfully with the Person's 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.
15. 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 any Person for recovery of legal costs and other monies paid out by Us if We find that a Person has deliberately mislead Us 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 the Person.