Total Motor Assist terms and conditions
Total Motor Assist Terms and Conditions
Total Motor Assist not an insurance policy or a breakdown cover policy but, rather, a membership scheme ('the Scheme’) 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.
- 'You’ means the member who joined the Scheme.
- 'Immediate family’ means your spouse/partner and all your children of any age who reside with you
- 'Scheme’ means the Total Motor Assist member benefits scheme
- '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 Scheme as defined in Part 4 below.
- All your immediate family’s cars of any age, type and value
- Any car of any age, type and value that you and/or any member(s) of your immediate family are driving and/or passengers in at the time of an accident
- Any other car of any type, age and value belonging to any other person to whom you have provided our helpline and who has called said helpline seeking assistance following an accident.
Where any such Vehicle is found not to be legally insured and/or (where legally required) not be in in possession of a current and valid MOT, the services included in the Scheme will not be available to the Person.
- 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
- any other person to whom you have provided our helpline and who has called said helpline seeking assistance following an accident.
In the event of a Person being involved in a non-fault accident anywhere within the UK where there is an identifiable at-fault third party that renders their Vehicle unsafe and/or unlawful to drive, we 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 recover the Vehicle provided there is a party from whom we can recover our costs, for example the Person's own motor insurer. If there is no such party our vehicle recovery service will be available at the request of the Person where our costs will be payable by the Person.
In the event of a Person being involved in a non-fault accident within the UK where there is an identifiable at-fault third party and where we have provided a like-for-like replacement car pursuant to the provisions of Part 7 herein, that Person will be entitled to have their Vehicle repaired by our Approved Repairers. However, should the Person or their insurance company not wish to use our Approved Repairers for the repairs, this aspect of the service will not be available to the Person.
In the event of a Person being involved in a non-fault accident anywhere within the UK where there is an identifiable at-fault third party that has resulted in damage to their Vehicle such that said Vehicle is unlawful and/or unsafe to drive, we will seek to provide the Person with a replacement car category like-for-like basis to drive whilst the Person’s own Vehicle is being repaired.
If the Person has reasonable access to another car 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 replacement car, this aspect of the service may, at our discretion, not be available to the Person.
If the Person's own Vehicle is deemed by the third party insurer and/or the Person's own motor insurer to be a write-off, thereby negating the requirement for Us 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 replacement car, this aspect of the service may, at our discretion, not be available to the Person.
"Category like-for-like basis" means that we will seek to deliver the Person a car that is in the same category as the Person’s own Vehicle. For the purposes of example, if the Person’s own Vehicle is a BMW 7-Series, then the car we will seek to deliver to the Person will be another luxury executive saloon, which could be another 7-Series or a Mercedes S-Class or an Audi A8 and so on. We will always 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 we complete the repairs to their own Vehicle.
Upon receiving a call on the Member’s Helpline from any Person, we will take relevant details from the Person regarding the accident and liaise with both the third party insurer and their own insurer when required.
On the basis that the accident was not a Person’s fault, and that there is an identifiable insured third party, we will assess the prospect of recovering the Person’s uninsured losses and if we are satisfied as to the reasonable prospects of recovery we will deal with the Person’s claim through to settlement. Depending on the terms of the Person’s motor insurance policy, uninsured loss recovery might include:
- policy excess
- cost of repairs to your own Vehicle
- replacement vehicle hire charges
- out of pocket expenses
- loss of earnings
- personal injury
In the event of a non-fault accident anywhere in the UK where there is an identifiable insured at-fault third party where a Person has suffered a personal injury as a result of the accident where such personal injury is considered likely to exceed £1,000 in damages and where the Person chooses to pursue a claim for personal injury, we will pass the matter to One-Stop-Law Limited who will be able to manage the claim on the Person's behalf. We are appointed agents of One-Stop-Law Limited who are regulated by the Claims Management Regulator in respect of regulated claims management activities under Authorisation Number CRM27266, details of which can be found at www.claimsregulation.gov.uk.
The solicitor/client relationship between the Person and their solicitor is governed by the Conditional Fee Agreement between the Person and their solicitor and other terms and conditions outside the ambit of this document and will be explained to the Person fully, transparently and in plain English by these solicitors to the Person.
In the event of a non-fault accident anywhere in the UK where there is an identifiable insured at-fault third party where a Person has suffered a personal injury as a result of the accident where such personal injury is considered likely to exceed £1,000 in damages and the Person has chosen to pursue a claim for personal injury as per the provisions of Part 10 herein, we will seek to provide the Person with a course of physiotherapy and rehabilitation treatment.
Based upon the Person’s GP's recommendations, backed up by our telephone triage session, the Person will be referred to a physiotherapist and rehabilitation professional who is as local to where the Person lives as possible.
Our straightforward and clear process is designed from start to finish to make the Person’s life simple:
- We will handle communication with the at-fault party’s insurer
- We will take care of all the paperwork and administration for the Person
- We will arrange the repairs and replacement of the Person’s Vehicle
The Person will not have to concern themselves with the usual inconvenience and hassle of the claim process. Everything that needs to be done will be done by people trained to do it while the Person is kept fully and regularly informed on progress.
Occasionally a third party insurer will try certain tactics that are disruptive and can result in delays of the provision of services to the Person. These include, not exhaustively, disputing liability; contacting the Person directly to offer them something alternative; and so on.
Unfortunately, such tactics may create the mistaken impression that a delay is Our fault when in fact it is not. We have to deal with third party insurers directly and navigate the right path 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.
We will always seek to advise the Person at all stages of their claim and give the Person the benefit of Our experience. So if, for the purposes of example only, a third party insurer does contact You, You should call us and talk things through. If We are not as fully informed of the latest developments as We should be because the Person has failed to inform Us, this could impair the provision of services to the Person.
From time to time it will be necessary for us to contact You by email and/or other means in order to keep You informed and updated of any upgrades and/or changes to your Scheme membership, discounts, special offers, renewal notification and so on. By clicking the box on our joining page to confirm that You have read and understand these Terms and Conditions You are giving us Your consent that we may so communicate with You.
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 monies paid out by ourselves and legal costs 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.
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