Total Motorbike Assist terms and conditions
Total Motorbike Assist Terms and Conditions
Total Motorbike 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 motorcycle damage and/or personal injury.
- 'You’ means the member who joined the Scheme and whose name is shown on the Certificate of Membership.
- 'Immediate family’ means your spouse/partner and all your children of any age who reside with you
- 'Scheme’ means the Total Motorbike Assist member benefits scheme
- 'Motorcycle’ means any motorcycle as defined in Part 3 below.
- 'Person’ means any person entitled to use the benefits included in the Scheme as defined in Part 4 below.
- All your immediate family’s Motorcycles of any age, type and value
- Any Motorcycle of any age, type and value that you and/or any member(s) of your immediate family are riding and/or passengers on at the time of an accident
- Any other Motorcycle 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.
- You and your immediate family
- Anyone on the Motorcycle 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 riding 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 a Motorcycle unsafe and/or unlawful to ride, we will recover the Motorcycle from anywhere in the UK.
Where the situation as to fault is not clear and we understand the Person to be in a vulnerable position due to the Motorcycle being unlawful and/or unsafe to ride, 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 Motorcycle 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 Motorcycle 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 Motorcycle pursuant to the provisions of Part 7 herein, that Person will be entitled to have their Motorcycle repaired by our Approved Repairers. The Person will not have to pay the excess on their own motor insurance, and their no claims bonus is also protected in effect as a consequence of the fact that we shall not make a claim on the Person’s motor insurance policy.
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 a Motorcycle that has resulted in it being unsafe and/or unlawful to ride, we will provide a replacement motorcycle whilst the Person's own Motorcycle is being repaired. We will provide a replacement motorcycle on an engine-capacity-like-for-like basis.
'Engine-capacity-like-for-like basis' means that we will deliver the Person a motorcycle with an engine that has the same cubic centimetres (cc) capacity as the Person’s own Motorcycle. For the purposes of example, if the Person's Motorcycle is a Suzuki GSXR, then the Motorcycle we deliver to the Person will be another 1,000cc sports motorcycle. In short, the Person will always be put in the position of being able to ride the same type and specification of motorcycle as their own while we complete the repairs to their own Motorcycle.
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 Motorcycle
- replacement Motorcycle 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 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, the Person will be entitled to our private physiotherapy and rehabilitation treatment service.
Based upon the Person’s GP's recommendations, backed up by our telephone triage session, the Person will be referred to one of our private physiotherapist and rehabilitation professionals. This clinic will always be local to where the Person lives to ensure maximum convenience.
As well as all the valuable services we provide, our straightforward and clear process is designed from start to finish to make the Person’s life simple:
- We’ll handle all the communication with the at-fault party’s insurer
- We’ll take care of all the paperwork and administration for the Person
- We’ll arrange for all the repairs or replacement of the Person’s Motorcycle
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.
From time to time it will be necessary for us to email You in order to keep You informed of any upgrades You're entitled to, discounts, special offers, changes to your policy, renewal notification and so on and 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 communicate with You via email in order to keep You informed of these important matters.
We adopt 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.