Roadside Assistance left me stranded

Calvinosaurus

Hello all.
Apologies in advance for the length, keen not to miss any important information, and could do with some help as to where to go next.

I purchased a used Vauxhall from Evans Halshaw (EH) in 2019 and they sold me the Extended warranty c/w Roadside assistance and recovery for 2 years for ~£450.  I read through the contract terms at the time and, the salesman also assured me that, if i had need they would come and get me if i was stranded, and take me to a garage.
This would kick in May 2020 following the completion of the manufacturers warranty and RAC cover through networkQ for the first year.

Last week i hit a pothole and my tyre and wheel were damaged beyond my ability repair at the side of the road, and I needed recovery to the nearest garage to get a new tyre and (at this this point, i only suspected) a wheel.
I called EH to come and get me, but the recovery agent (TheAA) said they wouldn't come out for tyres. I assured him i didn't expect a replacement tyre, but just wanted recovery to the nearest garage where I would arrange repair/replacement myself, and he refused, saying i would need to sign up to an AA policy of my own, or pay a one-off £120 fee to come out and asses any damage, then extra for recovery.

I called EH back, and the representative told me that he thought that was a mistake on AA part, and the policy should cover me being recovered to a garage. He asked me to hold whilst he spoke directly with the AA to clear it up. 15 minutes later, he's back to tell me that it's an exclusion in the policy and there's nothing they can do, then wished me luck and hung up, leaving me stranded.

I was eventually recovered and taken to a garage by the RAC after signing up for a new policy with them(£), and they came right out for me (kudos).

The wheel rim was bent so far that a new tyre wouldn't hold a seal and i need a new one, so definitely not just a new tyre needed, and definitely stranded.

I'm now left out of pocket and would like to seek a full refund of the warranty & roadside assistance policy for breach of contract or failure to render services agreed or similar terminology?

I've reread the policy and I'm satisfied that there is no mention of not rendering service for my situation, there is even a section that says that if it's simply a tyre that needs repairing and a tyre expert can get me on the road, they will arrange for this to happen, though the repair would be at my cost. They failed to do this, and I'm out of pocket for the RAC membership, and the warranty/guarantee /assistance which they failed to honour, so is meaningless.

As the roadside assistance is packaged with the warranty, am i within my rights to seek full refund on the whole policy and end the contract? This is my preferred outcome.
Would it just be the assistance portion of the policy (not sure of ratio)?
Could they claim I've been covered by the warranty for 3/24 months? 
In which case, 0/24 for roadside (as they failed to honour) and 3/24 for warranty, leaves 45/48ths of policy unused and to be refunded?

Should i speak with EH on the phone first, or go directly with a letter? 
What terminology should be used?
Should i go straight to an ombudsman?

Has anyone had a similar experience?
Any help would be greatly appreciated.

C.

shaun_from_Africa

Personally, I think you are on a loser here.
The roadside assistance and recovery is designed to cover the vehicle if it breaks down due to a failure of something that is covered under their warranty and not for breakdowns resulting from accidents:
https://www.evanshalshaw.com/finance/insurance/breakdown-cover/

Breakdown Cover, also known as Roadside Assistance, is a product that will ensure you're never left stranded if your car or van breaks down.

The cover provided by our  Mechanical and Electrical Guarantee includes roadside recovery, seven days car hire, overnight accommodation and travel expenses if your vehicle breaks down due to a covered fault and you are far away from home. 

MinuteNoodles

You didn't break down, you had a single vehicle accident (hit a pothole) that resulted in a bent wheel. Most breakdown policies, including the AA, won't cover you for accidents.

facade

The exclusion is probably because it was an accident not a breakdown, and should have been covered under your comprehensive insurance.

Having said that, proper AA membership and they will try and get you mobile after an accident, but they charge for accident recovery, so they ought to have at least come out, unless you told them on the 'phone that you had hit a pothole, wrecked the tyre and there was no spare or tyre fixer gloop.

sweetsand

Dear OP
It looks as though the AA may have got the wrong end of the stick as you had broken down. 
I'm assuming your cover with the AA is the top notch one, Home start, onward journey, etc? That normally covers everything.
Thankfully no experice with the AA/RAC   - Hoep it works out for you!

sweetsand

sweetsand said:

Dear OP
It looks as though the AA may have got the wrong end of the stick as you had broken down. 
I'm assuming your cover with the AA is the top notch one, Home start, onward journey, etc? That normally covers everything.
Thankfully no experice with the AA/RAC   - Hoep it works out for you!

Op
Out of interest I am aware MB dont do flat tyres but yours was not but I still felt the AA did flat tyres as our sons SUV had one about 2 yrs ago they came to his home

link from the AA, clearly mentions 'flat tyres' they do come out

https://www.theaa.com/breakdown-cover/breakdown-cover-guide#:~:text=Yes%20%2D%20flat%20tyres%20are%20one,will%20fix%20this%20for%20you.&text=They'll%20then%20drive%20with,can%20get%20a%20new%20tyre.

Let us know how you get on

Calvinosaurus

Thanks for prompt responses!
In reply to some of the feedback so far;

facades said:

The exclusion is probably because it was an accident not a breakdown, and should have been covered under your comprehensive insurance.

Having said that, proper AA membership and they will try and get you mobile after an accident, but they charge for accident recovery, so they ought to have at least come out, unless you told them on the 'phone that you had hit a pothole, wrecked the tyre and there was no spare or tyre fixer gloop.

All i said was that the tyre monitor told me there was 0 pressure. I said i wasn't sure of the cause, perhaps a blowout or pothole but not sure.  I said that as the car only came with "gloop" and the tyre wall is clearly damaged, I need recovery to the the nearest garage.

shaun_from_Africa said:

Personally, I think you are on a loser here.
The roadside assistance and recovery is designed to cover the vehicle if it breaks down due to a failure of something that is covered under their warranty and not for breakdowns resulting from accidents:
Link removed

Breakdown Cover, also known as Roadside Assistance, is a product that will ensure you're never left stranded if your car or van breaks down.

The cover provided by our Mechanical and Electrical Guarantee includes roadside recovery, seven days car hire, overnight accommodation and travel expenses if your vehicle breaks down due to a covered fault and you are far away from home. 

There's a section of the policy headed "Evans Halshaw Guarantee Assistance - Recovery".
This section has a subsection headed "what's not included" and there's nothing in there about an accident.
The "general Conditions" has a point which reads "Evans Halshaw Guarantee Assistance reserves the right to refuse service where, in its reasonable opinion, the eligible vehicle concerned was, immediately before the breakdown or ACCIDENT, dangerouss, overladen or unroadworthy".
Further, in the exclusions "if Evans Halshaw Guarantee Assistance considers that a locksmith, body-glass or tyre specialist is needed, it will endeavour to arrange their help on your behalf. Evans Halshaw Guarantee Assistance, however will not pay for the services and the contract for the repair will be between you and the repairer."
Says to me that they should either arrange someone to come help, or take me to someone who can.
Additionally, i ran through scenarios with the salesman at the time, as i informed him i would need full breakdown and onward travel for work, so if this didn't cover things like punctures etc. then i would get my own cover. He said it would, and also sold me tyre and alloy cover (which to be fair, has about paid for itself) and said that "if you get a puncture, we'll come get you, drop you off at a garage, and you'll get a new tyre or repair, then claim that back through the insurance" or words to that effect.

Happy to take photos of the policy if it helps. It's only 3 pages.

sweetsands said:

Dear OP
It looks as though the AA may have got the wrong end of the stick as you had broken down. 
I'm assuming your cover with the AA is the top notch one, Home start, onward journey, etc? That normally covers everything.
Thankfully no experice with the AA/RAC   - Hoep it works out for you!

My cover is with Evans Halshaw, who subcontract to TheAA. As far as I'm concerned, Evans Halshaw are the ones who let me down.

C.

williamgriffin

sweetsand said:

Dear OP
It looks as though the AA may have got the wrong end of the stick as you had broken down. 
I'm assuming your cover with the AA is the top notch one, Home start, onward journey, etc? That normally covers everything.
Thankfully no experice with the AA/RAC   - Hoep it works out for you!

Driving into a hole is not a mechanical breakdown. 

AdrianC

As I'm reading the EH breakdown cover page linked above, the breakdown cover covers any fault covered by the warranty.
"The cover provided by our Mechanical and Electrical Guarantee includes roadside recovery, seven days car hire, overnight accommodation and travel expenses if your vehicle breaks down due to a covered fault and you are far away from home. "
(My emboldening)

So what's covered by the warranty?
https://www.evanshalshaw.com/-/media/evanshalshaw/finance/pdf/evans-halshaw-mechanical-electrical-guarantee-what-is-covered.ashx

Wheels and tyres are not covered by the warranty. Ergo, wheels and tyres would not be covered by the breakdown cover.

Yes, the full text of the T & C doc would be the clincher either way.

sweetsand

Calvinosaurus said:

Thanks for prompt responses!
In reply to some of the feedback so far;

facades said:

The exclusion is probably because it was an accident not a breakdown, and should have been covered under your comprehensive insurance.

Having said that, proper AA membership and they will try and get you mobile after an accident, but they charge for accident recovery, so they ought to have at least come out, unless you told them on the 'phone that you had hit a pothole, wrecked the tyre and there was no spare or tyre fixer gloop.

All i said was that the tyre monitor told me there was 0 pressure. I said i wasn't sure of the cause, perhaps a blowout or pothole but not sure.  I said that as the car only came with "gloop" and the tyre wall is clearly damaged, I need recovery to the the nearest garage.

shaun_from_Africa said:

Personally, I think you are on a loser here.
The roadside assistance and recovery is designed to cover the vehicle if it breaks down due to a failure of something that is covered under their warranty and not for breakdowns resulting from accidents:
Link removed

Breakdown Cover, also known as Roadside Assistance, is a product that will ensure you're never left stranded if your car or van breaks down.

The cover provided by our Mechanical and Electrical Guarantee includes roadside recovery, seven days car hire, overnight accommodation and travel expenses if your vehicle breaks down due to a covered fault and you are far away from home. 

There's a section of the policy headed "Evans Halshaw Guarantee Assistance - Recovery".
This section has a subsection headed "what's not included" and there's nothing in there about an accident.
The "general Conditions" has a point which reads "Evans Halshaw Guarantee Assistance reserves the right to refuse service where, in its reasonable opinion, the eligible vehicle concerned was, immediately before the breakdown or ACCIDENT, dangerouss, overladen or unroadworthy".
Further, in the exclusions "if Evans Halshaw Guarantee Assistance considers that a locksmith, body-glass or tyre specialist is needed, it will endeavour to arrange their help on your behalf. Evans Halshaw Guarantee Assistance, however will not pay for the services and the contract for the repair will be between you and the repairer."
Says to me that they should either arrange someone to come help, or take me to someone who can.
Additionally, i ran through scenarios with the salesman at the time, as i informed him i would need full breakdown and onward travel for work, so if this didn't cover things like punctures etc. then i would get my own cover. He said it would, and also sold me tyre and alloy cover (which to be fair, has about paid for itself) and said that "if you get a puncture, we'll come get you, drop you off at a garage, and you'll get a new tyre or repair, then claim that back through the insurance" or words to that effect.

Happy to take photos of the policy if it helps. It's only 3 pages.

sweetsands said:

Dear OP
It looks as though the AA may have got the wrong end of the stick as you had broken down. 
I'm assuming your cover with the AA is the top notch one, Home start, onward journey, etc? That normally covers everything.
Thankfully no experice with the AA/RAC   - Hoep it works out for you!

My cover is with Evans Halshaw, who subcontract to TheAA. As far as I'm concerned, Evans Halshaw are the ones who let me down.

C.

Fair enough, your car, your situation and I hope it is easily resolved and no more of your time is wasted.

Calvinosaurus

Looks like i need to read through again. 
My understanding was I'd be recovered to a garage, and then up to me to cover cost if that wasn't under the warranty. 
Add to this the "scenario" i ran through with the salesman at the time(though this would be hard to prove), and i belive i was sold the policy with the understanding above.
I'm not sure how i would go about recovering money or breaking from the contract etc. As it's (obviously from your input) not clean cut.

If it helps, I'll post the outcome of any conversations with the dealer as they happen.

Appreciate the support.

C.