RAC wouldn't attend breakdown

Susan82

Hi,

I'm looking into whether I can take RAC 'to task's for not attending a breakdown...

Quick summary - unbeknown to me the undertray had come away underneath the car and got caught on a kerb when I parked (no contact, just hung down and caught the lip of the kerb). When I pulled away the undeetray ripped off the whole front bumper. RAC wouldn't attend as they considered it to be a road traffic accident, not a breakdown. We had to get our insurers to come out, so excess to pay and, no doubt, increased premium to come...

Now, Looking at RAC's T&Cs, a road traffic accident is defined as the driver "hitting" something, which is not the case here and a breakdown is defined as a mechanical failure which "stops the vehicle from moving". We were caught on the kerb and needed two big planks of wood underneath the car to get going (ironically our insurers called the RAC to get us going!).

We have sent a complaint and they are refusing to compensate us (we asked for a refund in our premium for the year as they didn't deliver their service etc). 

It's a grey area whether they are covered by the FOS - does anyone have any advice? 

I suppose there is always the Money Claims service...

Thanks in advance,
Sue

BoGoF

Sorry, going to agree with them. There was no mechanical failure.

TELLIT01

I don't see it as a grey area.  The OP says that 'accident' is defined as hitting something, which they confirm they did - the kerb which was the start point from the rest of the damage.

Ayr_Rage

It was a RTA.

The RAC are correct in their interpretation of the event.

Susan82

OK, so if a piece of bodywork was to come off during normal driving conditions and get lodged in the wheel arch, causing the vehicle to stop moving would this be an RTA as well? 

Nothing was hit, bodywork was already damaged, hanging down underneath. The kerb was only a few inches high and the front bumper went over it very comfortably (like in many parking bays).

It was not until the vehicle was reversed that the damaged/loose bodywork caught the lip...

Susan82

TELLIT01 said:

I don't see it as a grey area.  The OP says that 'accident' is defined as hitting something, which they confirm they did - the kerb which was the start point from the rest of the damage.

When you put it like this I agree there was contact. I suppose my argument is the contact was due to a failure of a part (the undertray) therefore is this not a breakdown...?

BoGoF

It's not a breakdown though is it. The car was stuck but hadn't broken down.

bluelad1927

In principle I'd agree with the RACs decision
....then it got me thinking

A puncture is absolutely not a mechanical failure and more often than not a result of hitting something. A screw, a kerb, a pothole

In  the OPs circumstances though I'm still inclined to agree with the RAC.

I'll get my coat 

BoGoF

bluelad1927 said:

In principle I'd agree with the RACs decision
....then it got me thinking

A puncture is absolutely not a mechanical failure and more often than not a result of hitting something. A screw, a kerb, a pothole

In  the OPs circumstances though I'm still inclined to agree with the RAC.

I'll get my coat 

Maybe their T&Cs specifically cover punctures

Susan82

That's correct, their T&Cs do cover punctures (as I had the same thought initially). 

I always assumed that breakdown cover would cover any eventuality where the car couldn't move due to a failure. 

Having read their T&Cs (below) I would say this scenraio (or similar) is a grey area...

Obviously, i wouldn't expext them to cover a user error, I.e. driving into a muddy field or putting the wrong fuel in etc.

Susan82

I'm not entirely sure how far you can push "mechanical failure". They don't give a definitive definition, instead they give some examples (the engine not starting or electrical failure). I would consider anything that breaks on the vehicle which stops it from moving to be a mechanical failure (as the whole vehicle is a 'machine'), personally...