Important information about our services and regulatory obligations
Please read this document carefully as it sets out the terms on which we agree to act for our clients and contains important regulatory and statutory information.
"Driver Guardian" refers collectively to Driver Guardian Limited and Driver Guardian Rescue Limited, both of 1 Slaidburn Crescent, Marshside, PR9 9YF.
"We/us/our" means the Driver Guardian entity providing your product or service, as detailed below.
Driver Guardian Limited provides regulated insurance products and acts as an Independent Insurance Broker. Driver Guardian Limited is authorised and regulated by the Financial Conduct Authority, 12 Endeavour Square, London, E20 1JN. Our FCA registration no. is 546256. You can check this on the FCA's register by visiting www.fca.org.uk/register or by contacting the FCA on 0845 606 1234.
Driver Guardian Rescue Limited provides non-insured breakdown and rescue membership services. These services are delivered directly by Driver Guardian Rescue Limited in partnership with our service providers and are not regulated by the Financial Conduct Authority. Membership terms are set out in your membership agreement.
Your documentation will clearly state which company is providing your product or service.
Where your product is arranged through Driver Guardian Limited, we act as an Independent Insurance Broker and are subject to FCA regulation as detailed above.
Where your product is provided through Driver Guardian Rescue Limited, we are acting as a direct service provider. These products are membership-based services and do not constitute insurance products.
If you wish to make a complaint, please contact Gareth Halsall, the designated Complaints Officer, at 1 Slaidburn Crescent, Marshside, PR9 9YF, or call us on 01704 225588.
For complaints relating to products arranged through Driver Guardian Limited, if we cannot settle your complaint satisfactorily, you may be entitled to refer it to the Financial Ombudsman Service.
For complaints relating to membership services provided through Driver Guardian Rescue Limited, FOS referral rights do not apply as these products are not FCA regulated. We are committed to resolving all complaints fairly and promptly regardless of which company your product is with.
Driver Guardian Limited is covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme if we cannot meet our obligations in relation to regulated products. This depends on the type of business and the circumstances of the claim. Full details are available from the FSCS. FSCS protection does not apply to products provided through Driver Guardian Rescue Limited.
Driver Guardian Limited acts as an Independent Intermediary on behalf of our clients and is subject to the Law of Agency. We are acting as your agent when we are:
Driver Guardian Rescue Limited acts as a direct service provider, arranging and delivering breakdown and rescue membership services through our network of service partners.
Where a product is arranged through Driver Guardian Limited, you will not receive advice or a recommendation from us. We may ask you some questions to narrow down the selection of products we will provide information on. You will need to make your own decision on how to proceed.
For products arranged through Driver Guardian Limited, you will receive information about any fees or commission we receive. Our remuneration will either be a fee as agreed with you, commission which is a percentage of the premium paid by you, or a combination of both. This will include commission, fees, over-rider agreements, profit share arrangements and any volume business deals that your policy may contribute towards. Brokerage and fees are for the policy period and we will retain all brokerage/fees in relation to policies placed. We are committed to full transparency and will, at your request, fully disclose our remuneration.
For membership services provided through Driver Guardian Rescue Limited, your membership fee covers the cost of the service as set out in your membership agreement.
For insurance products through Driver Guardian Limited, we arrange the policy with the insurer on your behalf. You do not pay us a fee for doing this — we receive commission from the insurer, which is a percentage of the total annual premium.
For membership services through Driver Guardian Rescue Limited, you pay a membership fee directly to Driver Guardian Rescue Limited as set out in your membership agreement.
The remaining sections below (Duty to Disclose, Duty of Fair Presentation, Misrepresentations Act, MID Disclaimer, Health & Safety, Payment, Security, and Confidentiality) apply to regulated insurance products arranged through Driver Guardian Limited unless otherwise stated.
You are obliged to ensure that the Insurer is provided with full and accurate material circumstances about your risk, now and throughout the lifetime of your policy. A material circumstance is anything that may influence an Insurer's judgement in their assessment of your policy, and should include all incidents and losses that you have dealt with yourself without involving an Insurer. This could include changes to your business activity, criminal convictions, or financial issues such as a potential bankruptcy or CCJs.
If you are unsure whether a circumstance is material, we recommend that it be disclosed. Failure to disclose may entitle Insurers to refuse to pay part or all of any subsequent claim.
A policyholder acting for purposes outside their trade, business or profession.
A policyholder acting for purposes within their trade, business or profession.
Before entering into a contract of insurance, prior to a midterm alteration and ahead of your policy renewal, it is your statutory duty to make a fair presentation of your risk in a clear and accessible format.
You must disclose, where practical, all material circumstances about your risk. You must make reasonable enquiries before presenting your risk and ensure that all individuals holding relevant knowledge have been consulted. You must complete any proposal forms or fact finds honestly, accurately and in good faith. Any deliberate or reckless misrepresentation may result in part or all of a claim being declined, and in some circumstances the Insurer may be entitled to retain your premium, avoid the policy, or apply additional terms.
You are reminded of your duty to take reasonable care not to make a misrepresentation in any information provided to insurers, and to answer all questions honestly.
Under the Consumer Insurance (Disclosure and Representations) Act 2012, a misrepresentation may amount to a failure to comply with a request from an insurer for confirmation or amendment of details previously provided. This duty applies at placement, renewal, and any variation during the period of insurance.
In the event of a deliberate or reckless misrepresentation, insurers may avoid the contract. Where a careless misrepresentation has been made, insurers may avoid the contract or treat it as if different terms applied, depending on what they would have done had the misrepresentation not been made.
Where your policy requires you to populate and update the Motor Insurance Database, it is entirely your responsibility to ensure this is done, even if you request us or your Insurer to do so on your behalf. We are unable to accept responsibility if you fail to meet your obligations under current legislation.
We cannot be held responsible for any client who fails to comply with current Health & Safety or other relevant legislation.
For insurance products through Driver Guardian Limited, we normally accept payment by guaranteed cheque or certain credit or debit cards. You may be able to spread your payment through insurers' instalment facilities or a finance arrangement. Full information about payment options will be provided when we discuss your insurance.
For membership services through Driver Guardian Rescue Limited, payment terms are set out in your membership agreement.
We do not guarantee the solvency of any insurer we place business with. A liability for the premium, whether in full or pro rata, may arise under policies where a participating insurer becomes insolvent.
All personal information about you will be treated as private and confidential. Both Driver Guardian Limited and Driver Guardian Rescue Limited are registered with the ICO as Data Controllers. We undertake to comply with the General Data Protection Regulation (GDPR) in all our dealings with your personal data.
Information you provide to us will not be used or disclosed to other parties except in the normal course of arranging or administering your product or service, handling a claim on your behalf, or where we have obtained your consent or are required to do so by law or a regulatory body. We will take appropriate steps to maintain the security of your confidential documents and information.
For full details of how we use your personal data, please refer to our Privacy Notice.
If you have any questions about these terms of business, please contact us at info@driverguardian.co.uk or call 01704 225588.
We use cookies to enhance your browsing experience and analyze our traffic. By clicking "Accept", you consent to our use of cookies.