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Every Tuesday, we get an expert to answer your financial problems or consumer disputes - you can WhatsApp us here[1] or email [email protected]. Today's problem is... I was driving from Portsmouth to Guildford when my vehicle suddenly lost power in the fast lane of the M275.
I managed to coast to the hard shoulder of an elevated section of the motorway. I called RAC and told them I was not in a safe place, but they took almost four hours to come rescue me and tow my vehicle. While I was waiting, two other vehicles collided while trying to avoid my broken down car.
I submitted a complaint and they only offered me a two month extension on my policy (equivalent to ?8). Can you help?Jason You sent over a very detailed summary of what had happened to you.
In short, you registered the breakdown at 4.11pm via the RAC app, but it took almost four hours for you to be rescued. You called the company repeatedly and were told help was minutes away, but this failed to materialise. At one point, two other vehicles collided while trying to avoid your broken-down car, further highlighting what a dangerous situation you were in.
When the patrol car did arrive, you told me the engineer said it was "absolutely unbelievable that [you had] been left on a dangerous bend on a high-speed road for almost four hours". You also had to pay ?148 because once you were rescued, the patrol car didn't have enough time left on shift to take you to your final destination, only a local garage, so you had to arrange separately to get your car home. All in all, this was a pretty rubbish and, at times, scary incident for you.
However, when you complained to the RAC, you did not feel that the type of compensation offered was appropriate. You then filed a subject access request and were able to see all the data the RAC held about you. It showed that, at one point, a patrol car declined to attend your breakdown, but you were not given an update about this.
The RAC response I reached out to the RAC to find out what had gone wrong It said: "While roadside assistance companies come to the rescue of thousands of drivers every day of the year, it's important to realise they're not an emergency service and don't have the legal right to control traffic to protect the scene of a breakdown.
"As such, they can only attend live-lane breakdowns when the area has been made safe by the police or, on motorways and major A roads, the appropriate highways authority. "Only when the scene is safe should drivers contact their breakdown company." The company also reached out to you directly and was very apologetic.
It told you it had let you down, both during the incident and with the handling of the subsequent complaint. Because Sky News had brought the issue to the RAC's attention, you were told the right people were now aware and would look to make sure this didn't happen again in the future. The RAC also offered you ?250, which you were pleased to accept.
Who to call if you break down on a motorway A motorway can be one of the scariest places to break down, and while you would think the first thing to do would be to call your breakdown cover, you should actually call the police. Jason had broken down on a particularly dangerous part of the M275 - there wasn't really a proper hard shoulder, and so a breakdown recovery van would not have been able to stop until the scene had been made safe.
This would have been the responsibility of the police. The RAC says: "It's vital after breaking down that drivers assess the safety of their situation quickly and thoroughly and take the right course of action to protect themselves and others." Here's what you should do if you find yourself in a similar situation...
- Stay calm and think of other road users.
If you can, move your car away from other vehicles and turn your wheels to the left.
- Turn on your hazard lights and leave your car by the passenger side door. Put on a hi-vis jacket if you have one. If visibility is poor, keep the side lights or fog lights switched on.
- Do not put your warning triangle behind your car if you are on a high-speed road.
- Climb over a safety barrier if there is one, or try to distance yourself from passing traffic.
Stand to the rear of your vehicle, away from traffic - this means if someone collides with your car, debris won't fly forward and hit you.
- Call the emergency services, and then contact your breakdown service. Emergency telephones are found roughly one mile apart on the motorway.
What is a subject access request, and how can it help with a complaint? A subject access request gives you, the consumer, the power to ask a company: "What data do you hold about me?"
Under Article 15 of the General Data Protection Regulation (GDPR), you have a right to obtain a copy of any information which relates to you, whether this is kept on a computer or in a structured manual filing system. Anyone can make a SAR, and under UK GDPR rules, the company has one month to locate, review and disclose the information. If they don't, you can make a formal complaint to the Information Commissioner's Office.
The company can redact certain confidential information, but if you feel it has wrongly been redacted, you can complain to the ICO. In this instance, Jason was able to see all of the details the RAC held about his breakdown, including information he wasn't given at the time (such as the patrol car cancellation). Although the complaint was not successful until the Money team stepped in, it helped his case significantly.
His next steps (as we can't always be on hand to help) would have been to take this to the Financial Ombudsman Service - the RAC has all the information about this on its website[2].
This feature is not intended as financial advice - the aim is to give an overview of the things you should think about.
Submit your dilemma or consumer dispute via:
- WhatsApp here[3]
- Or email [email protected] with the subject line "Money Problem"