RAC Breakdown Blunders: Your Rights Explained

Breaking down is never a pleasant experience, but when a breakdown service fails to deliver on its promises, it can turn a stressful situation into a full-blown ordeal. Aimee Steedman's recent experience with the RAC, where she and her partner were left stranded outside Oxford, highlights the critical importance of understanding your consumer rights when dealing with breakdown assistance. This article delves into Aimee's unfortunate situation, provides expert analysis from Which?, and offers comprehensive advice on what to do if you find yourself in a similar predicament.

The Nightmare Journey: Aimee's RAC Experience

Aimee Steedman and her partner's holiday took a sharp turn for the worse when their car broke down just outside Oxford. They were towed to Leicester East services by the RAC, with assurances that their journey would resume within two hours. However, what followed was a prolonged and distressing period of waiting. After the initial two hours passed, a call to the RAC yielded a promise of assistance within 45 minutes. This too proved to be an empty assurance, leaving Aimee and her partner stranded. The situation escalated to the point where they had to spend the night at the service station's hotel, a staggering 12 hours after their initial tow. The RAC eventually arranged a taxi to a car hire firm, with the understanding that costs would be reimbursed. A particularly alarming instruction from the RAC was to leave their car keys under the wheel at the services, with the explanation that 'CCTV cameras at the services made it safe'. This left their vehicle vulnerable in the car park for two days.

Expert Analysis: Your Entitlement to Compensation

Luke Jeffery, a consumer rights expert at Which?, sheds light on Aimee's situation, confirming her entitlement to compensation. "Because RAC left you stranded for more than 12 hours, an unreasonable amount of time to wait, you are entitled to compensation under the 'onward travel' terms of your breakdown cover," he states. Jeffery further clarifies that RAC's standard protection should cover the costs of a hire car, as advertised on their website. He also strongly condemns the RAC's suggestion to leave the car key under the wheel, deeming it unsafe and potentially invalidating insurance claims if the car were stolen. The RAC, when contacted, acknowledged the delay, citing unprecedented demand due to staycations and the pandemic. However, this explanation did not excuse the poor service experienced by Aimee.

Further Delays and Inadequate Service

The ordeal didn't end there. Two days after the RAC promised to collect Aimee's car, it still hadn't arrived at a local garage. With the hire car's time limit approaching, Aimee was contemplating an extension. It wasn't until almost 48 hours after the initial breakdown that she was informed her car had reached a local garage and the issue was diagnosed. The RAC eventually admitted fault, stating: "While we recovered Aimee's vehicle to a safe location, we didn't provide the service she rightly expected from us in a timely manner. We've covered her costs and provided a gesture of goodwill, which we hope helps restore her faith in our service." This 'gesture of goodwill' amounted to £100 compensation for food and accommodation, along with further compensation for the hire car costs.

What to Do If You Break Down: A Comprehensive Guide

Aimee's experience underscores the importance of knowing your rights and the correct procedures to follow when your car breaks down. Here's a detailed guide:

1. Prioritise Safety

Your immediate priority is to ensure your safety and that of other road users.

Motorway Breakdowns:

• If still able to drive: Exit the motorway if possible. This creates a safer environment for you and makes it easier for recovery vehicles to reach you.
• Hazard Lights: Turn on your hazard lights immediately, whether you're moving or stopped. This alerts other drivers to your difficulties. Use your front and rear sidelights as well, especially in poor visibility or at night.
• Hard Shoulder: If you cannot exit the motorway, pull over onto the hard shoulder as far to the left as possible. Turn your wheels to the left to steer the car away from traffic if it rolls back.
• Exiting the Vehicle: Use the doors furthest from traffic to exit. Passengers should use the same side. Wear high-visibility clothing if you have it.
• Waiting Safely: Stand outside your car, on the other side of the barrier that runs alongside the hard shoulder. Position yourself a few metres behind the rear of your car. This provides a buffer in case another vehicle hits your car.
• Contacting Assistance: Use your mobile phone to call your breakdown service or a local garage. If your phone is dead or unavailable, use an emergency phone located on the motorway. Arrows on posts indicate their direction.
• No Cover: If you don't have breakdown cover, you can still call a breakdown company for assistance, though it may be more expensive.

Smart Motorways:

Smart motorways have Emergency Refuge Areas (ERAs) approximately every 1.5 miles. These are used instead of the hard shoulder.

• Reach an ERA: If possible, exit the motorway or try to reach the next ERA.
• Hazard and Sidelights: Turn on hazard and sidelights if visibility is poor.
• Left-Hand Side: If you cannot reach an ERA, get as far left as possible.
• Exiting: Exit from the left side of the vehicle, leaving space between your car and the barrier if necessary.
• Wait Behind Barrier: Wait behind the barrier, well to the rear of the car, and call 999.
• In a Live Lane: If your car is in a live lane and you cannot safely exit, stay inside with your seatbelt on and call 999.
• Using ERA SOS Phone: If you reach an ERA, use the SOS phone to contact Highways England, who should arrange rescue.
• CCTV Monitoring: Smart motorways use CCTV to monitor for breakdowns. If spotted, the lane may be closed, and rescue vehicles dispatched automatically.

2. What NOT to Do on Motorways

Avoid these actions to ensure your safety:

• Pets: Do not take pets out of the car; they are safer inside. Roll down windows slightly on hot days for ventilation.
• Warning Triangles: Do not put out a warning triangle on a motorway. The speed of traffic makes it dangerous and ineffective.
• Repairs: Do not attempt any repairs. Stay away from your car due to the risk of collision.

3. Breakdowns on Other Roads

For any road other than a motorway:

• Move Off Traffic: Try to pull over into a lay-by or a quieter road, away from the main flow of traffic.
• Hazard and Sidelights: Use hazard and sidelights to warn other drivers.
• High-Visibility Clothing: Wear a high-visibility jacket or vest if available.
• Exit Safely: Exit the car away from traffic if safe to do so.
• Warning Triangle: If safe, place a warning triangle behind your car. A good distance is around 45 metres, further if around a bend. (Remember: not on motorways).
• Call for Assistance: Contact your breakdown service as soon as you are stopped and safe.

Specific Road Types:

• A-roads or Dual Carriageways: Wait outside your vehicle on the other side of the safety barrier, a few metres behind the rear of your car.
• Country Roads: If your vehicle is not causing an obstruction and is visible, stay inside. If blocking traffic, call the police on 101 to arrange a diversion.
• Roundabouts: Try to get off the roundabout or stop near the left-hand edge, away from exits. Exit via the passenger door if safe.
• Town or City Centre: Open your bonnet to signal you've broken down, potentially eliciting more sympathy from other road users.

4. Breakdowns in Car Parks

• Obstruction: If causing an obstruction, ask for help pushing your vehicle to an out-of-the-way parking space.
• Parking Charges: Be aware of potential parking charges. Ensure you have a valid ticket.
• Long Stays: If your car will be there for a long time, speak to parking staff. Some car parks offer limited free parking (e.g., two hours). Exceeding this could result in a Parking Charge Notice (PCN).
• Challenging Fines: Collect evidence of your breakdown (e.g., repair invoice, photo) to help challenge a PCN if necessary.

5. Breakdowns at Home

If your car breaks down at home, this is usually covered by 'home start' or 'home rescue' policies. Call your breakdown provider; they will either attend promptly or allow you to book a time slot. If you lack cover, you can still call a breakdown company, but it may be more expensive than a policy.

Key Takeaways and Your Rights

Know Your Breakdown Policy: Different policies offer different levels of cover. Familiarise yourself with your policy documents to understand what you are covered for. This is crucial for making valid claims.

Contact Provider Immediately: If you break down, call your breakdown provider directly rather than sending an email. This ensures a faster response and clearer communication.

Escalate if Necessary: If your breakdown provider fails to resolve your complaint satisfactorily, you can escalate the issue to the Financial Ombudsman Service. This independent service can investigate your case if you remain unsatisfied with the provider's final response.

Claim for Delays: As seen in Aimee's case, significant delays in roadside assistance or vehicle recovery can entitle you to compensation for 'onward travel', accommodation, and other related expenses. Keep all receipts and documentation.

Safety First: Always prioritise your safety. Follow the specific guidelines for motorways and other roads. Never attempt repairs on a live carriageway.

RAC's Response: While the RAC apologised and offered compensation, their initial handling of Aimee's breakdown was clearly below acceptable standards. This serves as a reminder for all breakdown providers to uphold their service commitments, especially during periods of high demand.

If you have a consumer rights problem that needs resolving, you can contact organisations like Which? for advice and support. Remember, being informed is your best defence against poor service.

Frequently Asked Questions

What if the RAC doesn't tell me where my car is?

You have the right to know the location of your vehicle. If they are uncooperative, formally request this information in writing and mention your consumer rights. If still unresolved, consider contacting the Financial Ombudsman Service.

Can I claim for the night I spent at the motorway services?

Yes, if the delay was unreasonable and caused by the breakdown provider's failure to act promptly, you are likely entitled to compensation for necessary accommodation and food expenses under 'onward travel' terms.

Is it safe to leave my car key under the wheel?

No, this is highly unsafe and not a recommended practice. Breakdown providers should not rely on CCTV for security. It could invalidate insurance and lead to theft.

What if my car is stolen after I leave it as instructed?

If your car is stolen after following such instructions, the breakdown provider could be held liable for negligence. It might also affect your insurance claim, so documenting the instruction is vital.

How long should I wait for RAC assistance?

While exact times vary, waiting over 12 hours for assistance after being promised a much shorter timeframe is considered unreasonable and grounds for compensation.

What should I do if my breakdown provider is not fulfilling its contract?

Keep a detailed log of all communication, times, and dates. Firstly, try to resolve it directly with the provider. If unsuccessful, escalate your complaint to the Financial Ombudsman Service.

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