DynamicDriveSM Program
Terms & Conditions
Terms of Use
As used in these Terms & Conditions for the DynamicDrive Program (f/k/a DynamicDrive Program),
including the Binding Arbitration and Class Action Waiver provision below, "we," "our," and "us"
includes the commonly controlled affiliates in the National General Insurance Group, including
Direct Auto Insurance.
Your participation in the DynamicDrive program is contingent on your acceptance of these terms
and conditions. If you do not agree with any of the stipulations in these terms and conditions
then you should not participate in DynamicDrive.
We reserve the right to amend these terms and conditions at any time and will do so at this
location:
https://DynamicDrive.NationalGeneral.com/terms-and-conditions.
Please check back often to ensure
that you are still in agreement with the terms and conditions. Your ongoing participation in
DynamicDrive constitutes acceptance of any and all changes to these terms and conditions.
About DynamicDrive
DynamicDrive is our usage based program that allows us to more accurately tailor your rate
based on the actual driving experience of the participants on your account gathered via the
Routely
1 smartphone app. Drivers that engage in safe driving habits could potentially get
savings off of what they would normally pay without the app. The Routely app analyzes a
variety of driving habits such as speeding, hard-braking, and distracted driving.
Once you have enough trips logged, we will be able to generate a driving score based on all of
this data that has been gathered. Note that the driving score will follow the driver, and not
the vehicle since this is a smartphone-based app.
The Routely smartphone app does gather location data via GPS coordinates, and this data can be used
for underwriting purposes and in the claims handling process.
Eligibility Requirements
In order to enroll in the program, the driver must have a smartphone that is either an iPhone or
Android. The named insured is also required to provide a valid e-mail address. This e-mail will
be used when we send the initial activation instructions. The driver must also be a "rated"
driver on the policy. Note that Named Non Owner policies and RV-only policies are not eligible
to participate in the DynamicDrive program.
Age Requirements
If you are under the age of 18, you must review these Terms and Conditions with your parent or
legal guardian to ensure that you and your parent or legal guardian understand and accept these
Terms and Conditions. If you are under the age of 16, you are not eligible to participate in the
DynamicDrive program.
Enrollment/Participation Requirements
To participate in the program, a driver needs to sign-up or have been signed up for the
DynamicDrive program and then download the Routely app on their smartphone from the Google
Play Store or the Apple iTunes Store. You will be required to review and agree to the Routely
terms and conditions at that time. Each participating driver should then enter in their
activation code into the app and complete at least one trip to officially complete the sign-up
process.
Note that once the code is generated, each driver has 14 days to complete this process.
Failure to do so will result in the participation discount being removed back to the day
it was added.
If you are enrolled in DynamicDrive and get a new smartphone or delete and reinstall the app on
an existing phone, a new activation code will be required in order to continue to participate.
For customers who come to us with a full set of driving data available from a company-approved
source, the DynamicDrive experience is essentially complete at time of enrollment. The
DynamicDrive results are calculated and applied at that time.
Communicating With Participating Drivers
In order to activate and service the DynamicDrive App, we may need to send messages via voice
or SMS ("messages") to you and one or more other drivers you registered on your insurance
application.
WHEN YOU AGREE TO OR OTHERWISE INSTRUCT US TO SEND SUCH MESSAGES TO YOU OR TO OTHERS, YOU
REPRESENT AND WARRANT TO US THAT YOU AND EACH DRIVER YOU REGISTERED FOR DYNAMICDRIVE HAVE
CONSENTED TO RECEIVE SUCH MESSAGES AND ANY OTHER RELATED ADMINISTRATIVE TEXT MESSAGES FROM
NATIONAL GENERAL, DIRECT AUTO INSURANCE AND/OR NATIONAL GENERAL CONTROLLED AFFILIATES.
"Administrative text messages" are periodic transactional messages from a particular
National General/Direct Auto service, including but not limited to a "welcome message,”
activation instructions, or instructions on how to stop receiving messages. You or your
participating drivers who no longer wish to receive such messages can opt-out of receiving
further messages from us at any time by following the instructions provided. If you no longer
wish to receive such messages or participate in the service or application, you agree that you
will opt out through the instructions provided by the applicable program or service. If you
have reason to believe that one of the drivers you listed on your application no longer wishes
to receive such messages or participate in the group, you agree to remove them from the group.
YOU ALSO REPRESENT AND WARRANT TO US THAT YOU AND EACH DRIVER YOU HAVE INSTRUCTED US TO
MESSAGE UNDERSTANDS THAT EACH PARTICIPATING DRIVER IS RESPONSIBLE FOR THE COSTS OF ANY MESSAGE
CHARGES ASSESSED BY HIS OR HER MOBILE CARRIER.
DynamicDrive Pricing and Discounts
A DynamicDrive participation discount will be given to drivers that enroll in the program
and maintain the minimum requirements. As previously mentioned, they have 14 days to complete
the enrollment process.
If a driver has 30 consecutive days of inactivity without logging a trip then they may be
subject to removal of the participation discount. Driver can also have the discount removed
if they fail to log at least 10 trips in the policy term.
At the first policy renewal after activation, we should have enough data to generate a
predictive score which will be used to adjust your renewal rate to reflect your actual
driving experience more accurately. This score will continue on future renewals unless we
elect to collect additional driving data which can be used to develop a new score. Developing
a new score with additional driving data does not apply in FL.
We require at least 30 days of driving experience and approximately 125 trips to collect the
appropriate amount of data to obtain a score to apply at the next renewal. Note that the
driving score could potentially add a surcharge to the renewal rate depending on driving habits,
but most often gives a discount.
Surcharge does not apply in MD.
Opting Out of DynamicDrive after Enrolling
Participating drivers can opt out of the program entirely within 30 days of signing up for
the DynamicDrive program. In that event, we will simply remove the participation discount
and not use any data or score generated in that time at the subsequent renewal. After 30 days,
drivers are still able to delete the Routely app, but any data collected up to that point will
remain available to us for DynamicDrive scoring purposes. If we are able to generate a valid
DynamicDrive score from the retained data, we may use this score to rate future policies that
the driver may be rated on with us.
DYNAMICDRIVE BINDING ARBITRATION AND CLASS ACTION WAIVER
-
MANDATORY ARBITRATION AND CLASS ACTION WAIVER. Instead of suing in court,
you and we agree to arbitrate all Claims (as defined below) on an individual, non-representative,
and non-class basis in accordance with the terms of this Arbitration Agreement
(“Arbitration Agreement”). Neither you nor we shall seek the resolution or adjudication of any
Claim in court, other than to compel arbitration as provided below or to confirm, vacate or
modify an arbitration award as allowed by law. YOU AND WE AGREE THAT, BY ENTERING INTO
THIS ARBITRATION AGREEMENT, EACH IS WAIVING THE RIGHT TO RELIEF IN COURT, TO TRIAL BY JURY
OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION. SMALL CLAIMS COURT EXCEPTION:
AS THE SOLE EXCEPTION TO THIS ARBITRATION AGREEMENT, YOU AND WE RETAIN THE RIGHT TO PURSUE IN
SMALL CLAIMS COURT ON AN INDIVIDUAL, NON-REPRESENTATIVE, AND NON-CLASS BASIS ANY CLAIM THAT IS
WITHIN THAT COURT’S JURISDICTION. The term “claim” means any and all disputes, claims,
demands, and controversies of every kind and whatever nature, arising from, or in any way
concerning the DynamicDrive Application, its service, your DynamicDrive account, advertising,
marketing, communications, your purchases, or these Terms and Conditions (including the formation,
performance, alleged breach, interpretation or validity thereof, including the determination and
the scope or applicability of this agreement to arbitrate), under any legal theory whether arising
at law, in equity, by statute, regulation, ordinance, or otherwise. THE TERM “CLAIM” SHALL
NOT INCLUDE ANY DISPUTE ARISING UNDER AN INSURANCE POLICY, EXCEPT WHERE ALLOWED BY LAW.
This Arbitration Agreement shall survive termination, cancellation, or expiration of the relationship
between you and us. You and we agree that this Arbitration Agreement evidences a transaction in
interstate commerce, governed by, and enforceable under, the Federal Arbitration Act (“FAA”). THIS
ARBITRATION AGREEMENT IS INTENDED TO BE BROADLY INTERPRETED. TO THE EXTENT THAT APPLICABLE LAW BARS
THE ENFORCEMENT OF AN ARBITRATION CLAUSE, THIS ARBITRATION CLAUSE SHALL NOT APPLY.
-
Notice of Dispute. A party who intends to seek arbitration must first send to the other
party, by certified mail, return receipt requested, a written Notice of Dispute (“Dispute Notice”) to
provide an opportunity to resolve the Claim informally through negotiation. The Dispute Notice to us
should be addressed to: Attn: General Counsel, PO Box 3199,, Winston-Salem, NC 27102-3199,
(the “Notice Address”). The Dispute Notice need to (a) include the party’s contact information
(name, address, best way to make contact; (b) describe the details of the Claim; and (c) describe the
specific relief wanted. You and we both agree to try in good faith to resolve the Claim for no less
than 60 days after receiving a Dispute Notice.
-
Arbitration Procedures. If you and we cannot resolve the Claim within 60 days after receipt of the
Dispute Notice, you or we may commence an arbitration proceeding by filing a demand for arbitration
(“Arbitration Demand”) with JAMS. After we receive notice at the Notice Address that you have commenced
arbitration, we will promptly reimburse you for your payment of the standard filing fee. The arbitration
shall be administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures then
in effect at the time of the dispute. The JAMS Rules are available at www.jamsadr.com. The terms of this
Arbitration Agreement govern in the event they conflict with the JAMS Rules. Their neutral arbitrator
will have the power to adjudicate all issues and questions concerning his or her own jurisdiction,
authority or power, and on the existence, scope or validity of this Arbitration Agreement; provided
however, that the arbitrator is bound by the terms of this Arbitration Agreement, but he or she has
no power inconsistent with Paragraph (5) hereof. If your Claim, including interest, non-monetary loss,
attorneys’ fees, expenses and costs, totals $5,000 or less, we agree that you may opt to have the hearing
conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing,
or by an in-person hearing as established by JAMS Rules. If your Claim exceeds $5,000, the right to a
hearing will be determined by JAMS Rules. Unless you and we agree otherwise, any arbitration hearings
shall be held in the county (or parish) of your billing address, except that if the arbitrator determines
that such county lacks adequate facilities for an arbitration, he or she may direct that the arbitration
hearing be held at a location with adequate facilities, keeping in mind the goal of holding the hearing
near the county of your billing address. The decision of the arbitrator shall be final and binding and
may be enforced in any court of competent jurisdiction.
-
Attorneys’ Fees and Sanctions. If you prevail in the arbitration and are awarded more
than our last settlement offer before appointment of the arbitrator, we will pay your reasonable
attorneys’ fees for investigating and pursuing your claim. Notwithstanding the foregoing, if you
would be entitled to a larger amount of attorneys’ fees or expenses under applicable law, this
Arbitration Agreement does not preclude the arbitrator from awarding you that amount. Except as
otherwise provided for herein, we agree not to seek an award of attorneys' fees in arbitration even
if such an award is otherwise available under applicable law. If, however, the arbitrator finds that
your Claim is such that it would warrant sanctions under the standards of Rule 11 of the Federal Rules
of Civil Procedure, then the arbitrator shall have the power to issue an award to us for all monies
previously disbursed by us that otherwise would be your obligation to pay under JAMS Rules and our
reasonable attorneys’ fees.
-
NO CLASS ARBITRATIONS. The arbitrator may award relief only in favor of the
individual party seeking relief and only to the extent necessary to provide relief warranted by that
party’s individual Claim. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON
A CLASS-WIDE BASIS. THE ARBITRATOR SHALL NOT HAVE THE POWER TO ADJUDICATE CLAIMS ON A CLASS-WIDE
BASIS, AND YOU AND WE AGREE THAT EACH SHALL BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL
CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING.
FURTHER, THE ARBITRATOR SHALL NOT HAVE THE POWER TO CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR TO
OTHERWISE ADJUDICATE OR PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. If all or any
portion of this Paragraph (5) is found to be unenforceable, then neither party may be required to arbitrate.
-
NO CLASS ACTIONS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION,
AND REGARDLESS OF WHETHER THE CLAIM IS THE INITIAL CLAIM BEING ASSERTED, A COUNTERCLAIM, OR ANY
OTHER COURT PROCEEDING, YOU AND WE AGREE THAT NEITHER WILL BRING OR REQUEST A CLASS ACTION OR
REPRESENTATIVE ACTION. YOU AND WE AGREE TO PURSUE ANY CLAIMS SOLELY ON AN INDIVIDUAL BASIS, AND
WILL NOT LEAD, JOIN OR SERVE AS A MEMBER OF A CLASS OR GROUP OF PERSONS BRINGING SUCH CLAIMS.
YOU AND WE AGREE THAT NEITHER SHALL JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY,
NOR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE.
-
Must File Within One Year. You and we must file in small claims court or arbitration
any claim or dispute (except intellectual property disputes) within one year from when it first could
be filed. In MD, any dispute must be filed within three years. Otherwise, it's permanently barred.
-
Rejecting Future Arbitration Changes. You may reject any change we make to the
DynamicDrive Binding Arbitration and Class Action Waiver (except address changes) by sending us
notice within 30 days of the change by U.S. Mail to Attn: General Counsel,
PO Box 3199,Winston-Salem, NC 27102-3199. If you do, the most recent version of DynamicDrive
Binding Arbitration and Class Action Waiver before the change you rejected will apply.
-
Severability. If any clause in this Arbitration Agreement (other
than paragraph (5) above or any portion of it) is found to be illegal or unenforceable,
that clause will be severed from this Arbitration Agreement, and the remainder of this
Arbitration Agreement will be given full force and effect.