DynamicDrive® Program
Terms & Conditions
Updated August 8, 2024
As used in these Terms & Conditions, INCLUDING THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION BELOW, "we," "our," and "us" includes each of the commonly controlled auto insurance company affiliates in the National General Insurance Group that offer a DynamicDrive program. Each company is solely responsible for its own products, rating and underwriting.
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. Please check the DynamicDrive-sv page on our website often to ensure that you are still in agreement with the terms and conditions. Your ongoing participation in DynamicDrive constitutes acceptance of each change 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 as gathered via the DynamicDrive application powered by Arity (the “App”). Drivers that engage in safe driving habits could potentially get savings on what they would normally pay for auto insurance without the App. The App analyzes a variety of driving habits such as speeding, hard-braking, and distracted driving by phone use.
Once you have enough trips logged, we will be able to generate a driving score based on the data that has been gathered. Note that the driving score will follow the individual driver, and not the vehicle since this is a smartphone-based application.
When the App is enabled to access geo-location and/or motion information, you understand that Arity will directly collect, use and share that data with us which we may use for underwriting purposes and in the claims handling process. For more information, please read the Privacy Statement in the App’s License Agreement and our Privacy Statement in the link below.
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 App on their smartphone from the Google Play Store or the Apple iTunes Store. You will be required to review and agree to the App's license agreement 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 program, including the 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 EXPRESSLY AGREE THAT NATIONAL GENERAL MAY MAKE DYNAMICDRIVE SERVICE CALLS AND/OR TEXTS TO THE PHONE NUMBER YOU PROVIDED. EXCEPT WHERE A STATE RESTRICTION APPLIES, YOU ALSO ACKNOWLEDGE AND REPRESENT THAT FOR ANY ADDITIONAL PHONE NUMBER(S) PROVIDED ON YOUR APPLICATION, THAT THE SUBSCRIBER AND/OR CUSTOMARY USER OF THE PHONE NUMBER HAS ALSO AGREED THAT NATIONAL GENERAL MAY MAKE SERVICE-RELATED CALLS AND/OR TEXTS TO THE PROVIDED PHONE NUMBER(S). "Administrative text messages" are periodic transactional messages from a particular National General service, including 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 applied to your policy when you enroll in the program and maintain the minimum requirements. Each driver has 14 days to complete the enrollment process.
If a driver has 30 consecutive days of inactivity without logging a trip they may be subject to removal of the participation discount. A driver can also have the discount removed if they fail to log at least 10 trips during 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 apply to future renewals until such time that a new score has been calculated and is available to be applied at renewal.
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 results in a discount.
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 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 program or related 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: Litigation Counsel, 450 Hanes Mill Rd. Ste. 101, Winston-Salem, NC 27105, (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.
Time Limitations for Dispute Filing. 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 is 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: Litigation 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.