OPEN ROAD DRIVERS PLAN
GENERAL TERMS AND CONDITIONS FOR ENROLLED DRIVERS
I. GENERAL PROVISIONS
A. THIS AGREEMENT is between the Open Road Drivers Plan® and the named member. All benefits are available in the USA and Canada to the named member and member’s legal spouse and shall be paid to the member directly. No other persons shall have any rights, title or interest whatsoever, other than legal coverage as outlined in paragraph C herein. Plan fees may change with 30 days written notice.
B. THE GENERAL PROVISIONS AND APPENDIX shall constitute the entire agreement between the parties and nothing else written or oral shall be of any effect on such agreement.
C. ASSIGNMENT AND PAYMENT OF CLAIMS: Legal coverage payments will be paid directly to attorney, unless a request is made for such fees to be reimbursed directly to member. Reimbursement of legal coverage will be made to member’s address as shown on plan records.
D. FILING OF CLAIMS: Any claim or notice of claim for reimbursement under any part of this Agreement must be received by the Open Road Drivers Plan®, Claims Department, 8650 College Boulevard, Overland Park, Kansas 66210, no later than thirty (30) days from the date of occurrence for which the claim is made.
E. PROOF OF CLAIMS: The Plan reserves the right to request additional documentation for determination of claims before payment or reimbursement is made.
F. COVERED VEHICLES: A vehicle must have two or more wheels and be licensed to operate on public highways. To be covered, the vehicle must be operated by the member or the member’s legal spouse.
G. EXCLUSIONS: The bonds and legal coverage provided under this Plan shall not apply to those charged with Driving Under the Influence of Drugs or Driving While Impaired or Possession of Drugs, Alcohol or Firearms, Driving Without a Valid Driver’s License, Illegally Leaving the Scene of an Accident, Hit & Run, Delinquent or Past Due Citations, Radar Detector/Scanner, Operating a Vehicle While Out of Service, charges that do not affect a member’s CDL, or Illegal Use of Cell Phone or Texting While Driving. When multiple charges have occurred, bonds will not be provided for any violations that occur in conjunction with the exclusions outlined above.
A. MEMBER: The person named on application as evidenced by Plan records.
B. PRE-EXISTING CONDITIONS: Pre-existing conditions under the terms of this agreement mean acts or occurrences that existed prior to the member’s effective date in the Plan. If you have a pre-existing ticket, please call 1-800-848-3060 for information.
C. THE PLAN: Any reference to the Plan is referring to the Open Road Drivers Plan®.
D. CITATION/OCCURRENCE: Citation or occurrence is defined as the incident of receiving one or more notices to appear in court in the form traffic tickets, summonses to appear, or the equivalent thereof.
E. ACCIDENT/COLLISION: The term accident or collision refers to the actual colliding of a vehicle being driven by a member with any other vehicle or object. It does not include mechanical failures.
F. LEGAL COVERAGE: The legal coverage paid by the Plan for the services are based on reasonable, usual and customary fees charged by attorneys related to the services provided. Determination of “reasonable, usual and customary charges” shall be reserved to the Open Road Drivers Plan®, its records and claims committee. Reasonable, usual and customary fees shall be determined by fees of attorneys in the county where your attorney practices, or when necessary, by fees of attorneys in surrounding counties. The Open Road Drivers Plan® reserves the right to the final decision in all disputes including claims to be paid. Fees for any service requiring an attorney shall be payable only for the services of a licensed, practicing attorney.
G. TERMINATION OF THE OPEN ROAD DRIVERS PLAN® SERVICES: Periodic Payment: All services, rights and benefits will automatically terminate at midnight of the day before the next scheduled periodic payment, when the next scheduled periodic payment is not made for or by the member. The Plan provides no grace period. The member is not required to pay any sum for any services specified in the agreement in addition to the amount specified. The Open Road Drivers Plan® may cancel this agreement, thus terminating all services, rights and benefits by giving the member written notice. The Plan reserves the right to deduct any outstanding bonds from remaining member fees, or pending or unpaid claims on terminated Plans.
H. EFFECTIVE DATE: The Plan shall be deemed in effect upon receipt of application and initial payment (or first payroll deduction by employer at the Plan Home Office, or by an authorized company agent. Some exceptions may apply. Plan coverage is determined by payments received through the next regularly scheduled payment.
I. OPEN ROAD DRIVERS PLAN® is a program of the Auto Club of America. Open Road Drivers Plan® is a program of Road America Motor Club, Inc. of Miami, FL when purchased in the state of California.
J. REWARDS: Eligibility to receive rewards does not apply to member or member’s legal spouse; does not apply to vehicles parked on new or used car/truck lots.
K. LEGAL COVERAGE: Legal coverage does not apply for any legal action against member’s employer, Open Road Drivers Plan®, or any Open Road Drivers Plan® representative or representative’s agent.
III. APPENDIX A
A. COVERED VIOLATIONS
Should you receive a violation and need to locate an attorney, call 1-800-848-3060. Have your ticket information ready. We will provide you with the name of an attorney you can hire. You hire the attorney of your choice and Open Road Drivers Plan® pays your attorney directly, up to the scheduled amounts. This means no out-of-pocket expense for attorney fees in most cases.
B. NON-COVERED VIOLATIONS. The Open Road Drivers Plan® will provide you with the names of qualified attorneys you can hire to represent you for a variety of legal matters We can also provide traffic attorneys to represent you for non-covered traffic violations such as license suspension. If you have a pre-existing citation, which you received before becoming an Open Road Drivers Plan® member, we can provide an attorney for you for an additional charge. Please call us today to find out about pre-existing coverage at 1-800-848-3060.
C. PERSONAL LEGAL COVERAGE
1. MOVING VIOLATIONS. Your Plan membership entitles you to legal coverage, for your defense against alleged moving violations. Open Road Drivers Plan® will find a local attorney for you to hire and will pay your attorney directly. The Plan will cover reasonable and customary fees required for final disposition for the services and violations involved. (see General Provisions, paragraph H)
2. NON-MOVING TRAFFIC VIOLATIONS. Your Plan membership entitles you to legal coverage, for your defense against alleged overweight, over width, over height, over length, improper permit, improper license tag, improper equipment, logbook violations and other non-moving violations that are considered serious violations against your CDL. Open Road Drivers Plan® will find a local attorney for you to hire and will pay your attorney directly. The Plan will cover reasonable and customary fees required for final disposition for the services and violations involved. (see general provisions, paragraph H) Plan will only cover seat belt and parking violations in the event it affects your CDL or CSA score.
3. $5,000 – MANSLAUGHTER, NEGLIGENT HOMICIDE, VEHICULAR HOMICIDE. Your Plan membership entitles you up to $5,000 in legal coverage for your defense against police charges of manslaughter, negligent homicide or vehicular homicide involving a traffic accident. Open Road Drivers Plan® pays your attorney directly up to the scheduled amounts.
This legal coverage is for both trial defense and appeal combined. Whether the case is won or lost, legal coverage shall be for reasonable, usual and customary fees in the locality (see general provisions, paragraph H) charged by attorneys, up to $5,000.
4. $500 VEHICLE DAMAGES. If the vehicle you are driving is damaged as a result of an accident and it becomes necessary for you to hire an attorney to recover the cost of repairing the vehicle, the Plan will pay for the member’s reasonable attorney fees, whether the case is won or lost for services up to $500 per occurrence. Open Road Drivers Plan® pays your attorney directly, up to the scheduled amounts. The Plan does not pay for fees when you hire an attorney on a contingent fee basis. Pre-existing conditions and charges of Driving Under the Influence and/or Driving While Impaired and drug related matters by the member or any other driver of the member’s vehicle are excluded and not covered. Not available in Texas.
5. BONDING SERVICES.
a) $10,000 – POLICE BAIL BOND. The Open Road Drivers Plan® will provide a bond not exceeding $10,000 (subject to exclusions listed in definitions and general provisions) for member’s arrest for moving traffic violations when involved in a vehicular accident.
When the Plan is purchased in Kentucky, Utah or New York, it will pay for the cost of a bail bond up to 10% of the amount of the bond; not to exceed $10,000 when involved in an accident. The Plan will not be surety on any bail bond and only contracts to pay a professional bail bondsman’s fee.
b) $1,000 – APPEARANCE BOND. In the event you are charged with one or more traffic law violations, the Plan will provide an appearance bond not exceeding $1,000 (subject to exclusions listed in definitions and general provisions.) Appearance bond coverage is limited by law and varies by state. Police bail bonds and appearance bonds are for the first appearance only and do not include Appeal Bonds, nor do they cover the discharge of financial responsibility for damages to others or to their property. Further bonds will not be issued until all previous bonds are satisfied.
When you need a bond, call toll-free 1-800-848-3060 and ask for Bonding Service. Be prepared to give the following information:
- Name, address and plan number of the member needing the bail bond services
- Title, name and address of holding authority
- Offense with which charged
- Citation or ticket number
- Amount of bond
IN ACCEPTING THE USE OF THESE BONDS, MEMBER AGREES IN THE EVENT OF FORFEITURE, FOR ANY REASON, TO REIMBURSE THE OPEN ROAD DRIVERS PLAN® IN FULL AMOUNT FOR SUCH FORFEITURE, TOGETHER WITH ALL COSTS OF COLLECTION. THE OPEN ROAD DRIVERS PLAN® DOES NOT PAY FINES OR COURT COSTS.
a) $1,000 STOLEN VEHICLE REWARD. A reward of $1,000 will be paid for information leading to the arrest and conviction of person or persons responsible for the theft of a member’s vehicle. Rewards will be paid to law enforcement officers, agencies or private citizens. This benefit applies to all vehicles owned and in personal use by the member.
b) $1,000 PERSONAL PROPERTY REWARD. A reward of $1,000 will be paid for information leading to the arrest and conviction of any person or persons stealing personal property from a member’s vehicle or home. Rewards will be paid to law enforcement officers, agencies or private citizens.
c) $1,000 HIT & RUN REWARD. A reward of $1,000 will be paid for the arrest and conviction of any hit-and-run driver damaging a member’s vehicle. Rewards will be paid to law enforcement officers, agencies or private citizens.
7. TRIP GUARANTEES
a) $500 TRIP GUARANTEE (ACCIDENTS AND VEHICLE THEFT). When the vehicle you are driving is disabled 50 miles or more from your home as the result of an accident, collision (see definitions) or your vehicle is stolen, and it has been reported to the local or state police or your insurance company, you are entitled to reimbursement for certain expenses. The Open Road Drivers Plan® will pay up to $500 for the following expenses under this service: Rental car and/or commercial transportation to destination, lodging, and meals. All expenses must be incurred within 72 hours from the time of the accident, collision, or theft Rental car reimbursement is at a maximum rate of $50 per day for up to three (3) days. The rental or replacement car refers to an automobile obtained from any bona fide car rental agency. Lodging and meals must be purchased from bona fide motels, hotels and restaurants. Itemized receipts are required for reimbursement. Commercial transportation refers to a common carrier licensed to carry passengers for hire. This service does not apply to cars, vehicles or trailers being towed. For reimbursement, mail a copy of the police report or insurance report and all applicable receipts to the Open Road Drivers Plan® (at the address found in General Provisions, paragraph D). Not available when plan is purchased in New York State.
IV. DRIVER REFERRAL PROGRAM
Every time a new driver you refer signs up with Open Road Drivers Plan® and remains a member for more than three consecutive months, you will receive a one-time payment of $34.50. There is no limit to how many drivers you can refer to us. Call us toll-free at 1-800-848-3060 if you have any questions