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American Family Mutual Insurance Company, S.I. DriveMyWay Program Terms & Conditions

What you need to know

Below you’ll find important information about your rights, benefits, costs, and limitations for DriveMyWay. Please review the DriveMyWay Program Terms and Conditions carefully.

DriveMyWay

Personalize your rate based on your driving behaviors.

American Family Mutual Insurance Company, S.I. DriveMyWay Program Terms & Conditions

Welcome to DriveMyWay, an American Family usage-based auto insurance program ("DriveMyWay" or "Program"). This document contains important information about your rights, benefits, costs, and limitations under the Program. You should read it carefully before deciding to participate because your participation in the Program means that you accept the Terms and Conditions. We may modify the Terms and Conditions without notice at any time at our discretion, and your continued participation in the Program means that you accept those changes. You can always view the most current version of the Terms and Conditions document by logging into the DriveMyWay smartphone application, also known as an app.

Program Overview

Your participation in DriveMyWay allows American Family Insurance to incorporate your driving behavior as captured by the app on your smartphone into the rates paid for the auto insurance policy that covers you. The person who owns the policy (“Policyholder”) may experience an increase or decrease in their policy premium based on the data collected from the DriveMyWay smartphone app through participation in the Program.* You will be able to access your driving information through a smartphone application to obtain feedback, which may help you become a safer and smarter driver. In the event that you have an accident, the app may be able to help in notifying emergency services to connect you with assistance. The DriveMyWay Program is administered by a company (“Administrator”) on behalf of American Family through a downloadable smartphone app.

Eligibility and Additional Provisions

The following are necessary to participate in the Program:

Enrollee (or “you”) must be an operator on an auto insurance policy issued or bound by American Family Mutual Insurance Company, S.I., or one of its participating subsidiaries and/or one of its participating operating companies (“Policy”).

  • By enrolling in the Program, you represent that you are an operator under the Policy and a Named Insured on the Policy agrees with participating in the Program.**
  • At least one vehicle on the Policy must carry Bodily Injury and Property Damage (BI/PD) coverage, and that vehicle cannot be a classic or antique vehicle. The Participation Discount, Program Rating Variable (PRV), and Introductory Discount (described below) do not apply to classic or antique vehicles.**
  • You must download the app to your smartphone and begin using it within 28 days of enrollment, or the Policy could be removed from the DriveMyWay Program, and the Introductory Discount could be impacted.*
  • You must accept these Terms and Conditions.
  • You must have a compatible smartphone with an adequate data and coverage plan.
  • You must agree to the smartphone app’s Terms and Conditions. The smartphone app’s Terms and Conditions will be made available when the smartphone app is downloaded. The smartphone app Terms and Conditions are between you and the Administrator and may place additional responsibilities on you and/or limit your rights against the Administrator.
  • You must transmit information through the app at least every 28 days. Failure to do so may result in the loss of the DriveMyWay Introductory Discount or Participation Discount. It may also result in the termination of your eligibility to participate in the Program.
  • The app must be installed with app and phone permissions set to allow the app to work properly, report driving data for a minimum of 99 qualifying trips or 365 days of continuous enrollment in the Program with at least one trip in every 90-day period, whichever comes first, in order for a DriveMyWay PRV to apply. See Active Enrollment Criteria. A qualifying trip means a trip that a Named Insured or an operator under the Policy drives that results in driving data as determined by us, in our reasonable discretion, based on driver detection requirements, trip detection requirements, and the Program requirements. See Data Collection and Use.

How It Works

Once you have downloaded the app and it is in use, the app collects your driving data. This data is securely stored within the Administrator’s systems and securely transferred to American Family.

The app uses your smartphone data plan and Wi-Fi connection to upload information to the Administrator's data storage system. The amount of data used by the app will fluctuate based on how often and how far you drive, as well as how often you’re on a Wi-Fi connection. It is your responsibility to maintain a data plan sufficient to allow for this usage, and American Family is not responsible for any data charges (including overage charges) associated with use of the app. It is also your responsibility to protect your smartphone and smartphone app username and password from unauthorized parties.

Introductory Discount

An Introductory Discount will apply to your Policy unless you withdraw from the Program as specified below (see Trial Period and Term and Termination). NOTE: The ‘previously earned KnowYourDrive discount’ replaces the ‘Introductory Discount’ for the first policy term for any customer converting from KnowYourDrive to DriveMyWay.

Program Rating Variable

Once at least one operator in the household has met the Minimum Driving Data threshold (defined below), a Program Rating Variable (PRV) will be added at the first renewal after the initial term. The PRV is based on the scores of all drivers on the Policy and could include default scores. The PRV may increase or decrease your premium.

Participation Discount

After the Trial Period is complete, a Participation Discount will replace the Introductory Discount as long as at least one operator continues to share driving data through the app and a PRV is applied to the Policy. See Trial Period.

Trial Period

Each participant has 99 qualifying trips or 365 days of continuous enrollment in the Program with at least one trip in every 90-day period (whichever comes first) to unenroll from the Program and not have driving data from their app be included in calculating a Program Rating Variable. If all the participants opt out of the Program on or before the 99 qualifying trips or 365 days of continuous enrollment in the Program with at least one trip in every 90-day period (whichever comes first), there will not be a rate impact on future policy terms and the Introductory Discount will be removed as of that opt-out date. If at least one of the participants decides to stay in the Program after 99 qualifying trips or 365 days of continuous enrollment in the Program with at least one trip in every 90-day period (whichever comes first), the PRV developed while you participated in the Program, whether it increases or decreases your premium, may still be used to rate current and future policies with American Family. If all participants leave the Program at any point, any Introductory Discount or Participation Discount will be removed as of that opt-out date.

At every renewal and when other full-term changes to the Policy occur, like named insured changes or your child obtaining their own separate Policy, your driving data will be reevaluated to calculate a new PRV to apply to your premium, subject to our rating factors, variables, rate filings, and rating regulations in the state where the Policy is issued.*

Active Enrollment Criteria

You are actively enrolled in the Program when all of the following criteria are met:

  • You have installed the app on your phone.
  • Permissions are set correctly to allow necessary data transmission.
  • The app is actively turned on.
  • You are transmitting driving data.
  • The app is recording and transmitting driving data for at least one trip including (but not limited to) a qualifying trip in any 90-day period.
  • You have not unenrolled from the Program.

Program Rating Variable Attributes

The PRV Attributes used, in part, to help rate your Policy include but are not limited to:

  • Hard Braking: Measures decelerating 7 mph or more in one second and the corresponding length of time.
  • Speeding: Measures driving at 10 mph or more above the posted speed limit and the corresponding length of time. If no speed limit is posted, then the app will measure if you are driving 90 mph or more.
  • Average Speed: Measures your average speed over the course of your trip, which includes idle time.
  • Time of Day: Measures driving during the evening (6 p.m. – 12 a.m.) and late night (12 a.m. – 4 a.m.) and the corresponding length of time.
  • Total Hours Driven: Measures how many hours have been driven.
  • Number of Short Trips: Measures the number of trips that are less than 5 minutes in duration.
  • Phone Use: Measures the driver’s use of their phone while driving and the corresponding length of time, including calling with phone in hand and motion, swiping, or tapping on your unlocked phone.

Full Household vs. Partial Household

  • When all drivers/operators in the household that are insured on one American Family Policy participate in the DriveMyWay Program, that is considered a full household as to that Policy, subject to our rules and rates on file in your state.
  • If any of the drivers/operators in the household that are insured on one American Family Policy do not participate in the DriveMyWay Program, that is considered a partial household as to that Policy subject to our rules and rates on file in your state.

Minimum Driving Data

Participants must be enrolled in the DriveMyWay Program and report a minimum of 99 qualifying trips or 365 days of continuous enrollment in the Program with at least one trip every 90-day period (whichever comes first).

The Smartphone Application or App

You acknowledge and agree that the rights in the software comprising the smartphone app remain either with American Family or the Administrator (as applicable) and that you have no rights in the smartphone app. American Family hereby grants you a non-exclusive, limited, revocable, non-transferable, non-sub-licensable license to install and use the smartphone app as specified herein, if American Family owns or has the right to license the smartphone app; otherwise, the license will be granted by the Administrator under its terms and conditions. If at any time you terminate your participation in the Program or otherwise violate these Terms and Conditions, your license will automatically terminate.

You have no right to, will not, and will not allow others to: (a) reverse engineer, disassemble, decompile, or otherwise attempt to derive, discover, or reconstruct the smartphone app; (b) remove, alter, cover, or obfuscate any proprietary rights notices placed or embedded by American Family or the Administrator on the smartphone app; or (c) alter, modify, adapt, or create derivative works of the smartphone app.

You agree that American Family is not liable for any mechanical breakdown, software malfunctions, or unexplained issues involving the smartphone or a vehicle before, during the use of and/or after the app is used including, but not limited to, smartphone battery depletion, vehicle battery depletion, check engine light activation, electrical issues, or mechanical issues. These Terms and Conditions do not give you any rights against American Family as a result of any smartphone or vehicle issues.

Program Text Messaging

By agreeing to these Terms and Conditions and using the app, the Named Insured and all drivers consent to receive text messages related to this Program. As part of participation in the DriveMyWay Program, participants will receive SMS transactional messages, including but not limited to an invitation to the DriveMyWay Program, notification of data collection issues, or confirmation of enrollment status.

Message and data rates may apply. If you have any questions about your texting or data plan, please contact your wireless provider.

You may receive text messages from us. You can cancel SMS messaging at any time by replying with STOP. After receiving the STOP message, you will receive an SMS message confirming you are unsubscribed. After this, you will no longer receive DriveMyWay transactional notifications from us via text.

Visit https://www.amfam.com/privacy-security/drivemyway-texting-terms-and-conditions for the current DriveMyWay Texting Terms and Conditions.

Data Collection and Use

The app will capture driving data such as geo-positional data and accelerometer data for American Family's analysis, accident response, claim investigation, and future research. The data will be used to determine when the Program Rating Variable begins.* American Family will gather detailed driving data, including but not limited to:

  • Distance driven
  • Mobile phone usage while driving
  • Cornering
  • Speed
  • Braking patterns
  • Acceleration
  • Hours driven
  • Date and time of day driven

By participating in the Program, you acknowledge American Family's right to use the data and information as described in these Terms and Conditions and agree:

  • To allow American Family to access, use, and retain your information and data captured by the app.
  • That American Family may retain the collected data indefinitely (subject to applicable law).
  • American Family has the right to start collecting data as soon as the app is installed and to continue collecting data for as long as the app is in use.

Privacy

The companies of American Family Insurance Group recognize the importance of our customers' trust. Keeping our customers’ personal information confidential is a top priority for all American Family Insurance employees, agents, and staff. Our privacy policy can be viewed at https://www.amfam.com/privacy-security.

We will protect the data collected from the app. However, the collected data may be deemed discoverable for an accident investigation or litigation purposes, and therefore, American Family and/or you may be legally required to provide the data to others.

Term and Termination

These Terms and Conditions are effective upon enrollment and terminate on the earliest of your request to withdraw from the Program, your removal from the Program by American Family, or upon our termination of the Program. If all operators listed on the Policy stop participating in the Program for any reason, including if the Program is discontinued, the provisions noted above under “Trial Period” will apply. To fully terminate, all participants must withdraw prior to the 99 qualifying trips or 365 days of continuous enrollment in the Program with at least one trip in every 90-day period (whichever comes first).

Participation in the Program is voluntary, and you or any operators listed on the Policy can withdraw from participation at any time, subject to these Terms and Conditions. However, the Policy account may be restricted from re-enrolling depending on underwriting requirements. If American Family determines that you or any operators listed on the Policy are not complying with these Terms and Conditions, American Family may, in its sole discretion, immediately terminate the Policy’s participation in the Program. Further, noncompliance with these Terms and Conditions or discontinued participation may result in the loss of any applicable Program Discounts, and the Policyholder may lose eligibility to re-enroll in the Program in the future.*

Disclaimers and Limitations

If the Terms and Conditions of the DriveMyWay Program conflict with the laws of the state for which the Policy is issued, the terms will change to conform to those laws. Any disputes to the Terms and Conditions provided will be governed by the laws of the states shown in the declarations of the Policy.

American Family does not guarantee that the app and the use thereof will prevent high-risk events, unsafe driving, collisions, or that other events will be prevented as a result of your enrollment in the DriveMyWay Program. American Family also does not guarantee that all high-risk events, collisions, unsafe driving, or other events will be recorded. American Family does not guarantee against the failure of the app, the recording of incorrect data, or guarantee full-time availability of the app, or access to data. Your service may be temporarily suspended or permanently terminated at any time for any reason.

AMERICAN FAMILY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE APP. AMERICAN FAMILY'S SOLE LIABILITY UNDER THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS LIMITED TO TERMINATION OF THE AGREEMENT. IF THE DISCLAIMER OF ANY IMPLIED WARRANTY IS NOT PERMITTED BY LAW, THE DURATION OF ANY IMPLIED WARRANTY IS LIMITED TO THE TRIAL PERIOD.

YOU HEREBY ACKNOWLEDGE THAT AMERICAN FAMILY IS NOT LIABLE IN ANY RESPECT TO YOU OR PASSENGERS IN YOUR VEHICLE FOR PROPERTY DAMAGE, PERSONAL, OR BODILY INJURY OR DEATH OR OTHER DAMAGES ARISING OUT OF, PERTAINING TO, OR RESULTING IN ANY WAY FROM THE USE, POSSESSION OR INSTALLATION OF THE APP OR ENROLLMENT IN THE PROGRAM. IN ADDITION, AMERICAN FAMILY IS NOT LIABLE IN ANY RESPECT FOR FALSE REPRESENTATIONS ON YOUR PART, LOST OR STOLEN USERNAMES AND PASSWORDS RESULTING IN UNAUTHORIZED ACCESS TO YOUR DATA, OR INTENTIONAL MALICIOUS INTENT STEMMING FROM THE UNAUTHORIZED USE OF THE APP. NOTWITHSTANDING ANYTHING HEREIN, IN NO EVENT IS AMERICAN FAMILY LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. HOWEVER, CAUSED AND UNDER ANY THEORY OF LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.

*American Family employees, agents, and staff members of American Family agents who use the DriveMyWay app for testing purposes are not entitled under any circumstances to an Introductory Discount in connection with such testing. If American Family employees, agents, and staff members of American Family agents who use the DriveMyWay app for testing purposes are also enrolled in the Program under a Policy that covers them, those individuals may be eligible for the Introductory Discount applicable to that Policy.

**This requirement does not apply when the DriveMyWay app is used for testing purposes by American Family employees, agents, and staff members of American Family agents.