Posted: Tue Jun 05, 2007 6:35 pm Post subject: Occassional Driver Laws
I was told my son had to be added to my policy because he doesn't have insurance right now. He borrowed my car for work one day and a turkey flew into my car causing a bit of damage.
Is there a law that says you have to add someone who "borrows" your car to your policy? I don't get it... do we have to send a list of everyone who borrows our car and they have to be added to the policy too? This doesn't make sense to me.
Your son should be listed on your policy as a driver. _________________ I am and always will be a sinner. But that's the beautiful thing about Jesus. I'll always try to be a better person in the eyes of God. But I'm not all of a sudden stepping up on a pedestal and saying I'm holier than thou, 'cause I'm not!
Hi Kathy,
This is the way it works in my state; The policy shows that anyone who has reasonable grounds to be driving your car is covered. Basically anyone who thinks that it would be ok with you if they are driving your car should be covered. Children are a little different if they live with you. Since they have access to your car and in most cases will be driving more than occasionally, they need to be rated on the policy. If your son does not live with you he might not have to be added. Hope this helps clear it up a little bit for you.
Does your son live in your household is the big question. If he does, he has access to your vehicle and can drive it 24/7. Also, now that it's been shown that you have allowed him to use your vehicle, there is implied permission. This means (to a legal degree) under any circumstances that he's using your vehicle, he has your permission (as you allowed this in the past). He's also your son... not just "everyone" (I'm sure your son has easy access to your vehicle).
Most likely, your carrier is asking that he either be listed or excluded because they can see now that their risk has increased. Perhaps your son only borrowed your vehicle this one time and will never be driving it again (in that case, you may want to see if he can be excluded) but when a relative has an accident in a vehicle, it's a pretty good sign for the carrier that their liability exposure has increased. Also, he does not have insurance... so he legally cannot be driving his own vehicle. Most people need some type of personal transportation every so often. It's now been shown that this will probably mean he will drive your vehicle. As he does not have insurance, your carrier will be primary for his use of the vehicle.
Every state works differently, however, in Florida, any resident of driving age needs to be listed on the policy as a driver or excluded from coverage. If your son does not reside with you, but he is an frequent driver, he would still need to be listed (90 days out of 365). If he just borrowed the car with permission and does not live with you, he would be covered to drive the car.
