About Bennie 719 Expertise I have extensive knowledge in Personal Auto, Homeowners Insurance and Personal Umbrella coverage. Also thoroughly familar with claims handling procedures. Will not be able to quote rates because I took an early retirement. I still maintain a valid California Property/Casualty Agent/Broker license.
Experience Experience in the area: I have been answering questions at allexperts.com since 2002 in the catagory of "Property & Casualty Insurance". Licensed in California since 1961, first in Life/Health for 3 years and as a Property/Casualty Agent/Broker since 1964. Retired at age 58, but still complete my 30 hours of continuing education every two years in order to keep renewing my license.
Question What is the rule in California on insuring a part-time driver. We have a newly licensed teenager who lives in a 50/50 custody situation. We are under the understanding that our daughter must be listed as insured on a policy to be able to drive. However, the other parent believes that insurance follows the vehicle, not the person, and if she is a part-time driver she is automatically covered by driving an insured vehicle. Since we do not believe this is true, she has not been allowed to drive. Can you please clarify the law in California regarding part-time drivers. Thank you.
Answer Hi Mary,
Insurance does follow the car in cases when you loan it to a driver outside your
household, your policy is the primary coverage and that person does not have to be
named on your policy.
In order for a licensed driver in your household to be covered for an accident, they
MUST be listed as a named driver on your policy. This applies even if that driver
has his/her own policy. If they drive your car, your coverage is primary and a claim
made by any driver in your household who is not a named driver will be denied.
To properly protect yourself, your daughter and her father requires cooperation of
you and her father.
Although only one of you had to sign for her first permit which contained language
where you agreed to be financially responsible for your daughters actions until
age 18, due to the joint custody agreement, each of you are jointly responsible.
Under an ideal situation you and her father would be insured by the same company.
Your daughter would be listed as a driver under each policy. There would be a
charge on only one policy which you could agree to share and the second policy would
be noted "This is a shared custody situation. Charge for daughter being made on
policy # xxxxxxx".
If you and her father are insured with different companies, both you and her
father will have to list her on each policy and pay a premium. If custody is
switched on any basis other than every 6 months, each of you will have to pay
the extra premium all year long.
If custody changes every 6 months, you can have the charge removed while she
is with her father and vice-versa. Each of you would have to notify your
company that she was back in the household before allowing her to drive.
If her father won't listen to my reasoning, then try to convince him to talk
to his own agent.
You have a serious concern. As long as he allows her to drive his car and not
name her as a driver, any accident that she might become involved in, coverage
will be denied by his company and you WILL share financial responsibility
for damage and injuries with her father.
If her father refuses to be cooperative, write me again and I will go into detail
about some drastic options to assure that you are protected.
I hope that you find this information to be helpful. Your feedback by rating
my response will be appreciated.
