We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

When does a named driver cease to be the driver?

Options
I own a car, which is insured in my name, and is the car that I drive in the main.  I am also a named driver on the insurance policy in place for the other car in the family.  I am not the keeper, main driver or policyholder for this second car - I just drive it occasionally.  I know that if I was to have an accident in the second car, I would need to declare to the insurer of my car that it had occurred.  My question is, therefore, when does a named driver's liability for the car which she is covered to drive, but is not policyholder for, end?  This applies specifically to non-fault claims where the car is parked.  Does the named driver's liability cease at the point the car was parked?  Or does it continue until such time as the policyholder, or another driver named on said policy, moves the car?  
Say, for instance, that I went out in the second car, came home and parked it.  Following this, another driver comes along the road and hits the car I parked.  Would I be involved in the insurance claim?  And would I need to declare the matter to my car's insurer?  Would it matter if the car was parked on our driveway?  It just seems to be a grey area.  I can understand that I could be liable if the car was hit in, say, a public car park after I had driven it there and parked it.  It would still, technically, be in my custody.  When does custody change?  what if I drove one of the other drivers somewhere and then gave her/him the keys in the expectation that s/he will drive home?  Would liability cease at the point I hand the keys over?  Or what if the situation was reversed?  This sort of thing must happen, surely. 

Comments

  • JGB1955
    JGB1955 Posts: 3,848 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    I would have thought the policy holder has 100% responsibility - even when the car is not in his/her possession.  AIUI only the policyholder can make a claim.  If the named driver has an accident it is the policyholder who will be reporting it, with the named driver being, effectively, a third party.
    #2 Saving for Christmas 2024 - £1 a day challenge. £325 of £366
  • phillw
    phillw Posts: 5,665 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 22 June 2020 at 11:31AM
    Would liability cease at the point I hand the keys over?  Or what if the situation was reversed?  This sort of thing must happen, surely. 
    What sort of liability? If you parked legally, safely & responsibly then what do you think you will be held liable for?
    Say, for instance, that I went out in the second car, came home and parked it.  Following this, another driver comes along the road and hits the car I parked.  Would I be involved in the insurance claim?
    I believe it's only the policy holder themselves that can actually make the claim whether you were in the car at the time of the accident or not.
    But I expect the insurance claim will want to know where the car was parked, when and by whom and that doesn't change just because you've handed the keys back.
    Is this a general concern or do you have something specific that you are worried about?
    As the car is parked at the same address then admitting that you drove it should hardly be a worry. If it doesn't get used very often then remembering who last drove it might be difficult to remember, you should do your best to answer truthfully though.
    I can't see why you would actually care about something that happens rarely.

  • RBN20
    RBN20 Posts: 60 Forumite
    10 Posts
    When making a claim on a vehicle that has been hit whilst parked, regardless of location, most insurers will ask who the last person to drive the vehicle was, and the claim would then be made with that person as the ‘driver’, so if the named driver was the last person to drive the policy holders vehicle then the named driver would be put down as the person responsible for the car at the time. 
    Like you said, it’s a bit of a grey area and some insurers may differ or may not question who the last driver was. It may be worth asking the current insurer of the second vehicle what their stance on it would be, for clarification. But the majority would put the last driver as the person responsible at the time 
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I can understand that I could be liable if the car was hit in, say, a public car park after I had driven it there and parked it.
    Liable for what? The person who has driven into a stationary car is going to be liable.
  • phillw
    phillw Posts: 5,665 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 22 June 2020 at 11:50AM
    davidmcn said:
    Liable for what? The person who has driven into a stationary car is going to be liable.
    What if the person drives off? Some insurance companies will only say it's not your fault if you can successfully claim against the other driver, not based on whether it's your fault. It's the policy holder that risks losing their no claims bonus.
    If the policy holder of the car that is involved in an accident is also a named driver on another car, then it will need to be declared when insuring that car whatever the situation. They will want to factor in the risk of random people driving into parked cars in the area you live.
    If I was the named driver and the car was driven into in any way that could be considered my possession then I would mention it when renewing my own insurance.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.6K Spending & Discounts
  • 244K Work, Benefits & Business
  • 598.9K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.3K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.