Can an insurance company add an unauthorized driver that was involved in an accident without the policy owners consent after the accident?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jan 24, 2017

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Insurance Question from Abington, MA

Asked on 01/24/2017

Can an insurance company add an unauthorized driver that was involved in an accident without the policy owners consent after the accident? My sister who is on my insurance policy got into an accident with her husband and he was the driver. They have since tried to sue the other driver's insurance company for medical bills. I have no received a new policy premium that has skyrocketed and when I called they told me they added my sister's husband even though I never consented to it. The accident was over three months ago and they are just now adding him. That car was totaled and we no longer have it. Is this legal?

Answer given on January 28, 2017

While each state is different in regards to drivers listed on an auto insurance policy, most companies will want to add a driver if they were involved in an accident. If your sister and her husband have their own insurance policy, you can provide that information to your insurance company. They should then be willing to remove her husband from the policy. If they do not have their own insurance, and she uses one of your cars regularly, it is logical for your insurance company to add her husband to your policy since he most likely lives with her.The insurance company should have contacted you before making the change, or your agent should have notified you. If her husband has tickets and/or other accidents, that will definitely have an effect on your premium. It sounds like this accident may have not been your in-law’s fault, but you should talk to your insurance company about it.The only option about the in-law would be to exclude him from your policy. If you do that, he could not drive any of your cars and if he did there would be no insurance in case of an accident.

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