Can I be billed retroactively by the insurance company because I didn’t declare my 21 year old son on my insurance policy when he got his license?

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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: Feb 2, 2012

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Insurance Question from Brooklyn, NY

Asked on 02/02/2012

Can I be billed retroactively by the insurance company because I didn’t declare my 21 year old son on my insurance policy when he got his license? I now wish to include him, since he will now be purchasing a car.and driiving on a regular basis. Is there a danger I can be billed retroactively, since I did not declare him at the time, though I did not realize I was required to ?

Answer given on February 03, 2012

If your son has not been involved in an accident in your car, you can simply tell your insurance agent that your son is licensed and add him to your policy effective now. Most insurance companies will not add a driver retroactively unless there has been an incident involving that driver.Even though you had not declared him on the policy, he was covered as a permissive user. Obviously the insurance companies would prefer to add young drivers when they are first licensed, since they can collect the premium for that driver. However, many car owners have done the same as you have done. When you call your agent to add your son, make sure you do indicate when he was licensed. By doing this he will get credit for the time since he was licensed. If the agent asks why you didn’t declare him, simply advise him you didn’t think about it since he rarely drove. If the agent wants to try to backdate the change, tell him you don’t want to do so, just to add him now. The agent should go along with your instructions.

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