Could I had had coverage for an Auto we purchase for our son under our coverage?

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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: Jul 14, 2011

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Insurance Question from Fort Sam Houston, TX

Asked on 07/14/2011

Could I had had coverage for an Auto we purchase for our son under our coverage? We purchase an Auto for our son back in Dec 07. I had called our insurance company (USAA) to ask if we could put it in our coverage and they said NO, because he was an adult and he was the primary driver of the vehicle, he had to get his own. But under Texas Law, if a child sitll lives at home (which my son has all this time), they have to be under our coverage. Want to know if I can claim the fact that he and the vehicle should have been covered under us this whole time?

Answer given on July 27, 2011

While each state is different, and Texas has some very different laws, the insurance coverage is usually determined by the owner of the car. If your son is the owner of the car, and it is titled to him, the insurance needs to be in his name. You can add your name to the title, which will allow you to insure the car under your policies, but then you are assuming liability for his driving habits.It is possible that USAA has different rules regarding auto insurance, but again, the ownership of the car is the main issue. The fact that your son lives at home really is not the issue, and he does not have to be covered under your insurance.You should call USAA and discuss this with them. If you are on title, you need to let them know. They may be willing to go back a few months and add the proper discouts to the policy. However, it is unlikely they will go back to 2007. If you are not on title, then the insurance should remain in your son’s name. If he is insured with USAA, he is still getting their rates, which are quite competitive.

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