Is hiding the fact that the primary driver of a vehicle doesn’t have a valid license considered fraud when applying for car insurance?

UPDATED: Oct 1, 2022

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Is hiding the fact that the primary driver of a vehicle doesn’t have a valid license considered fraud when applying for car insurance?

I have a 2nd vehicle that is in my name, but I bought it for my girlfriend who
turns out doesn’t have a valid driver’s license. I bought insurance for the vehicle
and didn’t disclose this fact because I didn’t know. Now that I know, is it
considered insurance fraud to continue with the insurance knowing that the
primary driver doesn’t have a license?

Asked on April 14, 2019 under Insurance Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, it would be insurance fraud, since you would have now failed to disclose a material or important fact of which you were aware. It was not fraud when you first took out the insurance, since you did not know then; but now that you do know, you must disclose it or will be committing fraud. (And also, if she does not have a license, if she tries to put in a claim, etc. the insurer can deny coverage, since she cannot legally drive--so not disclosing it does not mean she will be covered). You need to get the car back from her, stop her from driving your car, and have her taken off or excluded from the policy.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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