Excluded Drivers: Can Auto Insurance Companies Cancel Your Policy if You Don't Specifically Exclude a Driver?

I live with my 22-year-old son who has auto insurance coverage under another insurance carrier. Out of the blue, my company canceled my auto insurance because my son lives in the same household and has a very poor driving record. I called my agent and explained that my son NEVER (he really doesn't) is allowed to drive my car and that he's covered under another company. At that time, I only had 1 item on my record, which was an accident I had 3 years prior when I swerved and ran into a curb while avoiding a deer which caused my air bags to inflate in my 1996 Mazda. They totaled my car. Other than that I had a clean driving record, 53 years old and good to excellent credit history. Is this legal on their part? – Jeanne

Many auto insurance companies reserve the right to cancel your policy at any time, whether it is due to late payment of your premium, a DUI on your record, insurance fraud, or something they perceive as too risky.  If the insurance company put it in black and white that your son’s presence in the household is the reason they are canceling your policy, I would suggest you write a letter to the company with a copy to your state’s Department of Insurance (and include a copy of the insurance company’s letter to you in the envelope to the Dept. of Insurance), and tell them what you told me.  If it is true that your son is an adult, and he does not drive your car, and has his own policy, (you might want to include a copy of his policy to the insurance company), you may convince them to reverse their decision.  I would also suggest you tell the insurance company you are willing to exclude your son from your policy’s coverage in writing.  People often list teenagers as excluded drivers because insurers don’t want the risk of a new driver driving the insured vehicle, but it would make sense in your son’s case, as well, since they believe he is a risky driver.

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