If someone not named on the policy drives my car, does the insurance pay?
As regards third parties, yes. Compulsory motor insurance covers the car and not a particular driver, so the insurer cannot raise against the victims the fact that someone unauthorised was driving. What may change is what you are paid for damage to your own car. Many policies set an excess or exclude own-damage cover if someone not declared on the policy is driving, especially if that person is young or newly qualified. And if, when you took out the policy, you concealed who was going to be the main driver, the insurer may pay you less.
Alburquerque Abogados
José Manuel AlburquerqueWhat compulsory motor insurance covers
- Harm to other people and damage to their property, whoever is driving.
- The insurer cannot claim back from you what it has paid merely because someone who was not named on the policy was driving, even if that person was young. The contract can only provide for such a claim where the driver did not hold a driving licence. And if the accident was caused by alcohol or drugs, the law allows the insurer to claim from the driver, the owner and the insured.
What may happen with damage to your own car
- If the policy sets an excess or an exclusion for undeclared or newly qualified drivers, it will normally apply to damage to your own car. Check how it is worded and whether you signed it, because if it cuts back your rights it must be highlighted and accepted in writing.
- If you declared a main driver but in reality the car was mainly used by someone else you were asked about, the insurer may pay proportionately less, or nothing at all if there was wilful misconduct or gross negligence.
- Lending the car now and then to a friend or relative who holds a driving licence is not usually considered an increase in the risk. It is normally covered, sometimes subject to an excess.
What you should do
If someone is going to use your car often, add them to the policy. Even if the premium goes up, it will save you arguments if there is an accident.
This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.