Is this legal

dlc6486 · #1 10-10-2006, 10:18 PM

What is the name of your state? Missouri

We have one car on which I have always been the principal driver as my husband's employer provides him with a car. Our daughter turned 16 in August, but did not get her license until October 6th. On 10/05 we received a letter from our agent stating that she had been added to our policy. On that same day we received our premium notice with our new rate that was three times our previous one. Included in the new premium was our daughter's insurance, our previous rate, a prorated amount for the days between her 16th birthday and the end our current term (10/18) and a surcharge for a one car accident that I had in April 2004. We have never been charged a surcharge for that accident unitl now. They have also made our daughter the primary driver . When I questioned the charges our agent said that she had to be the primary because she was the highest rated driver on the policy and that the accident was now charged to her even though she was only 13 at the time and not driving. How can they add an unlicensed driver to our policy? Other insurance companies I have talked to had told me that she would be listed as an occassional driver and adding someone without a valid license was illegal. I would gladly change companies, but the accident that I had is making my premiums high with the other companies I have talked with.What is the name of your state?

ecmst12 · #2 10-10-2006, 11:17 PM

The accident is going to affect your premiums anywhere, but if she's not the primary driver, then she shouldn't be listed as the primary driver, and by no means should she be added before the date she got her license! How many cars do you have on the policy? The only way I could see her being listed as a primary driver would be if you have as many cars as you have drivers in the house. Assuming two parents each listed as the primary driver on one car, if there is a third car, they might want to list her as the primary driver on that car. But if there are only 2 cars, then I don't see how she could be listed as a primary driver over mom or dad when they're taking their cars to work every day!

moburkes · #3 10-11-2006, 08:24 AM

Correct.

Its not legal to add her before she is licensed. It is legal to exclude her before she is licensed, though, and it doesn't appear that they did that. However, she did get her license on 10/6, but you didn't say what DATE she was added to the policy.

The primary/occasional thing. Some insurance companies assign the highest rated driver (daughter) to the highest rated vehicle, regardless of what vehicle they actually drive. That's how they underwrite. Its legal. Since, though, you state that there are 2 drivers (many companies require that the spouse is listed on the policy even though he is listed on a work policy) and 1 vehicle, your daugher, as the highest risk driver is listed as the primary driver of the only vehicle on the policy. By the way, people sometimes misunderstand primary and occasional. In your case, the premium was PRIMARILY based on your daughters age and driving experience/history, although you PRIMARILY drive the vehicle.

The fact that they are just now adding the accident to your insurance, benefitted you up until this point. There is nothing that you can do about it going forward. You saved money for the last year, and now you are no longer saving money. Its legal.

ecmst12 · #4 10-11-2006, 08:54 AM

Oh and unfortunately, the amount of time that they can surcharge you for the accident (in my state it's 3 years) starts running from the time they start the surcharge, not the date of the accident. Sucks, doesn't it?