MINI Cooper Forum banner

Is it legal?

2.6K views 24 replies 14 participants last post by  MINI-Morgan  
#1 ·
Is it legal to put your parent as the main driver of your car, even though in reality I will be the main driver?

Insurance on a Mini One will be about £1,700 as i'm a learner at the moment, if I make my mum the main driver and me the second driver it would cost £600 a year.

Thanks for any help :)
 
#2 ·
Mini Me GB said:
Is it legal to put your parent as the main driver of your car, even though in reality I will be the main driver?

Insurance on a Mini One will be about £1,700 as i'm a learner at the moment, if I make my mum the main driver and me the second driver it would cost £600 a year.

Thanks for any help :)

Never give your insurance company a reason not to pay out on a claim... Could you live with losing your car and them not paying out?

Legal, not sure, but unlikely to be.
 
#4 ·
Insurance is based on the principle of 'Uberrima Fide' - utmost good faith - that means you are obliged to tell the truth, even to questions which are not expressly asked - hence, in the event of a claim, your insurance company could walk away if they discovered the truth.

Just clarifying the situation, not telling you what to do or anythiong, but it pays to be aware of the possibilities.............:)
 
#5 ·
We've all got to start somewhere. I've been driving for over 13 years, and am in the same boat, as for the last 8 years or so my insurance has been on bikes, and only as named driver on other peoples car insurance. Now I need a car and need to start afresh, as they (the thieving insurance companies) only take NCD if its from a policy within the last 2 years.

If you use your Mum as main driver, you still wont have any NCD when you want an 'S' in a year or so!

I'd suggest buying an old mini for at least the 1st year, or make sure you get an introductory bonus.

Just my $0.02!
 
#6 ·
Mini_moto has got it dead right.... if you can't afford to insure it, you cant afford to own it basically. it hurts, but most of us have been there.

Heres an idea, even if you do go the 'risky' route of insuring it under your mums name, get another policey on a hyper low risk car..... build up your own no claims.

My first car, a two year ol Escort XR3i, cost more than 1/3 of the purchase price to insure. I paid £4000 for the car, and paid £1500 to insure it. That was in 1989. Think how that felt.... it hurts.

Aiden has hit the nail squarly on the head. They will ask or imply 'who's the main driver'... if you lie, or lets say, don't lie but also don't disclose, then you risk giving them a perfectly legal reason not to pay out.
 
#7 ·
What you're describing is termed a "material misrepresentation" in the insurance biz, which can void policy coverage in some instances. If the policyholder misrepresents a fact (i.e., Lies), in some cases the insurer may not have to pay claims that arise from the "lie."

All auto insurers will rate the highest-risk driver on the most expensive car listed on the policy. The youngest, the one with the most violations/accidents will be rated on the most expensive vehicle.

At least in the U.S. (and I suspect it's the same in the UK), the insurer must cover all licensed drivers in the household. As such, the risk exposure is there, the insurer can't avoid it and certainly won't take a policyholder's word that such a person will never drive the car.

It's a PITA, but unavoidable.

Good luck, I hope you get something worked out!
 
#8 ·
Thanks very much for everyone's help.

Luckily I can afford to pay the insurance it's just worth checking out that you do have to pay the extra thousand before doing it.

Like you say this will be my first car so I want everything to be perfect and I do need to build up my no claims bonus ready for that Cooper S (or Cooper S convertible!) :D

Thanks everyone :)
 
#9 ·
Mini Me GB said:
Thanks very much for everyone's help.

Luckily I can afford to pay the insurance it's just worth checking out that you do have to pay the extra thousand before doing it.

Like you say this will be my first car so I want everything to be perfect and I do need to build up my no claims bonus ready for that Cooper S (or Cooper S convertible!) :D

Thanks everyone :)

Good for you mate, hope you enjoy.

I was reminded of the time a mate of mine bought a flash new Cavalier SRi (it was a while ago!!), he couldn't afford to insure fully comp..... yep, he took third party, two weeks later, he wrote it off. Had to pay for the car over 4 years, with nothing to show - no car! How painfull.

Alwyas remember, if it can happen, it will if your not insured fully.
 
#11 ·
Insurance will half by price over night when you hit 21,3 years no-claims or no no-claims as long as you have a sensible car e.g.not a Scooby Sti. So really it is not worth paying an extra £3000 in the first 3 years just to have your own insurance.
As for insuring it under your Mum, Why not?As long as she is happy! How are they going to know who drives the car more, do they sit in a van at the bottom of your drive 24/7 with a detector van checking who is doing the mileage/using the car? I doubt it, they can't even be bothered to answer the phone when you ring up with a quiery!! Get it insured with your Mum and spend the £1000 you have saved on drinking stella, Lying on a beach in a hot counrty! Or Speccing up your MINI.
Just my opionion. And if you do decide to insure as a named driver, do NOT post it on here, as you never know who is clocking the net!
 
#12 ·
Yellow/Black OneD said:
Insurance will half by price over night when you hit 21,3 years no-claims or no no-claims as long as you have a sensible car e.g.not a Scooby Sti. So really it is not worth paying an extra £3000 in the first 3 years just to have your own insurance.
That didn't happen to me, or any of my friends and colleagues, and neither did the magic "25 years old" reduction either...
 
#13 ·
£1000 per annum or No licence and a motoring conviction?

That didn't happen to me, or any of my friends and colleagues, and neither did the magic "25 years old" reduction either...
Same here Paul - no noticable reduction, despite no claims and no licence endorsements - what a swizz! :rolleyes:

As for the legality question Mini Me GB, I think that it's v.important to remember that:

a) if you do claim

and

b) the insurance company aren't happy that your mum was really the main driver

then

c) they won't pay out (they do check heavily Yellow/Black OneD - anything not to pay out! :rolleyes: )

In that scenario you are technically 'driving without insurance', which in the UK at least is an offence (not sure whether motoring or criminal) and will end up in you being prosecuted :eek:

End result being: knackered car :eek: , no insurance to cover repair or replacement :( , no driving licence :mad: and a hefty court fine (or worse community service, maybe even prison :eek: ).

Not worth it for £1000 IMHO... ;)
 
#14 ·
Just Do It...

here's what i have done over the course of my short driving life. first car i ever bought was a 1965 mustang, tooled around in that for 6 months. super cheap insurance on the mustang at 16 years old. then a year later a 97 cobra, i was not the main driver as no one would insure a 17 yr old male on a car that fast. so i was listed as secondary, even though i drove it more than anyone else, then i traded my cobra in on a 03 supercharged F-150, again second driver .now the mini s , same deal second driver. still have the 65 mustang and the truck
BUT.....
HERE IS THE FUN PART...the entire time no one would insure me because the other cars were to fast, my mustang runs the 1/4 in 8 seconds at over 160 MPH and i still drive it on the street. so take that insurance company's.
AS FAR AS BEING LEGAL HERE IS WHAT MY INSURANCE GUY SAID...when I bought my MCS he told me to go as second driver and show myself as primary on the cheapest car i own. So not all ins. guys are crooked, all you have to do is work the system to your advantage, just like everything else in life.
 
#15 ·
One other little point that people often miss out when talking about being a named driver is that apart for the legality of the insurance, which IMHO is debatable either way, is the impact on the policy holders position. If you do have an accident one of two things happens:

1) They don't pay out, you are massively out of pocket

2) They do pay out and you Mum not only loses her no-claims, but also has to declare an accident against her policy so she can expect a massive increase in her premium for the next few years.

Either way ain't good. I'd rather pay a few quid more for insurance (and we all feel your pain at being young, we've all been there - I used to pay £700 TPFT for a 1.1 Fiesta worth £500) and don't get yourself into a legal or family argument.

Just my 2p worth :)
 
#16 ·
With regard to "working the system" as stated above with the "insurance guy" who listed him as secondary driver on a cheaper car, consider this: if the insurance guy lies to the insurance company that he represents, then certainly he'll lie to you as well.

You'll find out what's correct as soon as you're involved in an accident!
 
#17 ·
vagt6 said:
With regard to "working the system" as stated above with the "insurance guy" who listed him as secondary driver on a cheaper car, consider this: if the insurance guy lies to the insurance company that he represents, then certainly he'll lie to you as well.

You'll find out what's correct as soon as you're involved in an accident!
here's the real deal. The insurance company will screw you no matter what you do. That is the nature of the beast. So I say it is better to pay as little up front as possible,. Because long term it does not matter, you will lose. Doesn't matter if you live in America, Europe, or the seventh circle of hell, all insurance companies are the same.
 
#18 ·
Here's another thing to think about, and not in any way trying to be patronising, but being a little bit stereotypical:

Young Lad....Brand New Car = Worth Stopping (if I was a copper!), just to check you have all the right details (license/insurance/breath check). Worth stopping because there'll be alot of Police Officers that cant afford the new car you'll be driving, and many of us have worked for many years to buy the Minis we have now, merely because of the cost and insurance issue.

You will draw attention to yourself merely because you are young, and your driving skills may not be so 'courteous' to other road users.

You are more likely to have an accident in the first few years of driving, because a new driver doesnt have the experience/miles under the belt.

Its not always your fault when you have an accident. But that doesnt mean your insurance/driving details aren't grilled.
 
#19 ·
Dunno if anyone's meantioned it yet, but is the car registered in your name?? Cause you have to tell the insurance company if the car is not registered in the name of the main policy holder or it will void your agreement with them...e.g no insurance. It will probably also raise a bit of doubt as to why your on someone elses policy when the cars yours. At the end of the day the insurance company has to prove that you have broken their policy in some way. But then you could just get stuck in that whole of reasonable doubt where the insurance company just doesnt pay out and waits to go to court just to hold things up.

But at the end of the day, I personally dont think the insurance company will cause you any problems. You just wont earn any no claims until you have your own policy, which is best to get as soon as possible. This is the first year my insurance has been under £1000 ever... but then buying myself a new civic typr-r for my 21st birthday really boosted the price of my insurance! almost 2grand again... but 2 years on and it all gets a bit cheaper..... just cant wait my last 8 months to get protected no claims and then not too long will the 25 barrier! yay!!
 
#20 ·
That's right, good point. The policy only covers vehicles that are registered or licensed in the name of the policyholder.

In order to save $$$, if you're under age 25 or so, register the car in your parent's name, insure it under their policy, and reimburse them for your premium.

Otherwise, you'll pay a lot more.
 
#21 ·
Paul Mullett said:
That didn't happen to me, or any of my friends and colleagues, and neither did the magic "25 years old" reduction either...
I was speaking from my own personal experience when I mentioned the 21 year old theory, perhaps I generalised too much there. I payed £1300 to insure my OneD on my own for the first year, when I was 20. I have payed £598 this year now I am 21, and have 1 years No-claims' bonus.
I payed £99 on my first car (an old Y Reg VW Polo 1093cc) when I was 17 with my Dad as the Named Keeper, and as a named driver with my Dad insuring the car. It would have been £1000+ for me to insure it myself, even had a quote for £2500.
And Payed £250 for another 2 years insuring a 1.6 Astra (I'm sorry it was a 'GLS') in the same situation as my Polo.
When I got my MINI I started out on my own, and by then could afford £1000 insurance because of the work situation.
I know people are always saying this but, I would advise to get some 'driving experience in a 'cheaper' car before you spend lots on a car, but if you can afford it go for it.
Just my 2nd 10p worth........
 
#22 ·
I know things in the US are probably a little different as far as insurance goes but here is my experience. I am listed as a driver on my parents insurance. My car is register to my father and for a long time I was listed as the driver on my mothers car (it's older hence the insurance was less). This was all at the suggestion of the insurance agent, not a scam my parents thought up to pay lower insurance rates. I did get into an accident and the insurance company didn't even ask why I wasn't driving the car I was listed on. Insurance covers the car...not the driver. Although if you do get into an accident, the insurance company can then drop you after everything is settled.
Now because I am older I am listed as the driver on my MINI.
 
#23 ·
Actually, coverage follows the insured driver, not the car.

In all 50 states, family auto insurance covers the policyholder and all licensed drivers who regularly live in the household. It provides coverage for you in any car you drive in the U.S., as long as it's not for business puposes.

Also, your auto policy automatically provides coverage for any car you purchase or lease for non-business use. So if you buy a new car and fail to tell your insurer, you automatically have the same coverage that's on other cars insured on the policy. Most policies give you 30 days to declare the purchase of another car.

That's how it works. hope that's helpful!
 
#24 ·
vagt6 said:
Actually, coverage follows the insured driver, not the car.

In all 50 states, family auto insurance covers the policyholder and all licensed drivers who regularly live in the household. It provides coverage for you in any car you drive in the U.S., as long as it's not for business puposes.

Also, your auto policy automatically provides coverage for any car you purchase or lease for non-business use. So if you buy a new car and fail to tell your insurer, you automatically have the same coverage that's on other cars insured on the policy. Most policies give you 30 days to declare the purchase of another car.

That's how it works. hope that's helpful!
Doesn't really work like that in the UK. As far as I'm aware:

A person gets an Insurance Policy for a specific car. On a fully comprehensive policy (Not that comprehensive when you read the small print!), he/she can also drive a car on Third Party Only cover. So if he decides to drive someone elses car, and crashes, electrical fire, or has it stolen - Then the person isnt insured. Likewise, you cannot purchase a car on that TPO cover. A vehilce has to have either a FC/TPFT policy attached to it. The same person, also, cannot commute any discounts to more than one vehicle at a time. (i.e. He drives 10years in one car without any claim and gets maximum no-claims discount for his diligence. He buys a sporty little number to use on dry days only (or whatever), and he has to start afresh, like he has never driven before!)