What happens in the event of an accident when the driver is not named in the contract?
The people to whom you lend your car without them being registered in the contract are occasional drivers. Lending your car to these drivers is not prohibited if your contract includes exclusive driving, but you expose yourself to many risks in the event of an accident. These risks vary from one contract to another and from one formula to another (third party, intermediary, and all risks), here are a few examples:
In the event of a responsible accident by the occasional driver, the excess that you will have to pay will be increased and may represent quite substantial sums, especially if it is a young driver.
Some insurance contracts provide that in the event of a responsible claim if someone other than the insured person drives the vehicle, the damage caused to the driver himself, to the passengers and to the car will not be covered by the insurance. . We talk about forfeiture of guarantee: the insured is deprived of his right to compensation by auto insurance.
Before making any loan to any occasional driver, we recommend that you contact your insurer to find out what your contract actually provides for the use of your vehicle by a driver not designated in the contract. Victims will be compensated no matter what, thanks to the Badinter law on auto insurance: even if the accident is caused by a driver not designated in the contract, liability will come into play, as soon as the driver is the holder. driving license. If he is not, the insurer can turn against him for reimbursement of compensation paid to victims.
If the accident is caused by a third party, their insurance will cover the damage suffered, even if you were not driving your car at the time of the incident but it was a driver not named in your contract.
In the event of an accident, any penalty will be applied to you and not to the driver in question. The bonus-penalty coefficient is linked to the auto insurance contract and not to people, whether they own the vehicle or not. You remain responsible even if you are not present during the accident. You can, however, turn against the driver to try to obtain compensation for damage not covered by your insurance contract. If a driver uses your car without your knowledge, you will not be impacted by the potential penalty in the event of an accident. For this to be valid, this driver must not live under your roof or be one of the drivers declared in your contract.
Principal conductor
What happens in the event of a responsible accident?
Insured according to the chosen formula (third party / intermediary / all risks)
Who accumulates the bonus-malus?
Penalty applied
Secondary conductor
What happens in the event of a responsible accident?
Insured as the main driver: same guarantees
Who accumulates the bonus-malus?
Penalty applied
Driver not designated in the contract
What happens in the event of a responsible accident?
Damage to covered third parties (RC). Damage to the vehicle / driver not covered or deductible
Who accumulates the bonus-malus?
Malus applied to the drivers designated in the contract
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