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Excluded Driver Endorsement

June 24, 2009

The Financial Services Commission of Ontario (FSCO) is has clarified the use of an endorsement which can be added to your insurance policy.

The Excluded Driver Endorsement (Ontario Policy Change Form, OPCF 28A) has been available but not usually offered, by insurance companies. Effective for policies issued or renewed on or after June 1, FSCO has mandated that insurance companies must offer this endorsement, that it is no longer optional.

The Insurance Act states that the named insured (policy owner) may sign an endorsement which effectively excludes any driver from their insurance policy.

The owner and excluded driver sign a standardized form, which states both agree the excluded driver will not be driving their vehicle. Both owner and excluded driver acknowledge that the insurance policy will not pay for property damage, damage to the auto, or for most injuries caused by an excluded driver.

The endorsement specifically states that the owner and the excluded driver may be held personally responsible for damage or injuries caused while the excluded driver drives the automobile.

It also specifically states that if the excluded driver is caught driving the automobile, he can be charged with driving without insurance. The consequences are also stated that if the excluded driver drives the automobile, the insurance company has the right to cancel the policy. This would make getting insurance very costly, with limited markets.

This endorsement has been on the books for many years, but many insurance companies have refused to offer it, as the wording was not clear and insurance companies ended up paying for some injury claims caused by excluded drivers.

The endorsement has been re-worded by FSCO and the penalties laid out clearly in the document and as a result of this clarity, the endorsement must be offered by all standard insurance companies.

By signing the endorsement, the insurance premium is almost always reduced, as there has usually been a cost involved for keeping this driver on your policy. It is important to note however, that any accidents which the now-excluded driver incurred previously, still can be charged for, by the insurance company. The only cost saving is the premium charged for the excluded driver and his convictions.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    It is likely that you premium will increase as the insurance company paid out an at fault loss on your policy even though you weren’t driving.

  • Gail

    my son and I signed an excluded driver form approx. 2 years ago that was sent via email attachment from by broker. We did not have a choice in the matter and was simply told because of my son’s poor driving record we were required to sign this form. I did not fully understand the ramifications of this form at the time, just that we needed to sign and he wasn’t allowed to drive my car as they won’t cover him. Even though the policy has renewed, we continue to receive insurance slips with my son’s name on them (as well as my name). Unfortunately there has now been an accident, my son took my keys from my purse and drove my car without my knowledge. My insurance company is now telling me that the vehicle is considered “no insurance” and I will be held responsible as will my son and they will not cover me. This was a very serious accident causing death, however my son was not charged. Can the insurance company just simply say they are not covering anything….and basically I’m on my own??? Help!!!! Thank you for any information.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Unfortunately, the document that you signed is valid. You both agreed that he would not drive your vehicle.

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Since your husband is an excluded driver on the policy, if he was to be involved in an accident there would be no coverage and the insurance company would likely cancel your policy.

    Thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Yes, he might. If you have both signed a document excluding him, you are taking a very big risk if her drives.

    thanks

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Yes but. You will have to disclose to the other company that your son was refused insurance

  • http://www.insurancehotline.com/ InsuranceHotline.com

    Hello

    Without the exclusion endorsement, an insurance company will rate for the driver and the vehicle which generates the most premium. The reason for this is that the insurance company’s risk is increased.
    By excluding your son from the more expensive vehicle it actually (believe it or not) reduces the premium as the insurance company’s risk is reduce as your son will not be driving the more expensive “special” truck.

  • john

    Hi, I signed the endorsement after my second accident to avoid my insurance cancelling my parents’ policy. I’m looking at 6 years until the accidents “fall” off my record. My question is if i wait until that time and find insurance again would that have bigger implications than finding insurance now and paying the high premiums so that when 6 years have passed i have a record with an insurance company?

  • http://www.insurancehotline.com/ InsuranceHotline.com

    that’s hard to answer as no one knows what the premium or the rules will be in 6 years from now.

  • sarah

    Does the policy number listed on the driver exclusion agreement need to match the current policy number exactly? We signed a driver exclusion agreement in 2009 for my husband under one policy number, then I got a new car to replace the old one, so my policy number changed by one letter, but the form was never updated to reflect the new vehicle or policy number. Also, my proof of insurance for the new car shows my son as the named excluded, not my husband. My husband (the named excluded on the original form) took my car without permission and totaled our car in an accident. The driver exclusion form lists my old car as the vehicle he is excluded from along with the old policy number. The new policy number has a different letter on the end. Is the driver exclusion still valid if the vehicle listed and policy numbers do not match exactly?

  • Jason

    The numbers have to match so he is covered by your insurance co. Inbiquity … The insurer must pay.

  • Jason

    6 years makes no difference Today as the signed print today is not affected by future changes. To save your parents policy the excluded endorsement would the best choice and in 6 years you would be clean in the insurance companies’ eyes. You would in the end have higher premiums as your surcharges in the same policy year would be high.

  • Jason

    To avoid this issue, two seperate policies should have been made(2reg-1special). This will keep the premiums down as well as it would allow the son occasional drivers privileges.

  • Jason

    Here’s a question, Was the timeline speficied on the orig form? Was the exclusion updated with the renewals? How is it he was receiving anything what with being an excluded driver and all? ;)

  • jason

    Agreed… Not worth the chance. In 3 years you should be able to unexcluded him

  • jason

    Lol.. You my friend are awesome.

  • Joanna

    What would happy if my partner refuses to sign the OPCF 28 A? His logic is what would happen if I (me) found myself in a position that I wouldn’t be able to drive? He has his own vehicle and his own insurance but it’s for an emergency that he’d drive my car only.

    Thanks!

  • http://www.insurancehotline.com/ InsuranceHotline.com

    If your partner does not sign the endorsement the insurance company can charge you the premium based on his driving record or cancel your policy.

  • erico

    is this form only for the current policy? say I switch insurance companies? will they still want this form signed?

  • Aman

    Hello Gail,
    I am currently facing a similar problem with my insurance and it would be a great help if i could get some insight as to how you went about this and what the resolve was. I was unaware that the car was taken and my son, the excluded driver, got into an accident. Now that the case has ended and renewal is up, they are denying me coverage unless i pay outrageous premium prices. My son no longer lives with us so if i were to give them proof of his address change would i be able to get my normal coverage again? Or does the blame still fall on me even though i was unaware?
    Thanks,

  • Karina Kisa

    question! does the excluded driver form valid in quebec ??? can we exclude me from husbands insurance by using this form in our quebec insurance (we also have home with them) ??? thank for any feedback

  • Cory Boreland

    does an excluded driver come up when a cop runs a liscence plate?

  • InsuranceHotline

    only if the driver’s licence is suspended

  • Barb

    If the previous excluded driver moves out are they still excluded on your policy?

  • InsuranceHotline

    If they have signed a document agreeing to be excluded then they are excluded regardless of where they live.

  • Denise

    Every time my parents renew their policy, the Insurer requires me to sign this form, even though I have my own insurance, which I have already provided and I no longer live with them for the past 2 years. Kindly advise when is it no longer mandatory to sign this form or why do I have to keep signing this form?

  • Ellarose Dittrich

    How long will this excluded driver thing remain on a policy? My son was driving my car six years ago and totalled my car. No other injuries or damages were incurred. His license was suspended at the time for unpaid fines, which I didn’t know, or I would not have allowed him to do so. The insurance company refused to reimburse me any damages for the car even though I carried collision and they demanded that my husband, son and I all sign an excluded driver’s form. My insurance company has since been sold to another company and they too required the form be signed. How long will this be necessary?

  • InsuranceHotline

    the insurance company can request that it remain on the policy indefinitely. If your son has a clear driving record now and/or if he has his own insurance, the company might agree to remove the condition