Notdunroamin

A dear friend passed away at the weekend leaving a long term partner behind, partner as in not being married.

Their car was his and the insurance is in his name.

I'm pretty sure that death of an insured instantly ends cover but that we can find out about and deal with relatively easily.

What actually concerns me is that I'm thinking there must be some rules covering his partner (who legally speaking is an unrelated 3rd party) driving his car after his death and eventually selling it or having it transferred into her name.

I have no idea about any will he's s left but in any case that's for the coming weeks and months while right now she's going to be needing to get about and with more than enough on her plate already I don't want her to risk falling foul of the law by driving a car she may have no right to be driving or even be in possession of.
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BritInParis

And this is in Spain?

bobd22

Best advice contact insurance company

bfg69bug

If she has anything to prove that they lived together - bills in both peoples name, that should help?

if he has a will and she is named in it that would be better.

Dxf

Hola

Realistically no one should drive the car unless they have a piece of paper signed by the car owner that they have permission to drive the car. The insurance isn't the point here; if you have permission to drive the car and can prove it, then there is no problem. I drive someone else's car and have a piece of paper in the car that gives me permission to drive it

Davexf

Pulaski

Well there is if the insurance doesn't cover you!

bobd22

Yes I know that but the deceased isn't going to be able to sign now if they haven't already? Was the partner on the insurance? How does that legally stand if the deceased was main insurer, does partner have signed paper ? Is that signed paper legal if policy holder dies? I don't know so seems obvious to me that first port of call is insurers? Maybe you know the answers to above? I dont

Loafing Along

Spain is different it is the car that is insured and as long as the policy is vlaid it can be driven by a person with a current legal licence on an occassional basis.

Pulaski

And that is the question that nobody appears to have answered. Common sense would suggest that the death of the person who took out the insurance policy would terminate the contract, but nobody has yet passed an opinion on whether that is the case.

In any case, without detailed knowledge of the insurance policy, nobody even knows if the policy expires tomorrow, because there is surely a 1 in 365 chance that it does.

Further, to your point about the car being used on an "occasional basis" by people other than the primary insured person, if you are correct (and I am not doubting that you are correct), that would surely preclude the "partner" of the deceased using the car as her daily transport even if the insurance remains in effect.

bobd22

i am aware of that but that person is also required as far as I am aware to have with them while driving written authority from the named driver? Although most insureres in Spain allow others to drive the car there is still a policy holder for the vehicle and in this case that person is no longer with us. I really can't understand what is wrong with contacting the insurance company and getting information re this from the horses mouth?

BEVS

First. I am sorry for your friend's loss.

I was in this position over my Dad's car immediately after he died. This was in the UK. He had added me as a named driver . The car was his.

Upon his death I was informed that I was no longer insured to drive the car and indeed , as the car was in his name, I should and could not drive the car.

Sometimes an insurer will grant an exception ( I cannot think of the word) if all parties agree to the asset being used by the person.

Bottom line but from my own experience in the UK you understand. It is not her car and the insurance became void upon his death. I had to hire a vehicle to get around in the end even though that was my Dad and I his immediate next of kin.

Rosemary

In Spain it is the car that is insured not a named driver so it may be a little different.

Rosemary

snikpoh

... sometimes (normally but not always)

There are policies where the driver is named so one has to be careful and not just assume that any driver is insured

bobd22

Some further information here re registration etc
Transferring a Vehicle Following Death | N332.es - Driving In Spain