I am having serious issues with the Auto Insurance Industry (serving my State) overstepping their authority and collecting records on drivers in my family NOT on their plans. What kind of lawyer would defend claims of violation of Right to Privacy Act of 1974, for one? They claim they are acting under a State law (which they cite), but I argue they have taken this to the extreme.
What state are you in? Do these relatives live in your home or share the same address? Have you loaned a vehicle to them and then they got into an accident or other run in with law enforcement?
I would think that most lawyers who handle accident claims would be well versed in dealing with and understanding insurance companies and the laws governing their operations.
The Privacy Act of 1974 (Pub. L.Tooltip Public Law (United States) 93–579, 88 Stat. 1896, enacted December 31, 1974, 5 U.S.C. § 552a), a United States federal law, establishes a Code of Fair Information Practice that governs the collection, maintenance, use, and dissemination of personally identifiable information about individuals that is maintained in systems of records by federal agencies.
Source: Privacy Act of 1974 - Wikipedia
If this is what you referring to, it doesn’t apply here. Your insurance company is not a federal agency.
As already mentioned, the Privacy Act of 1974 only applies to Federal agencies and neither your car insurance company nor the state agency that regulates insurance is a Federal agency.
I am going to assume that the “drivers in my family NOT on their plans” live at the same address as you because the insurance company wouldn’t know who your relatives are - they absolutely can and will find out who else at your address has a license or permit. Auto policies cover anyone who is driving your car with your permission and the insurance company can use household members’ driving records to set the rate under certain circumstances. You can sometimes exclude a particular driver so that their driving history doesn’t affect your rate but that means there is zero coverage if they ever drive your car. Some states do not allow you to exclude someone who is a member of your household. Other states allow you to exclude household members but not a spouse or a dependent child.
If they are at your address but not part of your household (for example, if there are two apartments ) try explaining that to the insurance company. If they are part of your household but have their own vehicle and insurance , you may not be able to exclude them but they may have no effect on your rate.
As far as what kind of lawyer - if there is some law they are violating and if that law allows you to sue ( two pretty big ifs) I would consult a personal injury lawyer who handles car accidents. If they can’t help, they might be able to direct you.
I was having trouble with my mail-order pharmacy company not performing at all well, so I complained to the state board of pharmacy. I heard back from someone there, provided more details and just the other day received a very apologetic phone call from the “Director, Pharmacist in Charge” of the mail order pharmacy.
So my suggestion is to contact the state insurance regulators.
How are you being damaged?
I’m not being flip. To answer your question, I’m trying to figure out what sort of recovery you are seeking.
Doreen is spot on. Years ago I had a neighbor who was a divorced mother of two. She bought her teens a series of ridiculously over-powered new cars…which they immediately proceeded to wreck. (But it was never their fault.) She submitted claims on the comprehensive policies for the first two and then just got basic liability on the second two. I believe that she filed for bankruptcy slightly after that.
After the bankruptcy, she found out that she simply could not afford auto insurance for herself as long as her kids lived with her. I can’t remember the exact premiums she was quoted, but they were higher than her rent. She even tried changing the teens’ mailing addresses to that of her ex. No dice. I believe she was finally able to get some sort of high-risk pool insurance, but it was still out of sight.
I recall someone mentioned that the police would not charge a person in the same household with auto theft. (He was having a dispute with his roommate). What is an insurance company’s liability in the situation someone uninsured in the household “borrows” the car?
In my state, my insurance covers anyone driving my car with my permission but not a thief. I’m not sure why the police wouldn’t charge someone in the same household with theft or a related charge ( I know I’ve seen it happen ) but if it’s because they don’t think it’s enough for a conviction, they should still take a report.
I had to do this with my adult daughter, who lives at home and has an unfortunate driving record. She’s excluded from my policy and can’t drive my car. She has her own policy on her vehicle. On the rare occasion she must use my car, like if her car is in the shop, I have her added to my policy for that day only (or however many days it’ll be).
My insurance company says anybody in the house could drive your car so they are authorized drivers and you can’t boot them off. If I don’t like it I guess I could change companies.
In the UK. personal car insurance is for named drivers only except under specific conditions.
If you have a comprehensive policy and your insurer specifically permits it, you can drive another insured car, but on basic only.
My policy (designed for old farts like me) will cover any licenced driver to drive me and my car home in an emergency.
After reading these replies, it sounds as if I don;t have a leg to stand on. This is ridiculous they can do this when you CAN allow someone outside the family to drive your car and still be covered without getting the third degree. As far as “being damaged”, I would not be lookiing for a monetary reward. I would be looking for a ruling to stop this inquisition. But, it seems as always, the little guy is screwed.
I’m still confused about what has happened.
Is it that you have let somebody drive your car, they got in an accident, and now the insurance company is seeking information about their driving history? Or is it that, since you live with somebody, the insurance company is requiring that they be added as a driver, even though they have their own insurance?
What exactly is the reason that the insurance company is “collecting records” on family members who are not on their plan?
The difference is that if someone lives in my household there’s a good chance we drive each other’s cars fairly often - my son might drive my car when his car is in the shop or I might take his car on an errand when it’s blocking mine into the garage. It’s way less likely that one particular person outside my household is going to drive one of my cars as regularly as someone in my household will.
I assume he meant if someone in the same household hops in the car and takes it for an errand, not if they abscond with the car for days or weeks or sell it.
AFAIK my insurance covers anyone I let drive the car, but the onus is on me to ensure the person has a valid license, else the insurance company can come after me to reimburse them.
Whereas, back in the 70’s, my parents told me if I wanted to drive the family car, I would have to pay the difference between their insuance and an insurance with a teenager as a driver. Hence, why I got my license a few years later without ever taking lessons or a driving test.
(I got a temporary learner’s permit, then a motorcycle license. The clerk issuing the temporary license did not look closely, assumed I already had an automobile license and put both on the written permit. I moved to another province a few weeks later, and got the full license there with both endorsements. My correct motorcycle only license from Ontario arrived in the mail, but too late. When I moved back to Ontario, they accepted that province’s license and gave me a full license. Funny thing, the same happened with my brother and his motorcycle license.)