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Vehicle ownership and insurance under NC state law, wife doesn't drive due to illness is she required to have insurance

Asked over 3 years ago - New Bern, NC

my wife & I bought a car, she doesn't drive, but is on insurance as owner, finance co wants her as a driver. But she doesn't drive due to medical reasons. So they are now saying deal can't go threw because of this. We bought this car 2 wks ago and they are now harassing us over her not being on insurance as a driver. Does anyone know if they can take the car back because of this. It never said in the contract she had to be driver.

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Attorney answers (2)

Eileen E. Buholtz

Reputation Level 7

Answered over 2 years ago. Insurance Law Lawyer in Rochester, NY.

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Your question just came up on my screen and I expect the issue was resolved one way or the other. I expect the purchase contract required the owner(s) to have insurance. If your wife was a co-owner, she was required to have insurance. Her decision whether or not to drive the vehicle is a personal one and not one that the insurance company could use against her if she did drive the car and got into an accident. As an owner she could give someone else permission to drive the car and would want to have insurance protecting herself from being sued for the permissive driver's accident.

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George L. Simpson IV

Reputation Level 8

Answered about 2 years ago. Insurance Law Lawyer in Raleigh, NC.

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I do not know all of the facts and circumstances involved in your situation, so would suggest that you consult with an attorney and provide him or her with more detailed information than is listed here. Based on the thumbnail sketch you have outlined, your wife probably does need to obtain auto insurance. Typically, North Carolina's Financial Responsibility Act requires auto owners to maintain liability insurance to protect innocent victims who may be injured by a driver's negligence (whether the driver was the owner or not).

This response is intended to be informational only, and not legal advice. This lawyer is licensed to practice law in the state of North Carolina, and is not licensed in any other state. If you are not from the state of North Carolina, you should consult an attorney in your state. Although a response is provided to the specific question, there may be other facts and law relevant to the issue. The questioner should not base any decision on the answer and specifically understands and agrees that no client-lawyer relationship has been established between the lawyer answering the question (or his law firm) and the inquirer.

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