Who owns a car if you drive a company car?

Company Car Insurance: Who Really Owns It?

17/02/2009

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Navigating the world of car insurance can often feel like deciphering a complex code, filled with terms that seem designed to confuse rather than clarify. This complexity is often amplified when you’re driving a company car. One of the most common questions that arises is, 'Who actually owns the car if I drive a company vehicle?' This seemingly simple query opens up a whole host of considerations regarding insurance, responsibilities, and legalities. Understanding these distinctions is not just about avoiding fines or complications; it's about ensuring you're properly protected and compliant with UK regulations.

Is it illegal to drive a car without insurance?
It is illegal to drive a vehicle on a road or in a public place without at least 3rd party insurance. Even if the vehicle itself is insured, if you're not correctly insured to drive it you could be considered to be driving without insurance and could get penalised.

For many, a company car is a significant benefit, offering convenience and potentially saving on personal motoring costs. However, this convenience comes with a need for clarity on who holds the keys to ownership and, more importantly, who holds the responsibility for its insurance. We'll delve into the nuances of company car ownership, dissect common insurance jargon, and clarify what you need to know to drive your company vehicle with complete peace of mind.

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Owner vs. Registered Keeper: A Crucial Distinction

When it comes to company cars, one of the most fundamental concepts to grasp is the difference between the 'owner' of the vehicle and the 'registered keeper'. While these terms might sound interchangeable, in the eyes of the law and insurance providers, they denote distinct roles with different responsibilities.

The owner of a car is simply the person or entity that paid for it. In the context of a company car, this is almost always your employer or the company itself. They hold the financial title and are responsible for the initial purchase and often the ongoing costs like servicing and major repairs.

The registered keeper, on the other hand, is the person or organisation responsible for the vehicle's day-to-day use and administrative duties. This individual or entity is recorded on the V5C logbook (Vehicle Registration Certificate) issued by the DVLA. While your employer remains the owner, it’s common for the company to be listed as the registered keeper, or sometimes, for the employee who primarily drives the car to be listed, depending on the company's policy and the nature of the vehicle's use. The registered keeper is responsible for ensuring the vehicle is taxed, has a valid MOT, and for dealing with speeding tickets or parking fines. It's a critical distinction because while you might drive the car daily, the ultimate ownership and many associated responsibilities remain with your employer.

Insurance for Company Vehicles: What You Need to Know

Understanding who owns the car is the first step; the next is comprehending how it's insured. Company car insurance operates differently from personal car insurance, primarily because the primary use is for business, and the policyholder is usually the company itself. Here are some key aspects:

Policyholder and Coverage Types

The policyholder is the person or entity who takes out the insurance policy. For a company car, this will be your employer. They are responsible for ensuring the vehicle is adequately covered. The type of cover typically purchased for company vehicles is often comprehensive, providing the widest protection.

  • Comprehensive Cover: This is the most-encompassing level of car insurance. You’re covered for damages to both your vehicle and that of any involved party, whether you were at fault or not. For a company car, this level of cover is usually deemed essential to protect the company's asset and minimise business disruption.
  • Third Party, Fire and Theft Cover: This offers a mid-level of protection. It covers damages to other vehicles and passengers, as well as insuring your vehicle against fire damage or theft. However, it will not cover damage to your own vehicle if you were at fault in an accident.
  • Third Party Cover: This is the minimum legal requirement of insurance in the UK. It covers any damages to other vehicles and passengers in your car, but not any damage to yourself or your vehicle if you were at fault. It is rarely used for company vehicles due to the limited protection it offers.

Any Driver Policies and Class of Use

Many company car fleets are covered by an Any Driver Policy. This type of policy insures any person to drive the vehicle, which is highly beneficial for businesses where multiple employees might need access to the same car. It simplifies administration compared to naming each individual driver.

A critical factor for any car insurance policy, especially for company cars, is the Class of Use. This refers to what you use your vehicle for. For company cars, this will typically be set to 'business use'. It’s imperative that your policy reflects the actual use of the vehicle. If you use your company car for purely social purposes, for commuting, or for business, your policy's class of use must match. Failure to have the correct class of use can invalidate your policy, leading to severe consequences in the event of a claim. It’s vital to clarify with your employer precisely what your company car is insured for, especially if you intend to use it for personal journeys outside of work.

Can a driver drive a car with a certificate of insurance?
If your certificate of insurance allows for any driver to drive the vehicle, you need to look at a document known as your schedule (see further down the page) to see if there are any restrictions which could affect this. An application by the policy holder to their insurance company for cover following a loss caused by an insured event.

Key Insurance Terms for Company Car Drivers

Beyond ownership and the basics of company car insurance, several other terms are crucial for any driver to understand. These definitions, often found in a car insurance glossary, can significantly impact your driving experience and your responsibilities.

The Certificate of Insurance

The Certificate of Insurance is your official proof of insurance. It's a critical document that shows what car is covered, who is allowed to drive it, and what the vehicle can be used for. Even if you don't own the car, you should have access to this document or be aware of its details. If your company's policy is an 'any driver' type, the certificate will reflect this. However, it's always wise to refer to the full policy documents to check for any specific restrictions that might apply, such as age limits or prohibitions on certain types of journeys.

Excess

When making a claim, you’ll encounter the term 'excess'. This is the sum you must pay towards a claim before your insurer pays the rest. There are two types:

  • Compulsory Excess: A non-negotiable sum set by the insurer.
  • Voluntary Excess: A sum the policyholder agrees to pay, often chosen when taking out the policy. Opting for a higher voluntary excess can sometimes reduce your premium.

For company cars, the company typically covers the excess, but this should be clarified with your employer as part of your company car policy agreement.

Claims: Fault vs. Non-Fault

A claim is a formal request from the policyholder (your employer) to the insurance provider for cover or compensation following an incident. A 'non-fault claim' occurs when your insurer can recover the cost from another party, meaning you weren't responsible. A 'fault claim' is when they can’t recover the cost, indicating that you (or the company car driver) were deemed responsible for the incident.

No Claims Bonus (NCB)

A No Claims Bonus (or No Claims Discount) is a reward for every year you haven’t claimed on your insurance. It demonstrates to insurers that you are a lower risk, potentially leading to reduced premiums. For company cars, the NCB usually accrues to the company's policy, not to individual drivers. However, some employers might provide a letter to employees confirming their accident-free driving, which could potentially be used to secure a discount on a personal policy in the future, though this is not guaranteed.

Material Fact and Non-disclosure

A Material Fact is any piece of information that will influence an insurer’s decision to cover you. This includes details about the vehicle, its primary drivers, where it's kept, and its intended use. Insurers need an accurate profile to assess risk. Being dishonest or failing to disclose material facts, whether knowingly or unknowingly (non-disclosure), is illegal and can lead to your policy being invalidated, carrying severe legal consequences.

Fronting

Though less common with legitimate company car schemes, 'fronting' is worth knowing about. This is dishonestly listing a (typically low-risk) person as the main driver in order to bring down a premium for someone else. It is considered insurance fraud and has legal repercussions. For company cars, the main driver should accurately reflect the primary user of the vehicle.

What is a no MOT fine?
MOT fines are penalties issued to drivers caught in an unroadworthy vehicle. This could mean driving with no MOT or an expired MOT, or if you car has been labelled as ‘dangerous’ by your latest test, no matter if the previous certificate is still in date or not. How much is the fine for no MOT?

Additional Protections and Add-ons

Beyond the core insurance policy, company car insurance often includes, or allows for the addition of, various useful extras:

  • Breakdown Cover: A popular add-on that provides professional roadside assistance if your vehicle breaks down. For a company car, this is invaluable for minimising downtime and ensuring employees can continue their work journeys or get home safely. The extent of cover will depend on the package purchased.
  • Courtesy Car Cover: This car insurance add-on ensures you’ll be given a replacement car for the duration yours is being repaired after an insured incident. This is crucial for maintaining business operations when a company vehicle is off the road.
  • Telematics (Black Box Insurance): While more common for younger or high-risk drivers in personal policies, telematics involves installing a device that records driving habits. If a company uses this, it could be to monitor driver behaviour, improve safety, and potentially reduce insurance costs for their fleet.

Responsibilities of the Company Car Driver

Even though your employer owns and insures the car, you, as the driver, have significant responsibilities:

  • Adherence to Company Policy: Understand and follow your company's specific car policy regarding maintenance, accident reporting, personal use, and fuel.
  • Safe Driving: Always drive responsibly and in accordance with the law. Any driving offences or accidents reflect on both you and the company.
  • Reporting Incidents: Promptly report any accidents, damage, or theft to your employer and follow their procedure for making an insurance claim.
  • Vehicle Maintenance: Ensure the vehicle is kept in good, roadworthy condition, reporting any faults or issues to your employer for repair.

Comparative Table: Key Car Insurance Concepts

ConceptDefinitionRelevance to Company Cars
OwnerThe individual or entity who paid for the car and holds financial title.Always the employer/company.
Registered KeeperThe individual or entity responsible for the car's day-to-day use and administrative duties (V5C).Typically the company, but sometimes the employee (check V5C).
Any Driver PolicyA policy where any person is insured to drive the vehicle.Common for company fleets, offering flexibility.
Class of UseDetermines what the vehicle is used for (social, commuting, business).Must be 'business use' and align with actual usage, including personal use if permitted.
Comprehensive CoverCovers damages to your vehicle and any involved party, regardless of fault.Most common and recommended for company cars due to extensive protection.
Third Party CoverMinimum legal insurance, covers only damages to other vehicles/persons.Rarely used for company cars due to limited protection for the company's asset.
ExcessThe sum paid towards a claim before the insurer pays the rest.Usually covered by the company, but confirm policy.
Certificate of InsuranceProof of insurance, detailing cover, drivers, and use.Essential document to understand your permitted driving.

Frequently Asked Questions (FAQs)

Can I use my company car for personal use?

This depends entirely on your employer's policy and the Class of Use specified on the insurance. Many company car schemes allow for personal use, but it must be explicitly covered by the insurance policy. If it's not, using the car for personal journeys could invalidate the insurance and lead to serious consequences in the event of an accident.

What happens if I have an accident in a company car?

You should immediately follow your company's accident reporting procedure. This typically involves informing your manager, gathering details from any other parties involved, and potentially contacting the insurance provider. The claim will be made by your employer (the policyholder), and any excess will usually be handled by the company, though this can vary.

Do I need my own insurance for a company car?

Generally, no. Your employer will provide the primary insurance cover for the company car. However, you should confirm this with your employer and understand the extent of their policy. If you use your personal vehicle for business purposes, that's a different scenario, and your personal insurance would need to cover business use.

What is a Green Card, and do I need one for business travel in Europe?

A Green Card is a document that proves you have a basic level of insurance when driving throughout Europe. Following Brexit, a Green Card is no longer legally required for driving in the EU, Switzerland, Norway, Iceland, or Liechtenstein. However, it's always wise to check the latest requirements before travelling and ensure your company's insurance policy extends to international travel.

Who pays for speeding tickets or parking fines in a company car?

While the company is the owner, you, as the driver, are responsible for any driving offences such as speeding tickets, parking fines, or congestion charges. These will typically be sent to the registered keeper (often the company), who will then forward them to you for payment. Some companies might pay the fine initially and then deduct it from your salary.

Conclusion

Driving a company car offers numerous advantages, but it's paramount to understand the underlying legalities and insurance implications. The distinction between owner and registered keeper is fundamental, with your employer retaining ownership while the company (or sometimes you) handles administrative duties. Always clarify the Class of Use and the type of cover your company car has, ensuring it aligns with how you drive the vehicle. Familiarising yourself with key insurance terms like Any Driver Policy, Material Fact, and Comprehensive Cover will empower you to drive confidently and avoid potential pitfalls. By being informed and adhering to your company's policies, you can enjoy the benefits of your company car without any unwelcome surprises.

If you want to read more articles similar to Company Car Insurance: Who Really Owns It?, you can visit the Insurance category.

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