Auto insurance as sole driver of my mother's car. Any advice?

wicki100,

I've dealt with a somewhat similar situation with my parents' car. I'm DPOA, Executor, etc. and so, manage all aspects of the estate and Mom's care.

We lost Dad and Mom doesn't drive but enjoys going out in the familiar van and so, I decided to keep it and did the necessary repairs for an engine with over 110k mileage; significant engine work now completed. I think that Dad was looking at a trade-in for a smaller car, given their advancing age.

I simply contacted their insurance agent, informed of the situation and was placed on their policy as a household driver; a bit complex because they lived in another state, but easily sorted with online access and a couple phone calls. Emissions check, luckily, did not apply in my state, where I re-titled it. Mom's license had expired and so, I had it titled in my name for future resale. Everyone - from the Ins agent to the DMV staff - were very accommodating and understanding; they deal with this type of thing often and my take is that they're relieved to have responsible family members stepping up and getting things sorted, and that perhaps, too few do.

You'll have to call IL DMV and ask about the best approach because of the emissions standards issue. I think that you'll have to go through that inspection process, if the car is due, whether re-titling for keeping it or for resale. This info should be available online via DMV and will show up once you enter the VIN and either establish an online account or access their existing one. The inspection issue came up on my parents' car when I did a retroactive licensure after the car sat for too many months.

I'd say keep the car if your Mom enjoys hanging onto it and it it eases your ability to do for her when visiting. Just get yourself added as a driver. For an older car, keep basic liability on it. If it makes no diff to your mom and it's any type of drain on the estate and assuming that you have the DPOA authority to do so, sell it and use a transport service while visiting her.

This is but one among many issues that require attention as our beloved parents reach the end of their ability to live safely at home alone. I hope that all goes smoothly for you and I trust that it will.

If the car is her only asset, it might be wise to add your name to the title now. When my dad died one of the cars was in his name only and it meant, in Maryland, that mom had to take it through probate to re-title it.

I can't see why your insurance broker would be any more concerned about insuring you for occasional use of your mother's car in your mother's location than, say, a hire company would be. And it really shouldn't be expensive, either. Is the car kept in a locked garage when you're not there?

If your mother no longer drives, her insurer (you mention adding yourself to her policy, so I assume she still has one?) does need to know that.

In any case, there is never any advantage in concealing relevant information from insurers - if you need to make a claim, any facts that haven't been disclosed could invalidate the policy and you'll be right up a gum tree. So call the broker and see what's on offer. You've had your licence for a long time, clean driving history, all the rest of it, yes?

If your Mother is in hospice, there is no telling how long she will be there. I've read on this forum hospice prognoses that were wildly off. Yes, take her off as a driver if you have the PoA authority to do so. Also, consider it may be less expensive to just sell the car and cancel the insurance and garage fee and then just rent a car when you go to IL? This would be an expense that her assets or estate should cover. Right now used cars sell for way more than they ever have. It may not be the right solution because you don't know how long you'll be commuting back and forth.

In my personal opinion the insurance company may be thrilled to learn that Mom no longer drives this car. As your Mom is apparently not suffering dementia and in care she can add you since you are a relative, on the title. At least this is easily done in California. You then would be on insurance, but you should STILL contact the insurance to be certain you are added as a co owner of the car. Is Mom currently also still paying her own bills, or does the insurance company send bills to you?
Please don't hesitate to call the insurance company. You need this information. If it isn't possible for you to drive her car then you would be able to rent a car for yourself. Better safe than sorry. And you need this information from your own company. I don't know what your OWN insurance looks like, but if you have a strong umbrella clause you should be covered for liability, so call your own company as well.
You really, when you have a serious legal question, should go to those in the know regarding the laws of your state and the rules of your policies. The opinions of a Forum are all well and good, but they are often also all over the place, literally--as we all live in different places and have differing policies. You need the real skivvy so go to those in charge. Wishing you the best of luck.

One of the issues I see in transferring the title, regards Medicaid. If you don’t see your mom needing that in five years, that’s ok… otherwise it could impact the ability to qualify for Medicaid. It is seen as gifting an asset.

wicki100, when my parents had stopped driving, they kept their car so I could drive them if they had appts, etc. Thus, they paid for their car insurance and the personal property tax which my State has. They kept the title in their names.

Some times it is best to leave well enough alone.

You can probably transfer the title to you, while leaving the car in IL. This will reduce the cost of the insurance (and make sure the agent knows the car will be staying in IL).

Insurance usually follows the car, not the driver. If mom's car is properly insured, and she gives you, a family member, permission to drive it, then the car should be covered in the event of an accident. If you titled the car in your name, however, it would likely not be legal to register/insure it in Illinois if you're not a resident there. And depending on where in Illinois your mom is, the insurance there will likely be way cheaper than you would pay in NYC.

I see no reason why you can't call the agent - with mom there, if she is cognitively able to participate in the call - and ask the agent these questions. You're trying to make sure that all of your legal ducks are in a row, so to speak, and there's nothing remotely wrong with mom lending you her car to drive while you're out there. Ask the agent if you should be listed as a driver on the policy. It's a fairly common question, and different states have different rules, so asking the agent for clarification is perfectly ok.