New car, car insurance: additional drivers in contract?

Transportation, Travel and Trips
1
New car, living with my partner in same household. She will drive it all 50/50 with me but I am the only policyholder, even though I mentioned it's going to be 2 drivers.

I have been reading here that the car insurance is tied to the car, which is new to me as I am used to being tied to drivers in my home country.

So if me and my partner drive the car and the insurance is in my name then it doesn't matter who has a crash/accident, we're treated the same?

What if I lend the car to my father who visits here once a year and he has an accident? Is it the same?

Of course I'd expect premium increases after a claim no matter who crashes, that's ok. But the insurance can't refuse to pay, regardless of who drives the car?

2
Anyone can drive the car, even thieves.

And if you have a no-claims-bonus-protection, they can even crash it once a year with no increase in premium!

Tom

3
Well, the rule used to be:

If a driver has an accident with someone elses car, the driver's third party liability will have to pay in the end.

BUT

If the person driving the car lives with the person owning the car, they suppose the person drives it regularly = the third party liability of the driver will refuse to pay.

Has that changed?

4
I do not know. But at least since 19. Dezember 1958, the holder (Halter) is ultimately liable (Art. 58 SVG https://www.admin.ch/opc/de/classifi...dex.html#a58)::)

"If a person is killed or injured or material damage is caused by the operation of a motor vehicle, the holder is liable for the damage.

If a traffic accident is caused by a motor vehicle not in operation, the holder is liable if the injured party proves that the keeper or persons for whom he is responsible are at fault or that a faulty condition of the motor vehicle was the cause.

The holder is also liable, at the judge's discretion, for damage resulting from the providing help after accidents involving his motor vehicle, provided that he is liable for the accident or the help was provided to himself or the occupants of his vehicle.

The holder is responsible for the fault of the vehicle driver and helping assistants as if he were to blame for himself."

and in Art. 59 the follwing exclusion

"The holder is released from liability if he proves that the accident was caused by force majeure or gross negligence on the part of the injured party or a third party without himself or the persons for whom he is responsible being at fault and without a faulty condition of the vehicle having contributed to the accident.

"

"persons for whom he is responsible" means rightful drivers and users of the car .

If there was a change it must have been before 1958.

Because this is such a broad term which put a lot of financiabl liability on the holder, there is the follwing clauses which protects the keeper from financial suicide (Art. 63 https://www.admin.ch/opc/de/classifi...dex.html#a63)::)

"No motor vehicle may be put into public traffic before liability insurance has been taken out in accordance with the following provisions."

The liability insurance does not have to pay if:

- Claims of the keeper for material damage caused by persons for whom he is responsible according to this law;

- Caims for damage to property of the spouse, the registered partner of the holder, his relatives in the ascending and descending line and his siblings living with him in the same household;

- Claims for material damage for which the keeper is not liable according to this law;

- Claims arising from accidents in races for which the insurance provided for in Article 72 exists.

5
Yes, usually. Though when my daughter creased someone's car while attempting to park my car, because she is under 25, the excess was 1000CHF, rather than CHF250.

Yes. But your insurer may try to claim against his liability insurance, if he has any.

We recenlty loaned our car to a friend to drive to Englad and back. She already has liabiltiy insurance, so the only thing she needed was a signed formed from us indicating she was driving it with our permission. She needed that, in case she was stopped in abroadland and questioned about the ownership, since the car is not registered to her.

People who live at the address the car is registered to don't really need that kind of document, and it isn't needed within Switzerland.

6
Thanks all!

7
Just a little warning if you loan the car to an EU resident (citicenship does not mater). An EU resident can not simply drive a Swiss registered car into the EU customs area (just like a Swiss resident can not simply drive an EU registered car into Switzerland) w/o doing some customs paper work first. If you do not get a customs exemption the driver might face a high fine for sumgglig and the car might even get impounded. Check with EU customs under what condition you can get an exemption.

This is not an issue for Swiss an non-EU residents. But give them a signed form that they are allowed to use the car.

Best when signed at a notary (Cost apporx CHF 20) plus leaglized with an Apostille (Costs approx another CHF 20, available at your cantons chancelry)

Here a template with 7 languages (DE, FR, IT, EN, ES, HR, RS)

https://www.zurich.ch/-/media/zurich...onen.pdf?la=de

8
Okay, the rule I mentioned is still valid .

As your girlfriend will use the car on regular basis, specially including <<«Führen fremder Motorfahrzeuge>> into her third-party-insurance won't work either.

So you better check well with your insurance to get this right. As there are many couples living together, sharing cars now-a-days I'm sure they have a solution for this.

9
Personal 3 party liability will exclude motor vehicles, thats nor what it's for. The car's 3rd party insurance will pay if the car has Swiss plates regardless if the premium has been paid or not.

10
Yes, that's not the problem.

The problem is the car's insurance will "Regress nehmen", go after the girlfriend. I got the impression that is the problem, OP wants to solve.

11
A bit OT, but your father will need accident insurance that covers him here (abroad from his POV). Otherwise his injuries may not be covered if he causes an accident where he gets hurt, or if he simply falls down the stairs.