Cut Off at 85? The Shocking Reason Some Older Drivers Are Denied Courtesy Cars
Many drivers have paid their car insurance premiums for decades, made no claims, driven safely all their life and are being denied insurance because they are over 85.
This is becoming increasingly common with an aging population, and it’s a topic I have recently been asked to give advice on.
No Law Against It - So Why the Ban?
There is no legal age limit for having a courtesy car after an accident. If you are medically fit and hold a valid driving licence, you are legally entitled to drive whether you are 55 or 95.
Many insurers impose age-based restrictions based on third-party hire car companies that insurers contract with. Many of these firms won’t supply a car to anyone over the age of 75 or 80, even if the driver has a clean licence and is in good health, due to perceived higher risk and cost.
Many motorists over the age of 85 are unable to access courtesy cars in the event of an accident through no fault of their own.
Is This Legal? Or Just Lazy Risk Profiling?
Insurers rely on algorithms and risk profiling that reflect higher costs or claims from older drivers, but that’s no excuse for a blanket ban. Insurers are deliberately vague about it for fear of discrimination.
Experience does count up to a point, but unfortunately so does age. As people get very old, their concentration may fade, observation suffers, reflexes are not what they were and sadly they are also are not very good at judging for themselves that it might be time to stop driving.
This isn’t about safety. We don’t all suddenly lose our reflexes at 80 - it’s not a switch that flicks off. Many drivers in their 80s are more cautious than drivers in their 20s. Fitness to drive is personal, not statistical.
This kind of broad-brush treatment can amount to age discrimination under the Equality Act 2010.
Insurers may try to hide behind vague policy wording or push the blame onto hire companies, but that doesn’t wash.
How the FCA Consumer Duty Applies to This Case
Under the Financial Conduct Authority (FCA) Consumer Duty, which came into force on 31 July 2023, insurers must act to:
Deliver good outcomes for retail customers
Avoid foreseeable harm
Provide fair value
Support customer understanding and needs
Foreseeable Harm
It is clearly foreseeable that a driver over 85 who is left without a courtesy car after an accident could suffer significant disruption, isolation or hardship - especially if they rely on their car for independence.
Denying access to a courtesy car that was implied as part of the policy without proper warning is a clear breach of this duty.
Fair Value
A policy that includes the promise of a courtesy car, but restricts that service due to age fails the test of fair value.
Denying a courtesy car due to age is neither transparent nor fair.
Consumer Understanding
Insurers must ensure that customers fully understand what they are buying, including any limitations or exclusions like age cut-offs.
If these restrictions are buried in small print or only come to light when a claim is made, the insurer could be in breach of the Duty’s requirement to communicate “in a way that’s clear, fair and not misleading.”
Meeting Customer Needs
Insurers must consider the characteristics of vulnerability including age.
Older customers are explicitly recognised as a group that may need additional protections. Blanket bans with no assessment of individual ability or fitness ignore this duty.
Consumer Rights Act 2015
The Consumer Rights Act 2015 has a fairness test.
Key terms of a contract need to be clear, bold, prominent and transparent. They cannot be buried in the small print.
Section 62 of the Consumer Rights Act 2015 has a requirement for contract terms and notices to be fair.
An unfair term of a consumer contract is not binding on the consumer. A term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations under the contract to the detriment of the consumer.
Section 68 of the Consumer Rights Act 2015 has a requirement for transparency.
What You Can Do: Push Back, Don’t Be Fobbed Off
These are contractual terms and can be viewed as age discrimination under the Equality Act 2010, unfair terms under the Consumer Rights Act 2015 and breach FCA Consumer Duty rules and should be challenged.
Here’s how I advise people to challenge this unfair practice:
Ask the insurer:
I always push back on these types of disputes by asking, “Please direct me to the paragraph in your terms and conditions which states I am ineligible for a courtesy car because of my age.”
I would also ask, “Please explain how this aligns with FCA Consumer Duty rules which you are duty bound to adhere to?”
Request written confirmation:
Ask for the policy document or terms, with the relevant clause highlighted that explains why they cannot provide a courtesy car due to your age.
This makes it tricky for firms to rely on any fob offs with contract disputes.
Complain directly to the insurer:
Don't let them blame the car hire firm. Your contract is with the insurer. Highlight that this may breach the Equality Act 2010 and FCA Consumer Duty rules and constitutes unfair treatment.
Escalate to the Financial Ombudsman Service (FOS):
If you cannot resolve your complaint, ask for a deadlock letter (final response) so you can escalate it to the Financial Ombudsman.
The FOS often upholds complaints where insurers apply unfair or unclear restrictions.
Plan Ahead and Shop Around
If you or a loved one is over 75, check for courtesy car eligibility before you renew your car insurance:
Does the policy guarantee a courtesy car, regardless of age?
Some specialist insurers do offer this, particularly for older drivers.
Get it in writing.
Don’t rely on vague promises. Ask for the policy terms before you buy.
Finally
Older drivers deserve respect, not restrictions. If you are fit to drive, you are fit to be treated like any other customer. Don’t let insurers get away with lazy blanket bans or brush-offs. Push back, ask questions and escalate if necessary.
Have you or someone you know been denied a courtesy car because of age? I’d love to hear your story. Drop me a message or comment below.