Can a car French insurer refuse to offer cover based on age?

Reader Question: I am nearly 90 years old. Could my French car insurer one day stop my cover because of my age. Is this legal? 

All drivers in France need insurance for their vehicle. 

Insurance companies can unilaterally cancel a contract under two conditions: 

• If a claim was caused by a driver who was under the influence of alcohol or drugs

• If a claim was caused by a driver who was driving committing a driving offence

If one of these cases apply, and the driver’s licence was suspended for at least one month, then the insurance company can cancel the policy, as Article A211-1-2 of the French insurance code states.

However they cannot cancel or refuse to renew a policy without a good reason to do so.

This includes on the basis of age, both for elderly and younger/new drivers.

This would be likely to be seen as illegal discrimination, which puts a firm at risk of serious penalties including substantial fines and even prison sentences. 

Read more: Can companies refuse to send tradespeople to non-French speakers?

Aggravation of risk is justifiable reason

In addition to the above rules, insurers can cancel contracts under certain conditions where they have a justifiable reason for doing so. 

This includes for non-payment, providing false information, or failing to update them on significant issues affecting your driving. 

They are entitled to stop a contract if they deem that the risk of insuring the driver has significantly increased due to a change in their circumstances, including how the car is used or kept, for example. This issue of aggravation of risk (aggravation du risque) is covered in the Insurance code in Article L113-4. 

The simple fact of getting older would not in itself be sufficient for this to be the case. 

If, however, you believe the circumstances around your driving have changed, and an accident may be more likely, you are legally required to inform your insurer within 15 days of the new situation.

If an insurer believes the risk of a claim has increased due to this new information – to a point where if taken out that day, the premium would have increased or it would not have offered a policy – they can choose to increase its price or cancel the contract, providing a refund of any payments for periods that will no longer be covered.

If the policy holder does not respond to a letter from their insurer, the insurance is cancelled after 30 days. 

However, insurers can no longer invoke this as a justifiable reason for cancelling a contract if they collect a further set of premiums based on the current policy.

Consequences for failing to inform the insurer of new risks are included in your policy, and may include cancellation without compensation. 

Remember, France does not systematically require elderly drivers to pass medical checks, so it is up to you to judge if your risk of an accident has increased.

Having said this, people of any age who develop new health conditions or disabilities that may make driving unsafe should undergo a medical with a doctor on a list available at prefectures, to ensure they may maintain their licence.

Read more: Report older drivers who are potentially dangerous, prompts French prefect