New CNH rule allows the use of a private car in the exam, but insurers raise an alert about coverage in case of an accident

Written by Viviane Alves

Published on 26/05/2026 at 10:02

Updated on 26/05/2026 at 10:03

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Contran change allows the use of private cars in lessons and practical exams, but insurance contracts may still leave owners without compensation.

The new rule of the National Driver’s License made way for the use of private cars in practical lessons and the Detran exam.

Since December 2025, the measure provided in Resolution 1.020/2025 of Contran started to apply in some Brazilian states.

The change promises to ease the process for candidates. The main doubt, however, involves the insurance of the vehicle lent to a person still without a driver’s license.

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Insurance may be excluded from the new driver’s license rule

Detran inspector observes driving school cars during a practical driving test on an evaluation track for issuing the National Driver's License. — Inspector accompanies practical driving test in Detran area while driving school vehicles perform evaluation course for obtaining the driver’s license.

The use of the private car changes the declared purpose in the policy.

According to Keila Farias, vice-president of the auto commission of FenSeg, coverage depends on the contracted conditions and the use informed by the insured.

In the entity’s assessment, the market is still analyzing how to adapt products and coverages to this new reality.

For this reason, the owner should consult the insurer or broker beforehand before lending the vehicle.

The recommendation also applies to policies with protection against third-party damages.

Insurers see risk of compensation denial

According to Thales Lemos, auto insurance director at Mapfre, there is no technical coverage for unlicensed drivers.

In this scenario, the insurer may deny compensation if the vehicle is used by a candidate in a practical test.

Damages caused to third parties may also be excluded from coverage, according to Mapfre’s interpretation.

According to Fábio Morita, executive director of Allianz Seguros, this understanding represents a common practice in the market.

Possible damages to the vehicle, medical expenses, indemnities, and legal costs may not be covered by the policy.

The executive also recommends that the journey to the test location be made by a licensed driver.

Lawyers point out gray area about coverage

Detran agent checks driving school car parked on a tree-lined street during inspection related to the practical test of the National Driver's License. — Detran inspector accompanies inspection of driving school vehicle during practical evaluation process for issuing the CNH.

Legal experts heard by g1 disagree on the automatic exclusion of insurance.

According to Marcos Poliszezuk, standard policies require a licensed driver and may treat handing over the car as gross negligence.

Coverage for third parties, according to him, depends on the specific wording of the contract.

Bruno Boris, on the other hand, assesses that the candidate does not drive in a common situation of illegality.

In this case, the test takes place within an official procedure, with authorization and supervision.

Daniela Poli Vlavianos also states that the absence of a CNH alone does not automatically eliminate the duty to indemnify.

In the lawyer’s assessment, it is usually necessary to demonstrate an intentional increase in risk or a direct relationship between the lack of a license and the accident.

What the owner should do before handing over the car

Caution should come before handing over the keys.

The owner must consult the insurer in writing, request a formal response, and check clauses regarding drivers without a driver’s license.

It is also important to analyze risk aggravation rules and keep proof of the exam, such as date, location, and scheduling.

The new driver’s license rule may make life easier for candidates. However, the insurance may not automatically follow this change.

The DMV may authorize the use of a private car, but the policy may leave the owner uncovered in case of an accident.

Would you lend your car for a driving test knowing that the insurance might not cover possible damages?

New CNH rule allows the use of a private car in the exam, but insurers raise an alert about coverage in case of an accident

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New CNH rule allows the use of a private car in the exam, but insurers raise an alert about coverage in case of an accident

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