According to the New York Insurance Department an insurance company can automatically include your child to your insurance policy. Insurers are permitted to consider all resident operators of an insured vehicle in the rating of an automobile policy, including a child, even when he/she may only have a learner's permit.

This is because insurers are permitted to use classifications that reflect a possible exposure for liability on the part of the insurer, in the event that bodily injury or property damage occurs due to that child's operation of the vehicle. Such a "limited use" classification, however, reflects the reduced likelihood of an incident due to "occasional" operation by a youthful driver, and is rated lower than if that person were the "principal operator". In addition, children living away at school (over 100 miles) are generally eligible for a reduced rate.

While this information does not state directly that you can be back-charged for your son, if your insurance carrier is doing so then it probably is allowed by NY laws or statutes. This would be due to the fact that you should have informed your insurance company of your son's licensing status when he first began to drive. Your friend that gave you information stating otherwise mislead you because most insurance companies require their policyholders to list all household licensed drivers and if a child becomes licensed to notify them when this occurs. Not doing so could be found to be misrepresentation, a form of fraud by some insurers or states.

To find out for certain if what your insurance company is doing is allowable by New York State law contact the NYS Insurance Department. There consumer division should be able to inform you if you have a choice or not to pay this back charged amount for your son.