Driving bans and insurance declarations.
Driving bans and insurance declarations.
Author
Discussion

bloomen

Original Poster:

10,199 posts

189 months

Tuesday 14th July 2015
quotequote all
I'm hoping someone can clear this up for me as it's been bugging me for a bit.

A pal of mine recently finished a five year ban for drink driving. He seems to reckon that if he waits for a short time he'll be over the five year insurance claims and convictions declaration thing and he'll be 'clean' in the eyes of insurance companies.

I really can't believe this is true. Otherwise people who mow down armies of school children could be banned for longer and then waltz straight back in without having to inform an insurer.

I know drink driving stays on your licence for 11 years but most insurers only seem to ask the five year question.

Does anybody have any experience of this?

gsxr renegade

126 posts

145 months

Tuesday 14th July 2015
quotequote all
I'm no expert, but if the question being asked is along the lines of "Have you received any driving convictions in the last 5 years" surely as long as he's not been prosecuted for any driving offences after 13th July 2010, he can truthfully answer "No".

CanAm

14,102 posts

302 months

Tuesday 14th July 2015
quotequote all
Google Power v Provincial Insurance.

TooMany2cvs

29,008 posts

156 months

Tuesday 14th July 2015
quotequote all
bloomen said:
A pal of mine recently finished a five year ban for drink driving.
Jesus.

"I was only driving because I'm too pished to walk"?

bloomen

Original Poster:

10,199 posts

189 months

Tuesday 14th July 2015
quotequote all
TooMany2cvs said:
Jesus.

"I was only driving because I'm too pished to walk"?
This was his sixth or so ban and he's done multiple jail time for it.

That's what I find so weird about this. Surely the time banned should be taken into account. It's dead easy to not get any convictions if you're not allowed anywhere near a vehicle.

anonymous-user

84 months

Tuesday 14th July 2015
quotequote all
5 year ban? If that's true he must have either been close to alcohol poisoning, it was not his first offence or something else must have happened. I've never come across a 5 year ban for a simple did before - then again every day is a school day.

TooMany2cvs

29,008 posts

156 months

Tuesday 14th July 2015
quotequote all
bloomen said:
This was his sixth or so ban and he's done multiple jail time for it.
You need to pick your mates more carefully.

Black_S3

2,847 posts

218 months

Tuesday 14th July 2015
quotequote all
bloomen said:
This was his sixth or so ban and he's done multiple jail time for it.
He can be as smart as he wants about this one then, it really wont make a difference to the price of his insurance.

Ganglandboss

8,558 posts

233 months

Tuesday 14th July 2015
quotequote all
You are not obliged to volunteer information unless the insurer requests it, this is enshrined in statute by the Consumer Insurance Act. If the insurer asks if he has had any convictions or endorsements in the last five years, and he can answer 'no' truthfully, he does not have to tell them about his previous, even if he is a cock.

Rick101

7,190 posts

180 months

Tuesday 14th July 2015
quotequote all
In answer to your question. Yes, can be better to get clear an not have to declare. A short ban and reinstated clean licence is often a better option.

Some additional advice, avoid this person.

Ki3r

8,902 posts

189 months

Tuesday 14th July 2015
quotequote all
For some reason I've got in the back of my head that insurance companies ask for drink driving in the last ten years.

But at the same time I also think that may refer to how long points for drinking offences stay on your license for.

anonymous-user

84 months

Wednesday 15th July 2015
quotequote all
Ki3r said:
For some reason I've got in the back of my head that insurance companies ask for drink driving in the last ten years.

But at the same time I also think that may refer to how long points for drinking offences stay on your license for.
Wrong. The offence stays on the license for 10 (11?) years but insurance only asks about the last 5. Mainly, I believe, due to the rehabilitation of offenders act.

Aretnap

1,977 posts

181 months

Wednesday 15th July 2015
quotequote all
Under the Rehabilitation of Offenders Act the conviction becomes spent five years after the date of conviction or when the ban expires, whichever is longer. Unless he got a (suspended or immediate) prison sentence as well, in which case it can take longer. Once spent he does not have to tell insurers about it even if they ask - Power v Provincial insurance.

So no, he doesn't have to tell his insurers, and his premiums will not be affected by it.

Added: And on the prison thing, under the reforms to the ROA a year or two ago the rehabilitation period only becomes longer than 5years if the prison sentence is for 12 months or more. As the maximum for drink driving is 6 months that's presumably not an issue for him.

Edited by Aretnap on Wednesday 15th July 07:56

anonymous-user

84 months

Wednesday 15th July 2015
quotequote all
After 6 DD convictions I am amazed that the DVLA allow him to have a licence.

TooMany2cvs

29,008 posts

156 months

Wednesday 15th July 2015
quotequote all
garyhun said:
After 6 DD convictions I am amazed that the DVLA allow him to have a licence.
Quick look at the magistrate's sentencing guidelines shows 60mo to be the longest possible ban.

Basically, this guy's spent probably almost all of the last twenty years banned for drink driving, with brief periods of having a licence.

Aretnap

1,977 posts

181 months

Wednesday 15th July 2015
quotequote all
The DVLA does require high risk offenders to take a medical exam to show that they don;t have a drink problem before they can get their licences back. High risk offenders are essentially those who were way over the limit, those with multiple convictions, or those who fail to provide a sample.

http://www.drinkdriving.org/drink_driving_informat...

V8forweekends

2,501 posts

154 months

Wednesday 15th July 2015
quotequote all
My recollection is of a question about ever having been banned from driving or had insurance refused or cancelled - surely that (if it's still asked) would cover this?

anonymous-user

84 months

Wednesday 15th July 2015
quotequote all
Aretnap said:
The DVLA does require high risk offenders to take a medical exam to show that they don;t have a drink problem before they can get their licences back. High risk offenders are essentially those who were way over the limit, those with multiple convictions, or those who fail to provide a sample.

http://www.drinkdriving.org/drink_driving_informat...
I believe they are also required to take a re-test.

http://www.drinkdriving.org/drink_driving_informat...

"The discretion to order a retest is likely to be exercised where there is evidence of inexperience, incompetence or infirmity, or the disqualification period is lengthy (i.e. a number of years)."

Edited by anonymous-user on Wednesday 15th July 10:07

anonymous-user

84 months

Wednesday 15th July 2015
quotequote all
V8forweekends said:
My recollection is of a question about ever having been banned from driving or had insurance refused or cancelled - surely that (if it's still asked) would cover this?
I've never been asked that.

grumpyscot

1,293 posts

222 months

Wednesday 15th July 2015
quotequote all
Aretnap said:
Under the Rehabilitation of Offenders Act the conviction becomes spent five years after the date of conviction or when the ban expires, whichever is longer.
Edited by Aretnap on Wednesday 15th July 07:56
Does this not mean, then, that the conviction was ACTIVE for 5 years - i.e. right up to the final date - so must terefore be declared. What I mean is, the conviction starts in, say, March 2010 but doesn't end until March 2015. Therefore until March 2020 he will have been convicted within the last 5 years. Therefore he has to declare it.

If not, I'm pretty sure any insurance company would fight it tooth and nail if he ever claimed!

But are we not forgetting that most insurance companies now have access to driving license records 9since they are all online now) so could easily check a driver's history - if they wanted to!