Not over declaring motoring convictions?
Discussion
If a car insurance company asks for “have you ever had motoring convictions” rather than the usual “have you had motoring convictions in the last 5 years” and the penalty points (for minor speeding) expired and were removed, let’s says 8 years ago then can you deny and answer “no” to the question? Under the rehabilitation act the speeding offence can be treated as if it never existed after 5 years can’t it? Thanks
SS2. said:
They can ask whatever they like, but it's an unlawful breach of statutory duty for insurers to rely on endorsements relating to spent convictions in order to disadvantage a driver.
So if a person was to tell the insurance company that they do not have any convictions (because the conviction is spent) can they legally cancel their insurance in case of a claim? Do you think that if they did cancel the insurance then the policy holder/consumer’s complaint will be upheld and the cancellation decision will be reversed?
321boost said:
If a car insurance company asks for “have you ever had motoring convictions” rather than the usual “have you had motoring convictions in the last 5 years” and the penalty points (for minor speeding) expired and were removed, let’s says 8 years ago then can you deny and answer “no” to the question? Under the rehabilitation act the speeding offence can be treated as if it never existed after 5 years can’t it? Thanks
The question is in the last 5 years. If none in the last 5 years you say no. If they ask you have you ever had... the answer is not in the last 5 years."Some of the insurance complaints we deal with involve the customer's failure to disclose "spent" motoring convictions to their insurer. These cases often reveal customers' confusion about whether they must disclose previous convictions. For example, someone applying for motor insurance six years after they were convicted of a drink-driving offence may consider that, since the endorsement remains on their licence for 11 years, they are obliged to disclose the conviction to the insurer. However, under the Rehabilitation of Offenders Act 1974, the conviction is "spent" after five years.
Nevertheless, some firms ask customers applying for insurance: "Have you or anyone who is to drive the vehicle been convicted of any offence within the last five years or had his licence endorsed within the last 11 years-"
A recent High Court decision (in the case, R v DVLA & Another, ex parte Pearson [2002]) indicates that it is an unlawful breach of statutory duty for firms to rely on endorsements relating to spent convictions in order to disadvantage a driver."
Fuller explanation can be found https://www.financial-ombudsman.org.uk/publication...
Nevertheless, some firms ask customers applying for insurance: "Have you or anyone who is to drive the vehicle been convicted of any offence within the last five years or had his licence endorsed within the last 11 years-"
A recent High Court decision (in the case, R v DVLA & Another, ex parte Pearson [2002]) indicates that it is an unlawful breach of statutory duty for firms to rely on endorsements relating to spent convictions in order to disadvantage a driver."
Fuller explanation can be found https://www.financial-ombudsman.org.uk/publication...
The relevant law says
In other words yes, if an insurer did ask if you had EVER had any convictions, and you only had spent convictions, you would have the right to reply "no", and the insurer would have no comeback against you is you did. Additionally, if you did declare a spent conviction it would be unlawful for the insurer to disadvantage you as a result of it, eg by charging you a higher premium. Most insurers only ask about convictions in the last 5 years precisely because the overwhelming majority of motoring convictions become spent after 5 years.
Rehabilitation of Offenders Act said:
Subject to the provisions of any order made under subsection (4) below, where a question seeking information with respect to a person’s previous convictions, offences, conduct or circumstances is put to him or to any other person otherwise than in proceedings before a judicial authority—
(a)the question shall be treated as not relating to spent convictions or to any circumstances ancillary to spent convictions, and the answer thereto may be framed accordingly; and
(b)the person questioned shall not be subjected to any liability or otherwise prejudiced in law by reason of any failure to acknowledge or disclose a spent conviction or any circumstances ancillary to a spent conviction in his answer to the question.
There are exceptions applications for jobs which require a particularly high degree of trust, such as the police, accountancy and jobs which involve working with children, but there is no exception for insurance companies.(a)the question shall be treated as not relating to spent convictions or to any circumstances ancillary to spent convictions, and the answer thereto may be framed accordingly; and
(b)the person questioned shall not be subjected to any liability or otherwise prejudiced in law by reason of any failure to acknowledge or disclose a spent conviction or any circumstances ancillary to a spent conviction in his answer to the question.
In other words yes, if an insurer did ask if you had EVER had any convictions, and you only had spent convictions, you would have the right to reply "no", and the insurer would have no comeback against you is you did. Additionally, if you did declare a spent conviction it would be unlawful for the insurer to disadvantage you as a result of it, eg by charging you a higher premium. Most insurers only ask about convictions in the last 5 years precisely because the overwhelming majority of motoring convictions become spent after 5 years.
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff