Driving bans and insurance declarations.
Discussion
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?
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?
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. "I was only driving because I'm too pished to walk"?
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.
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.
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.But at the same time I also think that may refer to how long points for drinking offences stay on your license for.
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.
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
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.
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...
http://www.drinkdriving.org/drink_driving_informat...
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...
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
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.
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.Edited by Aretnap on Wednesday 15th July 07:56
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!
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff