Potental change to insurance declaration requirements

[mrsrockguru]

Hi forum members,

Im putting this up for discussion, the background to this are the March 10th changes to the impletation of "The Rehabilitation of Offenders Act" the peticular pertinent change is that a fine is now viewed as being spent after 1year rather than the proceeding implementation of 5yrs. My interpretation is that after 1year you no longer have to inform your insurance company of any previous convictions. The Ministry of Justice appears to be somewhat reticent in replying to my query as per the copied emails below, I hope this leads to some interesting discussion.

Alyson


-------- Original Message -------- Subject: Fwd: Rehabilitation of the Offenders Act Changes and Motor Vehicle Insurance Date: Thu, 27 Mar 2014 10:39:51 +0000 From: Aly <[email protected]> To: [email protected] CC: [email protected], [email protected]

I sent this to the Ministry of Justice on the 10th March 2014, as yet have recieved no reply. Is it possible that this ramification has not been consided when the legislation was discussed.

Again in anticipation of a reply

A Warren


-------- Original Message -------- Subject: Rehabilitation of the Offenders Act Changes and Motor Vehicle Insurance Date: Mon, 10 Mar 2014 11:49:49 +0000 From: Aly <[email protected]> To: [email protected]

Sir, With respect to todays changes to the period after which a conviction becomes spent, I would seak clarification as to how long a previous conviction must be disclosed when appling for motor insurance. After reading the changes to the period after which a conviction becomes spent, my interpetation is that one need not disclose a motoring conviction which was only a fine after a period of One year after convicition. Could you please confirm this interpetation is correct, and that this has been disclosed to the companies involved in the selling or brokering of Motor Vehicle Insurance. Yours In Anticipation A Warren

 

[varesecrazy]

Hi,
interesting point..,

maybe ring a decent sized insurance company.. and see what thier " official policy" is..,

I think you'll wait a LONG time on a gov't department..,


Charlie

 

[Most Easterly Pandas]

Official policy is to answer any of their questions as asked.

If they ask if you've ever had any convictions then you tell them, they'll either be fine with it or they won't (you'll either meet their risk criteria or not)

"Have you or any person to be insured by this policy ever been convicted of or cautioned for (or charged but not yet tried with) any criminal offence." For example.

 

[mrsrockguru]

If they ask you if you have ever been convicted, if the conviction is spent within the meaning of the act the answer is lawfully NO...

Aly

 

[Ziggy122]

Most tend to say - have you had any convictions in the last 3 years
Motoring / civil - Criminal etc

So regardless of the laws "1 year" the insurance asks - you have to say yes

Last thing you want is to be done for no insurance because you didnt declare something

Ziggy

 

[Most Easterly Pandas]

If they ask you if you have ever been convicted, if the conviction is spent within the meaning of the act the answer is lawfully NO...

Aly

Nope. They've don't ask have you got any current convictions, they ask it exactly as I've quoted above. If so then it's irrelevant if it's spent or not as that is not what you're being asked

It's no different to points on your license. Most will ask about any added on in the last 5 years - the fact they're only recorded for the purposes of totting for for 3 years and can be removed from your license after 4 is irrelevant.

 

[jrkitching]

Nope. They've don't ask have you got any current convictions, they ask it exactly as I've quoted above. If so then it's irrelevant if it's spent or not as that is not what you're being asked

It's no different to points on your license. Most will ask about any added on in the last 5 years - the fact they're only recorded for the purposes of totting for for 3 years and can be removed from your license after 4 is irrelevant.

Under the Rehabilitation of Offenders Act 1974, spent convictions do not have to be disclosed to insurers, even if asked.

"The Act also gives applicants the right not to disclose spent offences relevant to the risk that the insurers will underwrite. For example, spent motoring convictions are not required on a proposal form for motor insurance"

Link here

The issue of motoring endorsements was supposed to be addressed before the changes came into force; in the previous ROA guide they are listed separtely to fines and become spent after five years.

AIUI, the industry is moving toward a system where insurers will obtain your driving record directly from DVLA, removing the need to disclose your driving history at renewal time.

 

[Most Easterly Pandas]

Under the Rehabilitation of Offenders Act 1974, spent convictions do not have to be disclosed to insurers, even if asked.

Interesting, its only in the first PDF

Once a conviction is ‘spent’ under the Rehabilitation of Offenders Act 1974 (ROA), it never has to be disclosed to insurers. This is the case no matter what question an insurer asks you. The table has examples of the current ROA, although this is due to change in late 2013. Fixed penalty notices and pending prosecutions will need to be disclosed if you are asked.

Everything else has to be declared though, if asked, but only if asked. If they don't ask then that is their issue.

 

[oldskoolmk1unoturbo]

any convictions which are classed as spent do not have to be declared, nor if the insurance companys know about them are they to be taken into consideration,

insurance companys are not above the law,