Blackswanwood
Still Learning
If a ban is for less than 5 years it is spent 5 years after the date it came into effect. You do not need tell anyone about a spent conviction (even if asked).
REJECTION OF VEHICLE INSURANCE CLAIMS.
- Thread starter Yorkieguy
- Start date
Help Support UKworkshop.co.uk:
John Brown
Freeloading Social media influenza
I was banned over 40 years ago. I am always scrupulous about insurance applications, but I cannot remember having to declare that ban for decades.
Yorkieguy
Established Member
Under the Road Traffic Act 1998, it is an offence to withhold relevant information when applying for car insurance, so you’re legally obliged to declare penalty points to your insurer. Points are considered ‘spent’ after five years has passed, so an insurer is legally not allowed to increase your premium after this.
Essentially, if an insurance company asks and your points are still on your licence (but your conviction is spent) it is commonly accepted that you should declare it. However, as the financial ombudsman states, if an insurance company cancels your policy after finding out, they will uphold a complaint against the company.
Most expired conviction code endorsements will automatically be removed from your driving record when they’re no longer valid. The length of time they stay on your record depends on how serious the offence was. For example, if you were convicted of drink driving, you have a 'DR10' endorsement on your driving licence, your endorsement will stay on your licence for 11 years from the date of the conviction. The reason for that is that a second drink drive offence within ten years of the first conviction will result in a minimum of 3 years disqualification.
Source:
https://www.keithmichaels.co.uk/con... Traffic Act,increase your premium after this
Essentially, if an insurance company asks and your points are still on your licence (but your conviction is spent) it is commonly accepted that you should declare it. However, as the financial ombudsman states, if an insurance company cancels your policy after finding out, they will uphold a complaint against the company.
Most expired conviction code endorsements will automatically be removed from your driving record when they’re no longer valid. The length of time they stay on your record depends on how serious the offence was. For example, if you were convicted of drink driving, you have a 'DR10' endorsement on your driving licence, your endorsement will stay on your licence for 11 years from the date of the conviction. The reason for that is that a second drink drive offence within ten years of the first conviction will result in a minimum of 3 years disqualification.
Source:
https://www.keithmichaels.co.uk/con... Traffic Act,increase your premium after this
Blackswanwood
Still Learning
That source has failed to point out that there is a specific provision in the Rehabilitation of Offenders Act that you do not need disclose a spent conviction when applying for insurance.
I’m pretty sure (but haven’t checked) that this is reinforced by the Insurance Act which made changes to what insurers can ask and how they have to go about it.
The .gov website reliably confirms how long before motoring convictions are spent.
Last edited:
ILikeGarages
Member
Many years ago I had bought a new Citroen AX (mark 1). I had an accident within 12/18 months, where I hit a wall with both the front and rear of the car (yes, same wall in the same incident...lots of spinning involved).
The insurance company were 50:50 to scrap or repair...they decided to repair. When the Citroen main dealer doing the work were submitting costs, the insurance company said they would only pay 1/3 of the 'lock cylinder pack' because the pack of 3 were not needed, only the one for the hatchback as the door locks were not affected. The garage said to them that they could not order single cylinders and anyway, it would not be very nice to expect the owner to have to carry a multitude of keys.
Not a rejection, but pettyness and jobsworthiness to the n'th, I hope you'll agree.
An interesting footnote:
After the car was repaired, it never felt quite right. About 3 months later I took the car back to the main dealer to part-ex against a new mark 2 Citroen AX.
The salesman checked it over and asked if it had ever been in an accident (I think the replacement, unbranded number plates gave it away).
Me: "oh yes, quite a bad one"
Salesman: much sucking through teeth..."oh that is going to affect the value on what we can allow against your new car"
Me: "Really???? But...it was repaired by you to a standard 'to put me back in the position I was before the accident'. Are you saying your repair did not do that, because if you are......or are you saying that the car IS back to how it was pre-accident and you can allow me top book price for it?"
Salesman: "It really is a lovely example of a much cared for vehicle, let me see what I can do" (runs off to the sales manager and comes back with a rather splendid valuation.
The insurance company were 50:50 to scrap or repair...they decided to repair. When the Citroen main dealer doing the work were submitting costs, the insurance company said they would only pay 1/3 of the 'lock cylinder pack' because the pack of 3 were not needed, only the one for the hatchback as the door locks were not affected. The garage said to them that they could not order single cylinders and anyway, it would not be very nice to expect the owner to have to carry a multitude of keys.
Not a rejection, but pettyness and jobsworthiness to the n'th, I hope you'll agree.
An interesting footnote:
After the car was repaired, it never felt quite right. About 3 months later I took the car back to the main dealer to part-ex against a new mark 2 Citroen AX.
The salesman checked it over and asked if it had ever been in an accident (I think the replacement, unbranded number plates gave it away).
Me: "oh yes, quite a bad one"
Salesman: much sucking through teeth..."oh that is going to affect the value on what we can allow against your new car"
Me: "Really???? But...it was repaired by you to a standard 'to put me back in the position I was before the accident'. Are you saying your repair did not do that, because if you are......or are you saying that the car IS back to how it was pre-accident and you can allow me top book price for it?"
Salesman: "It really is a lovely example of a much cared for vehicle, let me see what I can do" (runs off to the sales manager and comes back with a rather splendid valuation.
My BMW has a limit button on the steering wheel, once the desired speed is obtained push the button and it then needs a concerted push on the accelerator to exceed the selected speed, the pedal feels dead at that speed, useful in France with its multitude of cameras and sneaky 50kph limits between 70kph roads or worse the 90kph limits on duel carriage ways and restrictions half way along the road especially around feeder lanes.
The insurance companies use the word ‘ever’ so surely it’s their game, their rules?
Blackswanwood
Still Learning
No - insurance is governed by the laws of the UK with an ombudsman who makes sure insurers play fair. My earlier answer is correct - the Rehabilitation of Offenders Act and Insurance Act are the key pieces of legislation if you want to check.
There is nothing to stop you disclosing if in doubt.
Lons
Established Member
The only reasons I can think of for not disclosing are potential increased costs or the fear of insurance refusal both of which could be construed as being less than honest. The key is answer every question truthfully and be happy that you've done your part.
If there is no obligation to reveal something like a spent conviction or an accident over the 5 years usually stated then that's perfectly acceptable and legitimate not to disclose.
Thank you for explaining that. Lucky for them as they, like me, were unaware.
Not sure if this is the right thread to ask for insurance suggestions- I have a mix of one car and 4 vans all used for work purposes and a bit of leisure. I'm somewhat new to the sector so it never occurred to me that I can get a fleet insurance for these vehicles until recently. I have always gone on price comparison websites and got individual quotes which has been a pain to keep track of the due dates and claims and stuff given I have multiple vehicles and I work by myself so not a lot of admin support either. Should I continue with what I got in terms of insurance or should I consider reaching out to a broker or fleet insurance provider? Not sure where to start either. I'm cash tight so don't want to spend too much on fleet insurance if it means the convenience comes at a cost.
Sachakins
The most wasted of days is one without woodwork
Think broker as a start.
It all goes mammary glands up when they are involved in an accident or need to make a claim, then they find out it is not valid because they failed to declare certain info so have paid out for nothing and could be convicted of driving without insurance.
An insurance company would still have to show that the windows materially affected the outcome of the accident etc.
The reality is that they can't retrospectively say that it shouldn't have passed an MOT if it did
And even without an MOT - you are still insured - an insurance company can only use the condition of the car to decline if you should have kept the car in a better condition - and the issue affected / caused the claim - e.g. a rear light not working and you drive into someone else - not relevant, MOT may not have been passed, but didn't affect the accident so the insurance must pay out - rear light not working and someone else drives into you when you brake because there is no light - could be seen to have materially affected the accident...
in no circumstances are you uninsured because you have no MOT - that is one of the great insurance myths
you can be uninsured because you do not keep your car maintained to a roadworthy standard, but a car can have no MOT and be roadworthy / have an MOT and not be roadworthy
