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car insurance void ( A while ago now)

Last post Tue, Mar 25 2014, 8:53 AM by rajkanwar321. 18 replies.
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  •  Tue, Mar 25 2014, 8:53 AM

    Re: car insurance void ( A while ago now)

    Hmm.. quite interesting to see. I want to check with my financial adviser and liberty videocon car insurance regarding the same.
    • Post Points: 5
  •  Mon, Feb 10 2014, 9:57 PM

    Re: car insurance void ( A while ago now)

    dacouch:Read the Ombudsmans on this http://www.financial-ombudsman.org.uk/publications/ombudsman-news/25/25-disclosure-of-spent-motoring-convictions.htm

    That is helpful and confirms that Insurers cannot use the spent conviction information.

    The FOS article is from 2003 and I wonder whether anything has changed. Has there been another case precedent since ?

    • Post Points: 20
  •  Mon, Feb 10 2014, 9:44 PM

    Re: car insurance void ( A while ago now)

    Read the Ombudsmans on this http://www.financial-ombudsman.org.uk/publications/ombudsman-news/25/25-disclosure-of-spent-motoring-convictions.htm
    • Post Points: 20
  •  Mon, Feb 10 2014, 9:24 PM

    Re: car insurance void ( A while ago now)

    A DD10 endorsement in on a licence for 11 years from the date of conviction. As the law webstite points out, the endorsement is not part of the rehab covering disclosure of the actual punishment.

    I can see what you are saying about the rehab act not requiring this to be disclosed per the NACRO info, but this has been subject to a healthy debate before. I think Chris from the Unlock charity was looking into this with the ABI going back a few years.

    Actually Unlock report some progress which may help people.

    http://unlock.org.uk/staticpage.aspx?pid=192

    If an Insurers ask for full disclosure of all endorsements that are still current on a licence and they are not disclosed, even though spent at the time of the application, it makes it an interesting legal argument. Hence the advice to get some legal help, if they are subject to any court actions.

    • Post Points: 20
  •  Mon, Feb 10 2014, 9:00 PM

    Re: car insurance void ( A while ago now)

    huckster:
    dacouch:
    huckster:

    Dacouch

    According to what I have read, it is the punishment that comes under the rehabilitation of offenders act. Apparently the actual endorsement on a drivers licence is not covered by the act and there is law covering the relevant period for the licence endorsements. When making a declaration to Insurers you have to tell them of all endorsements that are current on the licence. If you don't then the Insurance could be considered void.

    Where did you read that? The endorsement stays on the licence for the DVLA's and courts benefit http://www.nacro.org.uk/data/files/rehabilitation-of-offenders-act-1974-789.pdf http://www.financial-ombudsman.org.uk/publications/ombudsman-news/25/25-disclosure-of-spent-motoring-convictions.htm

    It was this, but it is also quoted elsewhere

    http://www.lawontheweb.co.uk/Road_Traffic_Law/Rehabiliation_of_Offenders_Act.

    It is under the section Driving Endorsements.



    Which says

    "Because an endorsement does not fall under the relevant part of the Act, not being a ‘disability, prohibition or other penalty’, it does not have any effect on rehabilitation periods for road traffic convictions. If a driver were to be fined for an offence and also have their licence endorsed, the rehabilitation period would be defined by the rehabilitation period for a fine, and the endorsement would not factor in at all."

    and the rehabilitation period for a fine being five years

    "Fine 5 years; 2½ years if under 18 when convicted"

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

    http://www.nacro.org.uk/data/files/rehabilitation-of-offenders-act-1974-789.pdf
    • Post Points: 20
  •  Mon, Feb 10 2014, 8:47 PM

    Re: car insurance void ( A while ago now)

    dacouch:
    huckster:

    Dacouch

    According to what I have read, it is the punishment that comes under the rehabilitation of offenders act. Apparently the actual endorsement on a drivers licence is not covered by the act and there is law covering the relevant period for the licence endorsements. When making a declaration to Insurers you have to tell them of all endorsements that are current on the licence. If you don't then the Insurance could be considered void.

    Where did you read that? The endorsement stays on the licence for the DVLA's and courts benefit http://www.nacro.org.uk/data/files/rehabilitation-of-offenders-act-1974-789.pdf http://www.financial-ombudsman.org.uk/publications/ombudsman-news/25/25-disclosure-of-spent-motoring-convictions.htm

    It was this, but it is also quoted elsewhere

    http://www.lawontheweb.co.uk/Road_Traffic_Law/Rehabiliation_of_Offenders_Act.

    It is under the section Driving Endorsements.

    • Post Points: 20
  •  Mon, Feb 10 2014, 7:56 PM

    Big Smile [:D] Re: car insurance void ( A while ago now)

    Hi sorry for the delay in replying I forgot my password , right my situation was a little different only because my endorsement had run its course in the eyes of the law , but not with the insurance companies as they like to slap another year on admitting something that doesn't in the eyes of the law exists , anything to keep charging you eh?!

    I had got the dates mixed up and the insurer I was with thought I was trying to pull a fast one , so the voided that insurance policy I had, later on I found out that they would insure my again after 5 years which thought was little strange. I do have insurance now and have declared I have been voided but according the operator they didn't care. they where more interested to know if I had any endorsements then anything , when I said no they where fine.

    right....I will have a think about this situation and have to post again later when I have thought of the right words to say.

    Adam

    • Post Points: 5
  •  Mon, Feb 10 2014, 7:51 PM

    Re: car insurance void ( A while ago now)

    huckster:

    Dacouch

    According to what I have read, it is the punishment that comes under the rehabilitation of offenders act. Apparently the actual endorsement on a drivers licence is not covered by the act and there is law covering the relevant period for the licence endorsements. When making a declaration to Insurers you have to tell them of all endorsements that are current on the licence. If you don't then the Insurance could be considered void.



    Where did you read that?

    The endorsement stays on the licence for the DVLA's and courts benefit

    http://www.nacro.org.uk/data/files/rehabilitation-of-offenders-act-1974-789.pdf


    http://www.financial-ombudsman.org.uk/publications/ombudsman-news/25/25-disclosure-of-spent-motoring-convictions.htm
    • Post Points: 20
  •  Mon, Feb 10 2014, 7:49 PM

    Re: car insurance void ( A while ago now)

    huckster:

    Dacouch

    According to what I have read, it is the punishment that comes under the rehabilitation of offenders act. Apparently the actual endorsement on a drivers licence is not covered by the act and there is law covering the relevant period for the licence endorsements. When making a declaration to Insurers you have to tell them of all endorsements that are current on the licence. If you don't then the Insurance could be considered void.



    Where did you read that?

    The endorsement stays on the licence for the DVLA's and courts benefit

    http://www.nacro.org.uk/data/files/rehabilitation-of-offenders-act-1974-789.pdf

    • Post Points: 5
  •  Mon, Feb 10 2014, 7:09 PM

    Re: car insurance void ( A while ago now)

    Dacouch

    According to what I have read, it is the punishment that comes under the rehabilitation of offenders act. Apparently the actual endorsement on a drivers licence is not covered by the act and there is law covering the relevant period for the licence endorsements. When making a declaration to Insurers you have to tell them of all endorsements that are current on the licence. If you don't then the Insurance could be considered void.

    • Post Points: 35
  •  Mon, Feb 10 2014, 7:08 PM

    Re: car insurance void ( A while ago now)

    Dacouch

    According to what I have read, it is the punishment that comes under the rehabilitation of offenders act. Apparently the actual endorsement on a drivers licence is not covered by the act and there is law covering the relevant period for the licence endorsements. When making a declaration to Insurers you have to tell them of all endorsements that are current on the licence. If you don't then the Insurers could be considered void.

    • Post Points: 5
  •  Mon, Feb 10 2014, 6:50 PM

    Re: car insurance void ( A while ago now)

    I looked up the conviction code information and all the information I found on DR10 suggested a 10 year disclosure period.

    I presume that this is correct as the person is being taken to crown court in May this year. They have another post asking for help with extra info.

    • Post Points: 5
  •  Mon, Feb 10 2014, 6:24 PM

    Re: car insurance void ( A while ago now)

    Turbo depending on the exact circumstances I may be able to help you.

    I need exact information.

    What month and year did you take out the cover with the Insurer?

    Which Insurer is it?

    What are conviction dates for each of your convictions and what were the penalties?

    Is there anything else to be declared eg other convictions or accidents / claims?

    Which Insurer is it?
    • Post Points: 5
  •  Mon, Feb 10 2014, 6:20 PM

    Re: car insurance void ( A while ago now)

    Huckster surely you know that's wrong, Insurers are governed by the rehabilitation of offenders act.

    In effect unless there was a jail sentance the conviction is spent after five years.

    An Insurer can in theory get in trouble for asking about and / or taking action over a spent conviction
    • Post Points: 20
  •  Mon, Feb 10 2014, 11:06 AM

    Re: car insurance void ( A while ago now)

    You need a Solicitor, as I would not know where to begin. It needs to be sorted out legally.

    DR10 offences are on your driving licence for 10 years, so needs to be declared to Insurers. If you bought Insurance via Moneysupermarket and the questions they asked did not mention the need to declare this, then you will need to take this up with Moneysupermarket.

    Can I suggest that you ask Moneysupermarket for all information they hold on this via a complaint to them in writing. Moneysupermarket do come under the Financial Ombudsman Service (FOS) complaints system, so you can go to the FOS if necessary. If you find that Moneysupermarket are responsible for your failure to disclose they could be found liable.

    • Post Points: 20
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