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Help? Motoring convictions...

Hi, I need some advice about a situation Im involved in...

In October 2005 my boyfriend was convicted of drinking driving, driving with no insurance and driving with no licence, this incident was on a motor bike. We have been together 3 years so I wasn't aware of this situation. June 08 he passed his driving test and my mother bought us a new car and insured the car as a suprise for us. July 09 he was pulled over by police who checked his insurance and asked if he had declared his convictions. He didn't realise because the convictions related to a motorbike and because he did not get points on his licence that they insurance company would need to know. The police told him he needed to contact the insurance company to tell them, which we did that same day. At the time they advised that because it was a motorbike offence this would not effect the policy, however days later we received a letter advising the policy had been cancelled because they do not insurer drivers with convictions. They refunded us with our money.
Last wk the police officer who pulled him over last year turned up at our door, saying he was investigating the case because we had committed fraud. My Mother advised that she completed the policy on mine and my boyfriends behalf, so over the last few days we have been interviewed by the police who have told us this is a very serious offence.
My boyfriend didn't realise because he didn't get any points that the insurance company needed to know, he's quite naive when it comes to cars as no one in his family drives and me and my Mother weren't aware. However Im really worried as to what the outcome of this will be. The police told me that it was my responsibility to have declared the convictions because I'm the leading name on the policy, however I did not know and they are also saying that my boyfriend has committed fraud and deliberately conned the insurance company.
Will we go to jail for this, im really worried about it because the police told me time and time again how much of a serious offence it was.
Any advice much appreciated.

Comments

  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You have now had an insurance policy cancelled by an Insurer, it is very important that you declare this to your new Insurance Company as it has a massive effect on Insurance and there is a good chance that if you have not declared it when / if they find out they will void your policy which can effect claims. It is possible that the police may contact them as well to ask if you have declared this.

    Did you physically sign a proposal form for the original Insurer?
  • I didn't sign anything, my Mam completed all the info on line for us, they then sent a welcome pack and copy of the info entered on line. The police told me that it was my responsibility to check the policy when it came in the post, because I was the leading name, however I didn't know he had convictions and he didn't think the convictions he had would affect the policy because they were on a motorbike and because he didn't get any points so he didn't tell me.
    Our new Insurance company are aware that he has convictions, however Im scared about what will happen, because the police is taking this very seriously and Im worried me or my bf will go to jail.
    What I find so strange is that the original insurance company cancelled the policy and refunded us the money, then 8 months later the police turns up saying the insurance company want to take it further. I believe its the police who wants to take it further...
    What do u think is the worst that could happen to us?
    Thats for your advise.
  • ijgreer
    ijgreer Posts: 47 Forumite
    From the eyes of the police, they are right, an unfortunate situation to find yourself in, but it is your responsibility to check the proposal form.
  • tinkerbell84
    tinkerbell84 Posts: 5,323 Forumite
    Jane09 wrote: »
    Hi, I need some advice about a situation Im involved in...

    In October 2005 my boyfriend was convicted of drinking driving, driving with no insurance and driving with no licence, this incident was on a motor bike.

    :eek: :eek: :eek:

    These MUST have been noted on his driving license.
    Jane09 wrote: »
    We have been together 3 years so I wasn't aware of this situation. June 08 he passed his driving test and my mother bought us a new car and insured the car as a suprise for us.

    I'd be worried if I was with someone who didn't mention the above convictions after 3 years! They are serious convictions! :eek:
    Jane09 wrote: »
    July 09 he was pulled over by police who checked his insurance and asked if he had declared his convictions. He didn't realise because the convictions related to a motorbike and because he did not get points on his licence that they insurance company would need to know.

    July 09? Do you mean 08?

    Did he get a ban instead of points?

    I don't really believe that he genuinely believed that his extremely serious driving convictions wouldn't be of interest to his new car insurers. I think he thought he'd get away with it.

    It's part of his driving record, whether on a bike or not. It's a material fact.
    Jane09 wrote: »
    My boyfriend didn't realise because he didn't get any points that the insurance company needed to know, he's quite naive when it comes to cars as no one in his family drives and me and my Mother weren't aware.

    As above. Did he think insurers ask about any motoring convictions but are only interested in those with points? I can't believe he wouldn't think a ban was significant :eek:
    Jane09 wrote: »
    The police told me that it was my responsibility to have declared the convictions because I'm the leading name on the policy, however I did not know

    Did you ask him?
  • FlameCloud
    FlameCloud Posts: 1,952 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I do not believe for one minute you are telling the truth about not knowing they needed to be declared. The question insurers ask is very simple, and makes no disctinction about what type of motoring convictions/points need declaring. You are just annoyed that you got caught.
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Jane09 wrote: »
    I didn't sign anything, my Mam completed all the info on line for us, they then sent a welcome pack and copy of the info entered on line. The police told me that it was my responsibility to check the policy when it came in the post, because I was the leading name, however I didn't know he had convictions and he didn't think the convictions he had would affect the policy because they were on a motorbike and because he didn't get any points so he didn't tell me.
    Our new Insurance company are aware that he has convictions, however Im scared about what will happen, because the police is taking this very seriously and Im worried me or my bf will go to jail.

    You need to inform your current Insurers that your previous Insurers cancelled / voided your previous policy as it is very important they know. If you have not / do not inform them then your current policy could also be invalid which could cause further problems with the police etc
  • soolin
    soolin Posts: 74,408 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    dacouch wrote: »
    Jane09 wrote: »

    You need to inform your current Insurers that your previous Insurers cancelled / voided your previous policy as it is very important they know. If you have not / do not inform them then your current policy could also be invalid which could cause further problems with the police etc

    I cannot echo this strongly enough. An ex work colleague who had insurance cancelled on him after a drunk drive conviction was virtually unable to get insurance afterwards as as soon as he declared that insurance had previously been cancelled he was told he was virtually uninsurable by many of the main stream insurers.

    He eventually had to go to a broker who knew which insurance companies to try and they got a couple of quotes that way, but they were eye wateringly high and even though he was late 20s and with an 8 year driving history behind him he had to sell his beloved car and buy a little cheap 1.1 Uno just to get insurance cheap enough to afford.

    I am concerned here that you appear to have walked straight into new insurance easily, please make 100% sure that you have not only told them about the previous conviction but that they know you had insurance cancelled due to misrepresentation. If this does all get nasty the last thing you want is a second problem with the new insurance company.
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  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Good point and well present soolin...

    Whats the betting the Policeman investigating know about the Insurance rules about declaring whether you have had and Insurance cancelled or refused etc and decided to check with the new company. If they have not declared it then it would technically be a sperate offence and would not look good along with the first matter he / she is investigating.
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