Criminal Conviction & Car Insurance?

jimbraund

Hi there looking on the quote websites it says nothing about declaring a criminal conviction when applying for insurance.

Do i need to tell them if they do not ask about it, as i am getting confused now and my we need car insurance next month.

Quentin

You only need to answer the questions asked.

However check the "assumptions" you have to agree to, as they may include the assumption you do not have a criminal conviction.

Astaroth

Because of the perceived fraud risk I would be surprised that mainstream insurers would be accepting unspent criminal records. As Quentin says, it is most likely in the assumptions section as most insurers are trying to shorten their question sets online. If it isnt, make sure you also double check your documents when you receive them to make sure it doesnt state there that you don't have any convictions too

chris.stacey

"Do i need to tell them if they do not ask about it, as i am getting confused now and my we need car insurance next month."

Under the current law, the principle of uberimma fides means that yes you do need to tell them.

In practice, you should only have to disclose what you are asked, but you must check, as previously advised, the assumptions pages, as many comparison websites make assumptions that you do not have any criminal convictions. Ultimately, it is the individuals responsibility to check this.

UNLOCK, the National Association of Reformed Offenders, have done a lot of work around this area, and are intending to produce more specific and detailed guidance in the future around obtaining insurance with a criminal conviction.

dacouch

Welcome aboard Chris but you need to read the forum rules regarding representing a company / organisation and on pushing your own company / organisation.

Kimitatsu

I can vouch for Chris on this one guys and I was going to post the link to UnLock anyway - details can be found here:

http://unlock.org.uk/xoffenders.aspx?sid=5

The issue that you have is that it is your responsibility to disclose any convictions (not just motoring convictions) and if you have an accident that is investigated by a claims assessor and finds that you have any convictions that you have not disclosed then the insurance is null and void.

If you look on the UnLock website there is a list of brokers that specialise in insuring people with convictions and from dealing with these guys through work I can tell you they are very good.

dacouch

Kimitatsu I'm aware of Unlock and Chris's experience which is why I welcomed him aboard. Could you give him links to the relevant rules on representing a company / organisation and promoting your own company / organisation either on this thread or via pm.

The contributers on the Insurance forum are very keen to ensure posters on the Insurance forum abide by the rules to keep all of the advice / opinions in line with the MSE rules / ethos

Kimitatsu

Already done

I know you lot are all pretty good - out of the boards I only need to peek in on you lot now and then You get a gold star :rotfl:

Quentin

Kimitatsu wrote: »

I can vouch for Chris on this one guys and I was going to post the link to UnLock anyway.

Nevertheless, all he has done is seize on the opportunity to advertise his website - note that his post actually adds nothing to the advice the op was given in post #2.

In fact to "justify" his post, all he has done is to repeat the advice given in post #2!!

PennyPinchingMiser

jimbraund wrote: »

Hi there looking on the quote websites it says nothing about declaring a criminal conviction when applying for insurance.

Do i need to tell them if they do not ask about it, as i am getting confused now and my we need car insurance next month.

Not if your conviction is 'spent'

If your not sure whether your conviction is spent or not, you need to look it up here
http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1974/cukpga_19740053_en_1

In table A or table B .

chris.stacey

Quentin - I can assure you that it was not my intention, and never is our charity's intention, to simply "to seize on the opportunity to promote UNLOCK's website". We have nothing to benefit from in terms of raising our profile in this regard, if to only increase my own personal workload. As a charity, we seek to help those individuals facing difficulties in such situations like this. We do not benefit financially from raising our profile.

My only reason for contributing to the debate was to try to clear up some confusion that seemed evident. If reference to UNLOCK as a charity was wrong in this regard, then I apologise for that. However, aside from my connection to UNLOCK, I myself have past criminal convictions, and furthermore have an LLB Law degree, and so have a rather unique insight into this area.

In that regard, I do believe that I added to the advice that had already been given by stating that the underlying principles in insurance law meaning that you should tell them about information even if they do not ask a specific question. Although best practice for insurers is to ask clear questions about the information they require, the underlying legal position is that they retain the right to be informed of material facts. I may be wrong, but I don't think that this had been previously mentioned.

Of course, in practice, the Financial Ombudsman would likely to find in favour of the insuree if the insurer couldn't provide evidence that they asked a clear question (or made clear assumptions), however this FOS is limited in scope, and there is always the ability for such matters to end up in court, where of course the legal principles would be applied.

It may of interest to note here that the Law Commission are due to publish a draft Bill next week looking to change the law in this area to adopt the practice of the Financial Omudsman.

PennyPinchingMiser - you are absolutely right, "spent" convictions under the Rehabilitation of Offenders Act 1974 do not need to be disclosed. This applies even where questions of "any" convictions are asked. The way the 1974 Act is written means that it empowers individuals to interpret such questions as only relating to "unspent" convictions. The ABI have publicly stated that this is the position.

I hope this helps.