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Car Insurance - do I declare this?

24

Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    So why you ranting about this now?

    The question has been asked for years.
  • Pajoma
    Pajoma Posts: 27 Forumite
    Because the original question was, should I declare the conviction and I said no because it isn't a conviction. If asked about pending then yes he should

    But...

    It is a topic of discussion and has been for years as to whether they have a legal right to expect you to disclose. European court of human rights States potential offenders of criminal offences should have a degree of privacy unless it is in the public interest to disclose.

    It has been asked for years and has been a bone of contention for just as long.

    My opinion is its simply a stupid question, always has been
  • rudekid48
    rudekid48 Posts: 2,382 Forumite
    Part of the Furniture 1,000 Posts
    Pajoma wrote: »
    She hasn't currently got any convictions and might not even be convicted so I would say no

    If you do really "own a Broker" then you knowingly gave very bad advice here as you would be fully aware that a pending conviction would need to be declared if asked.

    Perhaps you should tell us all the name of this Broker so that anyone who gets an NIP can benefit..
    All matter is merely energy condensed to a slow vibration, we are all one consciousness experiencing itself subjectively, there is no such thing as death, life is only a dream, and we are the imagination of ourselves.
  • Pajoma
    Pajoma Posts: 27 Forumite
    rudekid48 wrote: »
    If you do really "own a Broker" then you knowingly gave very bad advice here as you would be fully aware that a pending conviction would need to be declared if asked.

    Perhaps you should tell us all the name of this Broker so that anyone who gets an NIP can benefit..

    Not all insurer request information about pending prosecutions.

    I've said throughout the thread that if you are asked about pending prosecutions then should declare it.

    Where is the issue?
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Pajoma wrote: »
    Not all insurer request information about pending prosecutions.

    I've said throughout the thread that if you are asked about pending prosecutions then should declare it.

    Where is the issue?

    The issue is the OP asked about a PENDING conviction his wife and he are aware of, he asked if this needs to be declared and you told him no.

    Your answer was
    Pajoma wrote: »
    She hasn't currently got any convictions and might not even be convicted so I would say no

    It did not contain a disclaimer stating he only needs to declare it if the question also asks about pending convictions.

    Could you name some of these Insurers that don't ask about pending convictions as I'm not aware of any
  • Pajoma
    Pajoma Posts: 27 Forumite
    Hastings, QBE, Sabre plus many others.

    The OP asked about convictions had in the last 5 years, it directly answered his question.

    The law is clear, unless you are specifically asked about pending convictions, you do not have to disclose.

    This thread really shouldn't be as difficult as it has become
  • Mav6215
    Mav6215 Posts: 81 Forumite
    When using comparison sites I would say to put no then when you are directed to the insurer's site you can check the actual wording. If they do not ask for 'pending' convictions then there is no need to change your answer. If she is subsequently found guilty then you would be obliged to inform the insurer anyway.

    If you are still unsure what to answer then ring the insurer for confirmation.
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Pajoma wrote: »
    Hastings, QBE, Sabre plus many others.

    The OP asked about convictions had in the last 5 years, it directly answered his question.

    The law is clear, unless you are specifically asked about pending convictions, you do not have to disclose.

    This thread really shouldn't be as difficult as it has become

    The OP was talking about a pending conviction his wife has just received a NIP eg a pending conviction.
    horsepills wrote: »
    I'm looking to buy insurance for a new car (picking up on Monday), and I'm using comparison sites.

    Trouble is, the wife has just received a letter "notice of intention to prosecute" or something from the police. She's been caught speeding just a few mph over the limit and is looking at a few points, etc... I suspect (or speed awareness course).

    I'm not sure what to declare when getting insurance quotes though, as technically she's only so far been asked to confirm she's the driver. When asked if she's had any convictions, etc.. in the last 5 years do I still say "none"? Any ideas?

    Your answer was...
    Pajoma wrote: »
    She hasn't currently got any convictions and might not even be convicted so I would say no

    The OP even thanked you and if the issue about pending convictions had not been raised by others there's a strong chance they would not have declared the pending conviction which is 99.99% likely to result in a conviction on his wife's licence. If you work in the trade you will be aware of the potential consequences of a non declaration.

    You then go onto state Hastings an Insurer who do ask about pending convictions. Granted it's not a very clear question as it relies on the further information button to reveal

    "Any motoring convictions or endorsements, including fixed penalties should be disclosed for all drivers. This includes any convictions that have been removed from a licence where a fine has been received. You should also disclose any pending prosecutions"

    I've not checked the others you mentioned as I don't have access to their application forms.

    If your post was not quantified by other posters there is a very real danger that the OP along with anyone else who reads this page especially people in a similar position to the OP who google about declaring pending convictions could end up in serious financial problems if they followed your advice and did not declare a pending conviction.
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Pajoma wrote: »
    Hastings, QBE, Sabre plus many others.

    The OP asked about convictions had in the last 5 years, it directly answered his question.

    The law is clear, unless you are specifically asked about pending convictions, you do not have to disclose.

    This thread really shouldn't be as difficult as it has become

    The OP was talking about a pending conviction his wife has just received a NIP eg a pending conviction.
    horsepills wrote: »
    I'm looking to buy insurance for a new car (picking up on Monday), and I'm using comparison sites.

    Trouble is, the wife has just received a letter "notice of intention to prosecute" or something from the police. She's been caught speeding just a few mph over the limit and is looking at a few points, etc... I suspect (or speed awareness course).

    I'm not sure what to declare when getting insurance quotes though, as technically she's only so far been asked to confirm she's the driver. When asked if she's had any convictions, etc.. in the last 5 years do I still say "none"? Any ideas?

    Your answer was...
    Pajoma wrote: »
    She hasn't currently got any convictions and might not even be convicted so I would say no

    The OP even thanked you and if the issue about pending convictions had not been raised by others there's a strong chance they would not have declared the pending conviction which is 99.99% likely to result in a conviction on his wife's licence. If you work in the trade you will be aware of the potential consequences of a non declaration.

    You then go onto state Hastings an Insurer who do ask about pending convictions. Granted it's not a very clear question as it relies on the further information button to reveal

    "Any motoring convictions or endorsements, including fixed penalties should be disclosed for all drivers. This includes any convictions that have been removed from a licence where a fine has been received. You should also disclose any pending prosecutions"

    I've not checked the others you mentioned as I don't have access to their application forms.

    If your post was not quantified by other posters there is a very real danger that the OP along with anyone else who reads this page especially people in a similar position to the OP who google about declaring pending convictions could end up in serious financial problems if they followed your advice and did not declare a pending conviction.

    Edit : When you answer yes or no to convictions for Hastings it brings up the further information which clearly states they want to know about pending convictions
  • Pajoma
    Pajoma Posts: 27 Forumite
    The specific question asked about convictions had in last 5 years. I answered it.

    Regardless of the Hastings app you stated you do not need to disclose spent convictions even if asked specifically. You do not need to disclose and failure to disclose could not be used as a reason for increasing premiums or repudiating claims or cover.

    And I'm posting on an iPhone, if I caveated everything I said along the lines FCA guidelines, I'd need to add caveats to the caveats and it'd take me all day to make one post.
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