Car Insurance - do I declare this?

Pajoma

And, you actually went and checked an app! Lol

dacouch

Pajoma wrote: »

And, you actually went and checked an app! Lol

Well you clearly didn't before giving more incorrect information, so someone had to.

Worryingly the OP logged off after reading your original answer and thanking you for your advice. So they have not seen the further posts warning them they need to declare pending convictions if asked (Which is highly likely). If the OP does not log back on before he buys the new car and arranges insurance there's a chance he will not declare the pending conviction.

Hopefully he logs back on before buying insurance as the consequences of non disclosure are not great for him. If he logs on and rechecks this thread and then realises the importance of declaring the pending conviction, then you've lumbered him with an admin fee for updating the information.

dacouch

Pajoma wrote: »

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.

He did not ask about spent convictions, he asked about a pending conviction he's aware of.

How hard would it have been to add the words "Unless the Insurer asks about pending convictions". It would have taken you a few seconds

Pajoma

wouldnt the answer to that be blatantly obvious and not require a question on a forum?

dacouch

Pajoma wrote: »

wouldnt the answer to that be blatantly obvious and not require a question on a forum?

It's clearly not blantantly obvious to the OP otherwise they would not have asked on the Insurance forum whether they need to declare a pending conviction.

Pajoma

He didn't ask that though did he?

He asked whether he had to declare it if asked if you have had any convictions in the last 5 years.

If you have a pending prosecution and you are asked, 'do you have any pending prosecutions?' Wouldn't that be obvious?

I know a lot of brokers who, if asked that, leave it blank and the proposals go through no problems. Probably because the insurers know they do not really have a right to ask.

Problem with online applications for consumers is it probably won't let you leave it blank

dacouch

Pajoma wrote: »

He didn't ask that though did he?

He asked whether he had to declare it if asked if you have had any convictions in the last 5 years.

If you have a pending prosecution and you are asked, 'do you have any pending prosecutions?' Wouldn't that be obvious?

I know a lot of brokers who, if asked that, leave it blank and the proposals go through no problems. Probably because the insurers know they do not really have a right to ask.

Problem with online applications for consumers is it probably won't let you leave it blank

His question was basically his wife has received a notice of intended prosecution and whether he needs to declare it if asked if she has any convictions.

You know very well that the chances of the Insurers he will obtain quotes from also asking about pending convictions is extremely high.

You told him he did not need to declare it.

All you had to do was add the words "Unless the question also asks about pending convictions"

What evidence do you have that an Insurer has no right to ask about pending convictions?

System

Pending has two meanings:

1) unresolved
2) on-going

In the first sense it does not imply the inevitability that exists in the second.

So a pending conviction is not prejudging someone's guilt, merely saying it is a possibility.
Like a pending job application - you may not get it.

Pajoma

dacouch wrote: »

His question was basically his wife has received a notice of intended prosecution and whether he needs to declare it if asked if she has any convictions.

You know very well that the chances of the Insurers he will obtain quotes from also asking about pending convictions is extremely high.

You told him he did not need to declare it.

All you had to do was add the words "Unless the question also asks about pending convictions"

What evidence do you have that an Insurer has no right to ask about pending convictions?

Pedantic much?

Regards the evidence, there are several upheld FOS complaints whereby customers have complained about additional premiums for failing to declare pending prosecutions that did not result in convictions.

dacouch

Pajoma wrote: »

Pedantic much?

Regards the evidence, there are several upheld FOS complaints whereby customers have complained about additional premiums for failing to declare pending prosecutions that did not result in convictions.

I'm not being pedantic, your advice was clearly miss leading as evidenced by a number of other posters feeling the need to clarify the situation.

Do you have the case numbers or links to these FOS cases?