Returning motor insurance certificate

addis123

Hi

I cancelled my car insurance policy last week and today received a letter from Aviva confirming this and asking me to return my certificate of insurance to them within 7 days, and it is an offence under the road traffic act if I do not do this. I don't recall previous insurance companies asking for the certificate, I thought you just had to destroy it. To be honest I'm not sure where it is as we've just moved into a new house and if I did find it, it would be longer than 7 days before they get it. Is it true it's an offence not to send it back then? And what are the penalties if I don't?

Cheers

AdrianC

It certainly used to be an offence until very recently, if it isn't still.

The logic was that, until the certificate was returned, it would be possible for you to claim that you were covered - and show "proof" - if stopped by police.

Phone them asap - they'll have a "lost certificate" procedure. Then improve your filing system...

*j*

When the insurance company send me a certificate of insurance by email they don't know if I've printed it off or not.

If I have printed it off what's the point of asking me to return it...I can just print off another.

Do they expect me to send the email back to them?

If they posted me a hard copy, what if I tell them I've already destroyed it?

addis123

I can appreciate that some drivers may have kept their certificates to show to police if stopped, but I thought that the police just used the motor insurance database now anyway to put a stop to all that. Just wondered what the penalties would be if I can't find it. Will give them a call anyway, and yeah my filling system could be improved really...

AdrianC

*j* wrote: »

When the insurance company send me a certificate of insurance by email they don't know if I've printed it off or not?

True...

If I have printed it off what's the point of asking me to return it?

What indeed? But that's the way the law still is, because it predates PDF certificates being emailed around.

Aretnap

AdrianC wrote: »

What indeed? But that's the way the law still is, because it predates PDF certificates being emailed around.

The law had to be amended to allow for electronic certificates - it was amended at the same time to allow for their "return". If the certificate was issued electronically then when the policy is cancelled the policyholder must either (a) print off a copy of the certificate, add a statement to the effect that the policy has been cancelled, and post it to the insurer or (b) send the insurer an Email acknowledging that the policy has been cancelled.

http://www.legislation.gov.uk/ukpga/1988/52/section/147

I'd have preferred it if you had to return the certificate by emailing the pdf file back to the insurer, but it seems that the lawmakers lacked a sense of humour.

Aretnap

addis123 wrote: »

I can appreciate that some drivers may have kept their certificates to show to police if stopped, but I thought that the police just used the motor insurance database now anyway to put a stop to all that. Just wondered what the penalties would be if I can't find it. Will give them a call anyway, and yeah my filling system could be improved really...

The MID is not 100% reliable, and it's not yet the definitive record of who is insured and who isn't. The law still places quite a lot of importance on the certificate (physical or electronic).

If the certificate has been lost or destroyed you can send the insurer a statement confirming that it has been lost or destroyed in lieu of returning it. Once upon a time this had to be a statutory declaration made in front of a magistrate or solicitor - but looking at the legislation it seems that a simple email is now enough.

Neither returning the certificate nor sending the insurer a statement is indeed an offence punishable in theory by a fine of up to £1000, though in practice loads of people must do it and I've never heard of anyone actually being prosecuted for it.

Johno100

My understanding is that The Deregulation Act 2015 amended The Road Traffic Act 1988 to remove the requirement to surrender your motor insurance certificate or complete a lost certificate declaration.

The relevant part of the legislation:

http://www.legislation.gov.uk/ukpga/2015/20/section/9/enacted

A review of the legislation change:

https://h-f.co.uk/knowledge/deregulation-act-2015-insurers-need-know/

Seems Aviva are a bit slow in updating their procedures.