Declaring convictions for vehicle insurance

Aretnap

onomatopoeia99 wrote: »

The endorsement for the driving offence would have a rehabilitation period of five years to my layman's reading of the legislation. The rehabilitation period for the fine is much shorter, but you take the longest period, not the shortest, so you must declare it if asked about convictions in the last five years.

This is the correct answer. Any offence which results in a driving licence endorsement (ie any offence involving points or a ban) takes five years to become spent – regardless of the length of time the endorsement remains on your electronic driving record (of in old money, the length of time it stays on your licence). Most insurers ask about offences in the last five years precisely because most motoring offences take that long to become spent.

However, contrary to some of the answers in this thread, the op is quite correct that spent convictions do not have to be declared to insurers, regardless of what question the insurer actually asks. The Rehabilitation of Offenders Act gives you a statutory right to answer a question about "convictions" as if it actually asked about "unspent convictions"

Subject to the provisions of any order made under subsection (4) below, where a question seeking information with respect to a person’s previous convictions, offences, conduct or circumstances is put to him or to any other person otherwise than in proceedings before a judicial authority—
(a)the question shall be treated as not relating to spent convictions or to any circumstances ancillary to spent convictions, and the answer thereto may be framed accordingly; and
(b)the person questioned shall not be subjected to any liability or otherwise prejudiced in law by reason of any failure to acknowledge or disclose a spent conviction or any circumstances ancillary to a spent conviction in his answer to the question.

There are exceptions for employers who are recruiting for certain jobs which call for a high degree of trust, such as the police, accountants, or jobs which involve working with children, but there is no exception for insurance companies, So if you want to frame it in terms of lying to your insurance company, the law does indeed give you a right to lie to your insurer in certain circumstances. It's just that because of the way insurers actually word the question about convictions, those circumstances very rarely apply in practice. However if an insurer did ask if you had 'ever' been convicted of a motoring offence, and you had one speeding conviction from 6 years ago, you would have a cast-iron right to answer "no".

Herzlos

AdrianC wrote: »

In this day and age of comparison sites, are you 100% certain that you didn't ask for a quote from any brand within that corporate...? Not even once in the last four years?

Isn't MID a common motor insurance database - thus getting a quote from any insurer means any other can see the history/convictions? Ditto if you've given them your driving license number.

foxy-stoat

Aretnap wrote: »

However if an insurer did ask if you had 'ever' been convicted of a motoring offence, and you had one speeding conviction from 6 years ago, you would have a cast-iron right to answer "no".

Probably would agree with you there, although if you said yes it was 6 years ago they more than likely would not load the premium. For the avoidance of doubt I would declare everything that is asked, avoids the possible issue of the driver thinking he doesnt need to declare their DR10 conviction because it was over 6 years old (but not 11) as they remember seeing a thread somewhere about not declaring some convictions.

hareng

owen_money wrote: »

Just a question, if the points/knowledgement of them are removed after 4 years can they even check, if so where?

Some insurance companies require you to register with DVLA get a code to give your licence to insurer who can see in real time.
Of course this is only as good as whats on the licence at time of looking.
They have access to MOT history so no fooling the mileage either.