Declaring convictions for vehicle insurance

I’m looking for some clarification on what legally needs to be declared regarding driving convictions when getting a quote from an insurance provider.

Let’s say a person has 3 points on their licence from a speeding offence and received a £100 fine from November 2014 (assume just exceeded 4 years).

An insurance provider requested the convictions for the previous 5 years.

The points have now been completely removed from your DVLA record. Have these been considered spent ? As far as I am aware, spent convictions are not required to be declared. If one was not to declare points from over 4 years ago to avoid being penalised by higher insurance premiums, how is this monitored by an insurance company?

In relation to the above (but let’s say only 2 years have passed) the £100 fine is considered spent after one year as far as I have read. When the insurance provider asks about your conviction e.g did you get a fine with your points and how much was the fine, can you say no if the year has exceeded? Or is the fine treated differently when given with points.
Obviously that information will still be on your DVLA record so can be checked.

Has anyone heard or read about this before? I could only see a forum from when the paper counterparts were around and had the information and point printed on (relating to the older than 4 years, before 5 years query).
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Comments

  • missile
    missile Posts: 11,684 Forumite
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    Really bad idea to lie or fail to declare to your insurer.

    It is also pointless as 3 points will make no difference to your quote.
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  • Richard53
    Richard53 Posts: 3,173 Forumite
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    You're basically asking 'should I lie to my insurers or not?'


    Hmm, tough one.
    If someone is nice to you but rude to the waiter, they are not a nice person.
  • Scrapit
    Scrapit Posts: 2,304 Forumite
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    The insurance doesn't ask about spent convictions. They ask about ANY in the last 5 year's. Answer the question truthfully and you'll be fine. Blag it and you won't.
  • Richard53
    Richard53 Posts: 3,173 Forumite
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    I'm puzzled now. Here's what they say on Money Advice Service:

    Only unspent convictions matter. Even if asked, you do not have to disclose any convictions that are spent. Convictions become ‘spent’ a certain time after the date of conviction, and after that they’re not allowed to count against you. That’s the law according to the Rehabilitation of Offenders Act 1974.
    But later on the same page:

    If you deliberately don’t disclose your convictions when asked by the insurance company, your insurance could be invalid.
    Presumably this means unspent convictions, although they don't say this explicitly.


    Also,

    A criminal conviction can be anything from a prison sentence to a fine for littering or a speeding conviction – all types of offence count, however minor.
    https://www.moneyadviceservice.org.uk/en/articles/getting-insurance-if-you-have-a-criminal-conviction
    If someone is nice to you but rude to the waiter, they are not a nice person.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    Jt146 wrote: »
    I’m looking for some clarification on what legally needs to be declared regarding driving convictions when getting a quote from an insurance provider.
    The wording of the questions is usually utterly unambiguous.

    Let’s say a person has 3 points on their licence from a speeding offence and received a £100 fine from November 2014 (assume just exceeded 4 years).

    An insurance provider requested the convictions for the previous 5 years.
    Simple question - is November 2014 within the previous 5 years?
    Yes.

    The points have now been completely removed from your DVLA record. Have these been considered spent ? As far as I am aware, spent convictions are not required to be declared. If one was not to declare points from over 4 years ago to avoid being penalised by higher insurance premiums, how is this monitored by an insurance company?
    Oooh, lemme think. They know that you declared them in previous years?
    And, when they twig your lie, they'll cancel your policy for lying on the proposal.
    Then, when they ask if you've EVER had a policy cancelled...
    (They already know the answer to that, too...)



    Let's look at it another way:
    What's the one-year premium hike for a 4-5yo SP30 FPN?
    What's the premium hike for the rest of your driving life for having a policy cancelled?
  • Don't insurers have to ignore spent convictions even when they are aware of them?
  • Merlin139
    Merlin139 Posts: 6,851 Forumite
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    edited 19 November 2018 at 10:57AM
    When taking out insurance you need to truthfully answer the question. If its worded as the convictions for the previous 5 years then you need to tell them you got a 3 point speeding offence four years ago.

    If you choose to omit this as you feel that it is spent then so be it.

    Wait till you have an accident and the insurance company finds out about your 3 point speeding offence you failed to tell them about and declares your Policy Null and Void!

    What will you do then?

    Just seen your other thread about your husbands 14 day ban. https://forums.moneysavingexpert.com/showthread.php?t=5907582

    I think you have more to worry about than 1 spent conviction.
    3.795 kWp Solar PV System. Capital of the Wolds

  • Mercdriver
    Mercdriver Posts: 3,898 Forumite
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    Merlin139 wrote: »
    When taking out insurance you need to truthfully answer the question. If its worded as the convictions for the previous 5 years then you need to tell them you got a 3 point speeding offence four years ago.

    If you choose to omit this as you feel that it is spent then so be it.

    Wait till you have an accident and the insurance company finds out about your 3 point speeding offence you failed to tell them about and declares your Policy Null and Void!

    What will you do then?

    Just seen your other thread about your 14 day ban. https://forums.moneysavingexpert.com/showthread.php?t=5907582

    I think you have more to worry about than 1 spent conviction.

    It's her other half's ban. It's even in the first sentence of the OP in that thread.
  • foxy-stoat
    foxy-stoat Posts: 6,879 Forumite
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    I cannot remember ever seeing the word "spent" in a car insurance application question.

    Bottom line is answer all questions honestly and truthfully - and tell your other half to slow down.
  • 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.
    Proud member of the wokerati, though I don't eat tofu.Home is where my books are.Solar PV 5.2kWp system, SE facing, >1% shading, installed March 2019.Mortgage free July 2023
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