Disclosing convictions to insurers

[surrealmadrid]

I've seen some conflicting information on these forums, but having browsed through several articles online, including those on insurance sites, and this one:

http://hub.unlock.org.uk/knowledgebase/insurance-convictions-simple-guide/

They seem to indicate that as of April 2013, one does not need to disclose convictions once they are spent. So in the case of a driving ban, the conviction is spent when the disqualification ends (assuming there was no fine or other sentence).

One thing in particular that stood out (as seen here: http://www.loveinsurancegroup.co.uk/news/criminal-convictions/) was the fact that it states:

Under the Rehabilitation of Offenders Act 1974, ‘spent’ convictions do not have to be disclosed to insurers, irrespective of what questions are asked.

This is confusing, because it seems to suggest that even though pretty much every single insurance company asks about convictions in the last FIVE years, the above text suggests you don't have to disclose convictions within the last five years as long as they are spent?

Can someone please clarify this for me?

Thanks.

 

[surrealmadrid]

I also want to add that I have found the information quoted below at this link: http://www.lawontheweb.co.uk/Road_Traffic_Law/Rehabiliation_of_Offenders_Act.

[h=3]Driving Endorsements[/h] Because an endorsement does not fall under the relevant part of the Act, not being a ‘disability, prohibition or other penalty’, it does not have any effect on rehabilitation periods for road traffic convictions. If a driver were to be fined for an offence and also have their licence endorsed, the rehabilitation period would be defined by the rehabilitation period for a fine, and the endorsement would not factor in at all.

and

[h=4]Applying for Insurance[/h] You may say that you do not have any previous convictions on an application form for an insurance policy as long as the rehabilitation period has ended and the convictions are spent. This still applies even if the convictions are relevant to the insurance policy being taken out – you do not have to disclose spent road traffic convictions when applying for car insurance, for example.

 

[price1367]

I can clarify the situation.
whilst it is true that the re were alterations to the Rehabilitation of Offenders Act brought in on 10th March 2014 in a Statutory Instrument on 26th Feb the minister decreed that these alterations would not apply to motoring convictions. unlock are therefore quoting the correct guidelines. Theinsurance quote is also right, just that motoring offences are not spent after 12 months as the amendments seemed to indicate at first.
currently the situation is that endorsements on a licence do not become spent for 5 years, so DO need to be disclosed for that length of time. This applies to points for speeding etc and disqualifications for drink driving.

 

[surrealmadrid]

I can clarify the situation.
whilst it is true that the re were alterations to the Rehabilitation of Offenders Act brought in on 10th March 2014 in a Statutory Instrument on 26th Feb the minister decreed that these alterations would not apply to motoring convictions. unlock are therefore quoting the correct guidelines. Theinsurance quote is also right, just that motoring offences are not spent after 12 months as the amendments seemed to indicate at first.
currently the situation is that endorsements on a licence do not become spent for 5 years, so DO need to be disclosed for that length of time. This applies to points for speeding etc and disqualifications for drink driving.

Thanks for the quick reply.

You mentioned Unlock are quoting the correct guidelines, but in the link I pasted above, there doesn't appear to be any mention of disclosing spent convictions?

Also do you have any sources for the amendments being decreed on 26th Feb?

Thanks.

 

[surrealmadrid]

Also, @price1367, I have got this directly from the Unlock site (‘How long do I have to disclose my criminal record for?’ – A detailed guide to the ROA (updated 2014)) which is a detailed guide and updated in 2014... where it also states

For example, spent motoring convictions do not need to be disclosed when applying for car insurance. This applies no matter what question an insurance company asks. Most will only ask for unspent convictions, although some might ask for ‘any convictions in the last 5 years’. If it’s spent, you do not need to disclose it under any circumstances when applying for insurance.

Unfortunately the page hasn't got an exact date when it was last updated, but if you have anything very recent that contradicts this information I would be appreciate if you could share some links.

Thanks.

 

[price1367]

It is very muddled, I agree. Up until 2 weeks before the changes to the spent convictions came in on 10th March, we thought that Insurance companies were shafted, because convictions would be spent much quicker, but this amendment statutory Instrument was snuck in....:

http://legislation.data.gov.uk/uksi/2014/423/made/data.htm?wrap=true

You will see that motoring endorsements were excluded.
You now have the situation where someone takes a car without consent, is pursued by the police and goes through a red light. He is fined for TWOC and failing to conform to a red light.
He is rehabilitated for the TWOC, because the fine is spent after 1 year.... but for the next 4 years he has to declare the traffic light offence!!!!!!!!!!

 

[surrealmadrid]

It is very muddled, I agree. Up until 2 weeks before the changes to the spent convictions came in on 10th March, we thought that Insurance companies were shafted, because convictions would be spent much quicker, but this amendment statutory Instrument was snuck in....:

http://legislation.data.gov.uk/uksi/2014/423/made/data.htm?wrap=true

You will see that motoring endorsements were excluded.
You now have the situation where someone takes a car without consent, is pursued by the police and goes through a red light. He is fined for TWOC and failing to conform to a red light.
He is rehabilitated for the TWOC, because the fine is spent after 1 year.... but for the next 4 years he has to declare the traffic light offence!!!!!!!!!!

Wow, that is ridiculous. God damn insurance companies.

Looks like I'll be getting the shaft if I ever end up getting insurance before 2016.

Thanks for the link.

 

[price1367]

You're welcome.
the counter view, which was pushed by several motoring organisations, is that if the Statutory Instrument had not been passed, insurance companies would not be able rate the risk if endorsements only had to be declared for 1 year, so non offending motorists would therefore see their premiums rise because offending motorists could only be stung for 1 year......
Best advice is to downsize your car, or buy a classic car.... As they usually attract low premiums!