Declaring driving convictions to an insurer - what are the rules?

Understanding what you need to disclose to insurance company can be confusing, but failing to declare convictions when you should, can have serious consequences.

Why do insurer companies ask about motoring convictions?

The cost of your car insurance premium is based on a calculation of various risk factors. Over time, insurers have found that a driver's history of convictions can play a role in the likelihood of them being involved in an accident and making a claim. So, when you get quote from an insurer, they’ll want to know about any convictions you may have, so they can be factored into the insurance premium they offer you.

When do you need to declare motoring convictions to an insurance company?

If you aren't asked about convictions, you typically don't need to declare them, but this is uncommon. Whether you apply for cover directly to an insurance company or through an insurance broker, the application usually includes questions about convictions. If you’re asked about unspent convictions, you must answer truthfully and accurately. If asked about unspent convictions, it's crucial to respond truthfully and accurately. Sometimes, an insurance broker may complete the application on your behalf, but it remains your responsibility to verify the accuracy of the answers. Additionally, during the policy renewal, you should inform your insurer about any convictions you've had in the last 12 months, as it may affect the renewal premium. Some insurers' terms and conditions may require you to disclose new convictions when they happen, rather than waiting for renewal, so it's best to review your policy wording.

Declaring driving convictions for other people covered by the insurance

You must also truthfully and accurately report convictions for any other individuals covered by the insurance policy.

How long do you have to declare driving convictions to an insurer for?

The law recognises that it would be unfair to hold past mistakes against you indefinitely. Under the Rehabilitation of Offenders Act 1974, most convictions become "spent" after a certain number of years, known as the "rehabilitation period."

When the conviction becomes spent, you no longer have to declare it to an insurer.

The length of the rehabilitation period can vary, according to the seriousness of the conviction and the age of the person on the date of the conviction.

How to check whether your motoring convictions are spent

There are a couple of ways you can find out more about your motoring convictions and their rehabilitation periods:

What’s the rehabilitation period if I have more than one penalty?

In cases where multiple penalties for an offence are imposed by the court, the longest rehabilitation period determines when the conviction becomes spent. When a driver receives more than one conviction simultaneously, the longer sentence determines the rehabilitation period. An example might be a road traffic offence where the convicted driver is given all of the following:
  • a fine (rehabilitation period 1 year)
  • an endorsement (rehabilitation period 5 years)
  • penalty points (rehabilitation period 3 years)
The rehabilitation period for this conviction will be 5 years because the endorsement carries the longest rehabilitation period.

What happens if you don’t disclose convictions when obtaining car insurance?

If your insurance company finds out that you - or anyone else covered by the policy - failed to disclose motoring convictions, there could be several consequences, whether it was intentional or not:
  • your policy could be cancelled
  • you may have to pay the extra cost of a recalculated insurance premium to make up the amount you would have originally been
  • charged, had your insurer known about the conviction
  • you could have to repay any claims that your insurer paid out to you
  • the possibility of being charged with insurance fraud, which could result in a criminal conviction or a prison sentence
Apart from any financial losses, it can be a lot harder (and more expensive) to find insurance after a previous policy has been cancelled. Not declaring convictions may have been an unintended oversight, and most insurers will try to resolve genuine mistakes fairly, but it highlights the responsibilities that drivers have to check that they have accurately answered all questions.

Can insurers check for driving convictions?

Yes, insurers can check for your driving convictions, but only with your consent. By providing your driving license details on an insurance application, the insurer can access up-to-date information from the DVLA database, revealing motoring convictions or endorsements on your license. This initiative, known as MyLicence, is the result of a collaboration between the DVLA, the Department for Transport, and the insurance industry.

Can you refuse permission for an insurer to check your driving licence details?

Yes, you can decline permission for an insurer to check your motoring conviction details, but insurers may choose not to provide you with a quote if you’re unwilling to do so. Additionally, an insurer may ask for your driving license information during the policy term, and not providing it could result in policy cancellation.

Will motoring convictions affect any claims you make?

As long as you declared any convictions on the insurance application, they shouldn’t affect your ability to make a claim. However, if you didn’t disclose any unspent convictions, your insurer could cancel or void your policy, and refuse to pay out for any claims.

Will driving convictions affect your ability to get insurance?

It can be hard for convicted drivers to find car insurance because they are seen as a higher risk - premiums tend to increase after a conviction, and some drivers may find it impossible to get any cover at all. However, there are specialist insurers and brokers who offer affordable insurance for convicted drivers. So, as long as you declare any unspent convictions you might have when you take out cover, you should still be able to get the insurance you need.

 

 

 

Released On 16th Dec 2024