- Only convictions that haven’t been spent are important. Even if you’re asked, you don’t have to reveal a spent conviction when applying for insurance.
- You may be questioned about the convictions of everyone covered by the insurance, including your partner, children, or grandkids. When it comes to home insurance, everyone who lives in the house is covered.
- Because these are not criminal convictions, simple cautions, reprimands, and final warnings are spent immediately and do not need to be disclosed.
- If you have an unspent conviction, your insurance may be more expensive. Those with unspent convictions are frequently denied coverage by mainstream insurers. As a result, the most affordable insurance are unlikely to be available to you.
Do insurance companies check convictions?
Yes, but only if you give your consent. When you provide your driving license information on an insurance application, the insurer can instantly obtain the most current information from the DVLA database. This shows them all of your driving convictions and endorsements on your driver’s license.
The MyLicence scheme was developed in partnership with the DVLA, the Department of Transport, and the insurance industry. This method of sharing information saves time while filling out forms and speeds up the application process. It also ensures that you don’t have to deal with the consequences of past blunders.
Another significant advantage of the program is that it aids in the reduction of fraudulent insurance applications. This can reduce the cost of insurance for honest drivers over time.
Rehabilitation periods
Criminal convictions have a’rehabilitation term’ based on the sentence imposed under the Rehabilitation of Offenders Act 1974 (ROA). In the case of jail sentences, the length of the sentence is considered rather than the amount of time served. The period begins on the day of conviction and is usually half if you were under the age of 18 at the time of conviction. In many cases, the’rehabilitation time’ is significantly longer than the punishment. Here’s where you can learn more about the ROA.
How do I know whether my convictions are spent?
Because the ROA is so intricate, it’s difficult to tell exactly what it protects. However, there are other methods for determining whether a conviction is expunged. You are able to;
- The Disclosure and Barring Service can provide you with a simple disclosure. This costs £25 and only shows convictions that haven’t been served yet.
- Work it out for yourself – you can get a copy of your police record by submitting a Subject Access Request (SAR). This costs £10 and gives you access to all of your information on the Police National Computer (PNC), not just unspent convictions. It does not distinguish between spent and unspent convictions.
Unspent convictions
The conviction is ‘unspent’ during the rehabilitation phase. Convictions that result in a prison sentence of more than four years can never be expunged and must always be disclosed.
Spent convictions
Once the’rehabilitation term’ is over, the conviction is considered’spent,’ and it is no longer required to be mentioned when applying for insurance. “The broad impact of the Act….is to relieve any proposer for insurance of the duty to reveal a conviction or even the information that he had committed the crime” for the purposes of insurance.
In other words, the ROA allows someone with a spent conviction to lie to any question that would reveal a spent conviction if answered truly. “Any obligation imposed on any person by any rule of law or by the provisions of any agreement or arrangement to disclose any matters to any other person shall not extend to requiring him to disclose a spent conviction or any circumstances ancillary to a spent conviction (whether the conviction is his own or another’s),” according to Section 4(3)(a).
The ROA does not compel insurers to inquire exclusively regarding convictions that have not yet been served. It does, however, allow an individual to read any query about convictions as merely referring to convictions that have not yet been served. “Where a query requesting information with respect to a person’s previous convictions, offences, conduct, or circumstances is presented to him or any other person other than in proceedings before a judicial body,” says section 4(2) of the ROA.
a) The inquiry shall be considered as if it did not pertain to spent convictions or any circumstances related to spent convictions, and the response may be structured accordingly; and
b) Any failure to recognise or disclose a spent conviction or any circumstances ancillary to a spent conviction in the person questioned’s answer to the question shall not expose him to any responsibility or otherwise prejudice him in law.”
Cautions, reprimands and final warnings
As a result of revisions made by the Criminal Justice and Immigration Act 2008, which says that these penalties become spent immediately, the ROA now covers cautions, reprimands, and final warnings. As a result, simple warnings, reprimands, and final warnings aren’t required to be revealed when applying for insurance. Conditional cautions expire after three months.
Fixed penalty notices, pending prosecutions and other elements
Fixed Penalty Notices (FPNs), pending prosecutions, and other elements are not covered by the ROA (such as arrests). They are not criminal convictions, like a warning. They are not covered by the ROA because, unlike a caution, they are not stated in it. FPNs for endorsable road traffic offenses, on the other hand, are treated as convictions under the ROA. More information about the ROA can be found in our full guidance.
What an insurer considers to be relevant is solely determined by its own underwriting guidelines. FPNs, pending prosecutions, and other factors may be considered important by insurers. If they do, they should inquire about them in a direct and explicit manner. You are not required to reveal anything if you are not asked.
Insurers define this phrase differently when it comes to pending prosecutions. For example, some may imply that you have been charged with a crime, whilst others may consider an arrest sufficient. As a result, if the insurer inquires about pending prosecutions and you are unsure whether or not you must reveal a circumstance that concerns you, you should get guidance from the insurer.
Do I only have to disclose my own convictions?
You simply have to respond to the questions that are posed to you. When questioned about convictions, the question usually refers to everyone who is covered by the policy. As a result, in the case of a household policy, everyone regularly living at the property must report any unspent convictions. In this case, putting the policy in the name of someone else will not solve the problem.
What if I don’t get asked about convictions?
You are not required to reveal them if you are not asked. Although insurers are supposed to ask explicit and direct questions, so it should be obvious if you’re being questioned about convictions, double-check any assumptions, as well as the conditions of the insurance and your policy documentation, to make sure there’s no reference of a conviction. Also, when using comparison websites, be cautious. Make sure the questions from the specific insurers haven’t been pre-populated with a ‘No’ to the question about convictions. Examine the documentation you eventually receive.
What if I don’t want to talk about my unspent conviction?
If you’re asked about convictions, you’ll need to offer enough information for an insurer to provide you an appropriate quote. This information usually includes the crime for which you were found guilty, the date of your sentencing, and the sentence you got. Insurers may request extra information in order to better understand the circumstances of the offense. This may make it easier for an insurer to provide you with a competitive quote. You’ll have to look for it elsewhere if you don’t want to provide it.
What if I am asked “do you have any criminal convictions?
In a good practice guidance for insurers, the Association of British Insurers (ABI) states that “any convictions” refers to “any unspent convictions.” This is consistent with a High Court decision from 2002, which stated that relying on endorsements relating to spent convictions to disadvantage a driver was an unlawful breach of statutory duty. The same is true for non-motor insurance.
The Financial Ombudsman Service has also indicated that it will uphold a client’s complaint if an insurer terminates the insurance of a customer who has a spent conviction but whose license is still endorsed solely because the consumer did not reveal the endorsement.
What about spent convictions that stay on my driving licence?
Convictions that have been expunged from a driver’s record might occasionally remain on the record for a long period after they have been expunged.
Even if an endorsement remains on your license for longer than the’spent’ term (drink-driving endorsements, for example, are valid for 11 years), you are not required to report it to motor insurers once it has been spent.
However, your endorsement may be discovered by some insurers. We frequently see incidents of insurers canceling policies based on a spent conviction like this. If this happens to you, you should contact the Financial Ombudsman and/or the Information Commissioners Office to file a complaint.
Despite the fact that this is still an issue, the Association of British Insurers plans to launch the MyLicence Program in the summer of 2014. It is predicted that this will eventually replace paper counterparts. When giving quotes for vehicle insurance policies, MyLicence will give insurers access to correct data from the DVLA about drivers’ entitlements, convictions, and penalty points. The DVLA, the Department of Transportation, and the insurance industry will collaborate on the MyLicence scheme. When drivers apply for insurance, they will be asked to provide their Driver Licence Number, which will be checked against the DVLA database automatically. We’ve expressed concerns about this system in order to ensure that any expunged convictions are removed. We’ll keep a careful eye on this. Please visit the ABI MyLicense page for more information and guidance on this scheme. See here for more information on DVLA driving records.
What if an insurer says that they need to know about spent convictions?
Insurers are not prohibited from inquiring about all convictions, but it is industry standard to inquire explicitly about unspent convictions. You may, however, treat a query concerning “any convictions” as though it simply pertains to unspent convictions under the ROA. You can contact the Financial Conduct Authority’s Consumer Helpline if you believe an insurer is not treating customers properly (Telephone: 0800 111 6768).
What if I accidentally disclose a spent conviction?
Even if you give spent conviction information, the insurer is legally obligated to disregard it when evaluating whether or not to offer coverage and/or what type of coverage to offer. If you believe you have been harmed in any way as a result of a spent conviction, you should try to gather evidence to back up your claim, as you may be entitled to file a complaint with the Financial Ombudsman.
According to the ABI, “It is an illegal breach of statutory duty for businesses to use spent convictions to disfavor an applicant. In that instance, even if an insurer inquired about spent convictions and received information, the insurer would not be allowed to use the information in their underwriting decision.”
This is based on the ROA’s s.4(3)(b) which states, “A spent conviction or any ancillary circumstances, or a failure to disclose a spent conviction or any such circumstances, shall not be a proper ground for dismissing or excluding a person from any office, profession, occupation, or employment, or for prejudicing him in any way in any occupation or employment.”
What if I am asked “have you had any criminal convictions in the last 5 years?
Only convictions from the previous five years must be disclosed. You are not required to reveal an unspent conviction that was received more than 5 years ago but has not yet been spent because the question you were asked does not mention such convictions.
What if an insurer only asks for details of certain types of convictions?
All you have to do is respond to the questions that are posed to you. Depending on the subject, you may need to communicate with the insurer to find out what they mean by a specific term, as meanings differ. If you plan to act on the advise, you should always endeavor to receive a written response whenever you seek clarification of this nature.
In any case, even if they fit under the type of conviction requested, you are not required to declare any spent convictions.
What if, for motor insurance, an insurer only asks for motoring convictions?
When browsing for car insurance, you’ll notice that many companies just inquire about driving convictions. You do not need to reveal non-motoring offenses if you are convinced that the insurer will not request them.
Have I had insurance refused, cancelled or special terms imposed?
Within the insurance sector, there is no consensus on what constitutes “refused” insurance. You should clarify with the insurer what they mean when they use this word. You have not been’refused’ if an insurer simply opted not to insure you since they do not offer coverage to those with convictions. It’s the same as a 25-year-old looking for insurance with a company that only insures persons over 50.
When an insurer cancels your insurance contract during the period of your policy, it’s usually because of the discovery of a new material fact that wasn’t revealed when you took out the policy. This does not include situations in which they warn you that they will no longer provide coverage after your next renewal date.
An insurer may impose’special terms’ in order to lower the perceived risk. When you are provided insurance, but not on the usual terms, here is what you should do. They may, for example, have exclusions that prevent them from having to pay a claim in specific circumstances, such as in the event of theft, fire, or damage caused by vigilantism.
Answering questions about refusals, cancellations and special terms
If you have a spent conviction, you are usually not required to divulge anything that would result in the conviction being revealed. “A conviction that has become spent, or any circumstances supplementary thereto… shall not be a sufficient foundation for prejudicing him in any way,” according to the ROA.
As a result, if you’ve just had a denial or cancellation as a result of a conviction that’s been expunged, you’d believe you’d be able to react by stating ‘no.’ However, there appears to be some skepticism regarding this issue, which has yet to be proven in court. In 2010, a judge ruled in favor of an insurer’s decision to cancel an insurance policy mid-term after a non-disclosed conviction was discovered. In this case, the claimant had a past criminal damage conviction that he neglected to report to a previous insurer before the money was spent. As a result, his new insurers used his previous dishonesty as a reason to cancel his policy. However, there were a number of other, possibly more important issues working against him, including previous fraudulent statements. A single false remark, the judge said, might not have been considered substantial.
As a result, we believe that if you have previously had insurance declined or cancelled due to non-disclosure of an unspent conviction, this is something that an insurer might use against you in the event of a claim or a dispute.
When the insurance inquires about “refusals or cancellations,” you should explain this to them. In our experience, ‘good insurers’ will see that there is no problem because this now pertains to something that has been spent. They will also be able to determine if the non-disclosure was deliberate or unintended or innocent, especially if your insurance was declined or cancelled due to non-disclosure of unspent convictions. If it’s the latter, they’ll be more forgiving and make decisions on a case-by-case basis.
This is a clear policy issue for people with spent convictions, and we’d like to hear about people’s experiences after declaring their convictions to an insurance, so do email us your stories.
If you have a pending conviction, you must answer all questions completely and truthfully. As a result, you must notify the insurer if your insurance has been refused, cancelled, or special terms imposed as a result of your conviction (or for any other reason). You do not have to state that you have been refused insurance if other insurers simply refused to give you a quote because of your convictions. However, if your insurance was cancelled as a result of not disclosing a conviction that you should have mentioned when you took out the policy, you will need to tell future insurers about it.
Do you have to declare spent motoring convictions?
If you’re asked, you must reveal any unspent convictions, but if you obtain a conviction during the course of your policy, you don’t have to tell your insurer until you renew, unless your policy wording specifically states otherwise.
Your insurance will be worthless if you do not declare your unspent convictions when renewing or purchasing a new policy. If you’ve made a claim, your insurance may even ask for a refund.
Because of the Rehabilitation of Offenders Act 1974, your conviction will become’spent’ after a specified period of time and will no longer be used against you.
When should you disclose a spent conviction?
In most cases, once you’ve spent your money, you can lawfully lie about your past convictions by saying “no” to an inquiry regarding them. Once your convictions have been expunged, the Act allows you the option of not disclosing them when applying for jobs, unless the position is exempt (see below).
Can insurance companies access DVLA records?
At the point of quote, MyLicence gives the insurance sector real-time access to a customer’s driving license record, which is stored by the DVLA.
What happens if you forgot to declare points on insurance?
It’s possible that if you don’t tell your insurance company about your points, your policy will be canceled. If you file a claim, your insurer may decide not to pay, leaving you with some hefty fees. Furthermore, if you drive without valid insurance, you risk receiving additional points on your license and being prosecuted.
Remember, you don’t have to declare your points once they’ve been used.
Why do car insurance companies ask if you have a criminal record?
People with a criminal background are more likely to be involved in accidents and file claims, according to statistics. As a result, having a criminal record automatically puts you in the “high risk” category in the eyes of insurers.
Do insurance companies check police reports UK?
Shortly after you submit your claim, your insurance company begins an investigation. An auditor or legal professional working on behalf of the insurance could be the investigator.
By questioning the claimant and witnesses, an investigator gathers information regarding the incident/accident that led to the claim. They’ll also begin collecting physical evidence at the accident site. If there were automobiles involved, they could want to inspect each one to assess the situation. Documentary evidence may also be obtained from police and medical reports, among other sources.
The insurance company may appoint a loss or claims adjuster to investigate the claim if it is for a considerable sum. A claims adjuster will investigate the cause of the claimant’s loss and evaluate if the loss is covered by the claimant’s insurance.
It’s a good idea to hire a loss assessor to defend your interests. These services are especially beneficial if an adjuster is brought in by the insurance company.
When the investigation is completed, the investigator will submit a case report to the insurer detailing their findings. This case report will be used by the insurance company to determine how to proceed with a claim and what kind of settlement to give.
Incident Overview
The claim investigator will begin their investigation of the claimant’s case by compiling a summary of the claim. The summary will include a brief explanation of the claim as well as the incident/time, accident’s date, and location.
Claimant Interview/Statement
The claimant will be interviewed by the insurance adjuster, who will get a verbal or written statement detailing the occurrence. The purpose of the interview is to learn every detail about the incident/accident from the claimant’s point of view.
Documentary Evidence
By comparing the claimant’s tale to information acquired from other documented sources, the adjuster will be able to validate the claimant’s story. Insurance companies scrutinize police reports, so your account of the incident should match the police report.
As a result, if the case warrants it, contact the police to file an accident report. A police report is essential for understanding what happened and deciding whether the claim presented is legitimate. You’ll lose crucial backing for your claim if you don’t have one.
The following documents are also helpful in the insurance claim investigation process:
Physical Evidence
Fingerprints, damaged goods, computer hard drives, and DNA are all examples of physical evidence utilized in insurance claims investigations. Investigators will properly analyze the evidence to guarantee that it has not been tampered with. Physical evidence tampering might invalidate your claim and potentially lead to prosecution.
Witness Statements
People who witnessed the vehicle accident or other occurrence that caused your loss may be able to provide valuable information that supports or refutes your claim. Conflicts between your story and the testimony of a witness will necessitate further investigation.
Survey the Area and Suspect
Photographs and videos of the accident scene and the claimant’s loss are required for property damage and auto insurance claim investigations. To uncover contradictions, the investigator will compare the photographs to statements and official records. It may also be required to monitor the claimant to ensure that they are not lying about their accident and loss.
Obtain Other Contextual Information
When it comes to incidents/accidents, how far back do insurance companies look? When investigating insurance claims, investigators are meticulous and will check into every aspect.
To understand more about the claimant’s position, the investigator could go through all of their social media accounts. The investigation will also look at the claimant’s history to see if they have made similar claims in the past and whether they were successful or unsuccessful.
You Must Give Complete Information About Your Losses
Your insurance company will begin verifying the contents of your claim after receiving your house or car insurance claim. The company will also check to see if your request complies with your insurance policy’s criteria.
By cooperating and providing honest answers from the start, you can avoid delays and other issues. If you have images or other proof to back up your claim, make it available to increase your chances of success.
Requests for Personal Information
Expect a call from the insurance adjuster whether you or someone else is at fault in a property or car collision. The adjuster will ask for personal information such as your residence, complete name, date of birth, health insurance company, primary care doctor, and so on as part of the insurance claims procedure.
All of the information you supply will be included into a national database that contains information about:
If the information you submitted conflicts with what is in the database, it could imply fraud and stymie your claim. Similarly, if your information suggests that your current injuries were caused by a past accident, the amount of money granted by your insurance company may be less than you expected.
Before submitting your personal information to an insurance adjuster, speak with a solicitor to protect your interests and privacy. If you were at fault in the accident, you should seek legal guidance immediately.
Information from Third Parties
The insurance company may also ask anyone who witnessed the collision for information. Friends and family members of the claimant may be contacted by the investigation team as third parties. It is not necessary for the third-party to be a beneficiary of the claimant’s insurance policy.
You must give the adjuster the names and contact information of anyone who may be able to help you with your claim. It is not, however, your responsibility to compel anyone to answer the insurance adjuster’s inquiries.
Insurers are not allowed to refuse to pay a claim because a third party refuses to answer questions.
It’s worth noting that having a third party work with the adjuster can work in your favor if they have information that will help you prove your loss.
Insurance Fraud Investigations
Insurance fraud raises insurance premiums for insurers, claimants, and everyone else. In order to protect their bottom line, insurers must verify the validity of a claim before providing reimbursement.
Claims investigation services are required for property damage, car accidents, and personal injury. It is impossible to determine who is at fault and who is entitled to compensate without it.
Fraud happens when a person uses dishonesty to obtain reimbursement from an insurance policy. A fraudulent home insurance claim, for example, could entail intentionally causing damage to one’s insured home and then filing a claim. Insurance scams include lying about the cause of losses, who is responsible for damages, and misrepresenting the size of your losses.
Scams like this can result in you losing your insurance claim and coverage, as well as serving time in prison. The insurance provider bears the burden of proof when it comes to proving an insurance fraud claim. Property and automobile insurers prove fraud by demonstrating that the claimant did not act in good faith and sought to deceive the insurer.
- Examining incident-related papers, such as a medical or police report
- Monitoring the claimant both online and offline to see if the harm or injury they claim is real.
An insurance investigator may also receive information about a fake insurance claim from third parties. It’s better to report an insurance scam to the insurer or the Insurance Fraud Bureau directly (IFB).
Can insurance companies check your driving licence?
While giving a copy of your driver’s license and other documentation may be inconvenient, insurers have a valid reason to check your DVLA license. In fact, ensuring that all policyholders supply complete and accurate information on previous convictions and penalties can help you save money.