Don’t Get Caught Out – Driving Convictions

Under insurance law you have a duty to answer all questions asked truthfully, fully and accurately. This includes driving offences and there are serious consequences if you fail to disclose a conviction as an individual or to your employer. If you haven’t disclosed driving convictions to your insurer you may find that they won’t protect you in the event of a claim and you may have to pay, not just for damage to your vehicle but for any damage/injury caused to any other party (if you are found to be at fault). To ensure you are completely protected by your insurance policy you need to advise your insurance broker or your insurer immediately of any material facts, which under a motor policy will include driving convictions as follows:

• Anyone with 6 or more points
• Anyone that has been banned from driving in the last 5 years
• Anyone that has convictions with codes: DD, DR, DG, IN UT, BA, TT, CD, AC, MW

This applies to anyone that drives a vehicle under your policy, whether it’s a temporary or permanent driver. Any of the above situations must be disclosed prior to them driving a vehicle. Typically, we as insurance brokers will always ask during the pre-renewal process about changes in circumstances INCLUDING driving convictions. Rather obviously, we don’t know what we don’t know. However, you must tell us as soon as you or your drivers sustain any convictions during the policy period. Do not wait until renewal.

Why Are We Concerned?

Different insurers have different attitudes to driving offences, but we are seeing a noticeable increase in harder attitudes to non-disclosure from insurers when they are considering a claim. If you or your employer fails to declare a conviction your claim may be repudiated. With some insurers it isn’t a question of they might repudiate a claim … They will decline to meet a claim if a conviction hasn't been declared.

What About If I Drive For An Employer?

If you don’t tell your employer about convictions, you are likely to face disciplinary action, dismissal or even legal action. Best practice would be that your employer conducts regular licence checks. Often, these are done automatically as part of your terms and conditions of employment. The frequency of checks usually increases dependent on the number of penalty points a driver has on their licence. It is your responsibility to ensure that your licence(s) are valid. You must report any changes to your entitlement to drive, any suspension of your licence, any changes to your licence including the addition of points or convictions or anything else that may affect your entitlement to drive.

What Are The Main Offences?

Below are the main offence codes that can be put on a driving licence. Offence codes and penalty points must stay on your licence for 4 or 11 years depending on the offence. Accident Offences – AC Codes Disqualified Driver – BA Codes Careless Driving - CD Codes Construction and Use offences – CU Codes Reckless /dangerous Driving – DD Codes Drink – DR Codes Drugs – DG Codes Insurance offences – IN Codes Licence offences – LC Codes Motorway offences – MW Codes Speed Limits – SP Codes Theft or unauthorised taking – UT Codes