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Insurance +accident +didn't declare points - robg58

I was involved in a crash last week, at the time of taking out the insurance I didn't tell them about 6 points that I had for speeding.The evidence from the internet seems to think that they have access to a database of everyones driving licence which they consult after the accident but not before the insurance is taken out.

How can they look at what I have on my licence without my permission?I rented a car over the last couple of days and the car hire company had to phone up the DVLA , tell them who they were and then pass me over, I then was asked was it OK for them to divulge what if any convictions I had on my license. I replied OK then handed the phone back to the car hire guy who was told the state of play.

You would assume under the Data Protection Act that an insurance company would have to ask my permission to access my records, because you try getting any information from the police , even though it was you in the accident , the standard reply would be can't under the Data protection act..

Any back rooom lawyers?

Rob

Insurance +accident +didn't declare points - Armitage Shanks {p}

A real expert will be along soon, you hope. (DVD). My take on this is that you applied for insurance and obtained it but failed to declare your points. There would have been a question something along the lines of "In the last 5 years have you been convicted of any motoring related offence or are any such charges pending?" If you didn't declare them, at the least, you have obtained insurance on the basis of a false declaration, which is a serious offence and may have invalidated some elements of your insurance.You even have to answer questions about non-motoring convictions!

On that basis the insurance company are probably entitled to ask a lot questions and check your driving licence as they are investigating a criminal act. The difference is that hiring a car is not a criminal offence so Data Protection would apply.

Insurance +accident +didn't declare points - dacouch

What was the reason you did not declare the convictions ?

Insurance +accident +didn't declare points - robg58

.Along with my hours at work being cut by 20% in November 2008 , a stack of debts run up by my wife .No pay increase in the last 4 years too. I looked at things I could save money onas I need the car for work as I work weekends when we have no bus service fromwhere I live and through the week I have to run my wife to work as she starts before the first bus,if I had to go by bus it would take me around 3 hours extra every day and twice the cost too.

no 1 : House insurance , had it for 30+ years , it was the first thing to go .

Alas my house had just caught fire in late November and I was looking to save as much as I could as I have had to use every last penny and a few hundred hours rebuilding everything on the inside from scratch, for which I also had to cash in a couple of old pensions to scrape up enough money .

Technically though are penalty points for speeding an offence as when you are offered the option to pay a fixed penalty, it is an offer not to be convicted if you pay the fixed penalty just the same as taking a pee in the streets, if you are caught you pay the fixed penalty but are not convicted and don't spend the night in the cells.

If you look at the section of your licence that records the fixed penalties the second section in says date of conviction, when you receive a fixed penalty there is nothing written in there so you have not been convicted of anything which is the wording of the question they ask you over the phone.Not do you have any penalty points but have you been convicted .Semantics I know but I was being truthful as I have not been convicted which involves getting a summons to appear in court.I rest my case.

Any opinions?

Insurance +accident +didn't declare points - dacouch

If your licence shows the convictions on it then they should be declared.

You don't specifically state in your post why you did not disclose the convictions (Fixed penalties are convictions).

Is it because you did not understand the question they asked

You purposely did not disclose them to save money or

The stress of the domestic problems made you forget

or another reason

Insurance +accident +didn't declare points - Dwight Van Driver

Undeed, my learned friend AS is very correct in his post above in outlining the seriousness of telling porkies.

Section174 Road Traffic Act 1988

(5)A person who makes a false statement ( no points when they have)or withholds any material information for the purpose of obtaining the issue—

(a)of a certificate of insurance or certificate of security under Part VI of this Act, or

is guilty of an offence.

Max: Summary: 6 months or fine of £5000 or both

On Indictment: 2 years impr, or a fine or both.

As far as DPP Act is concerned, of which I am far from being ane expert, I understand that certain information can be legitamately accessed in relation to Insurance for this very reason by a third person and from the number that do access DL records then this it would appear to be kosher.

DVD

(Good to see you back AS and not posted Angel Squadron)

.

Insurance +accident +didn't declare points - Armitage Shanks {p}

As ever I have the general drift and DVD has the Chapter and Verse! I hope OP does not get hit with the full force of the law. The last few months of his life do not seem to have gone too well for him.

Insurance +accident +didn't declare points - robg58

The fire was just the start ,I had just finished putting the house back together around 3 months later I got a call at work saying that the wall at the bottom of the garden had collapsed , unfortunately this keeps the sea out.Fast forward a few weeks and 24 tonnes of sand and cement to rebuild the wall , 18 cubic metres of concrete for reinforcing ,then 100 tonnes to fill the hole the sea had excavated , cap it all off with 6 cubic metres and the job was done , again no insurance.

Couple of months later get called into the office at work to be told my already reduced pay was being arrested for not paying the council tax,this was after scrapng to pay of £2000 in mortgage arrears, £2000 owing to the gas,arrears of £1500 to the endowment which now won't pay out enough to cover the mortgage.

I am now in a debt management plan to pay off all the credit cards my wife ran up and now pay all the bills myself and my wife no longer has access to any money I earn.

I used to think there was light at the end of the tunnel but now I think the b******s tricked me and it's a mine.

Rob

Insurance +accident +didn't declare points - Bobbin Threadbare

DVD is right; you have to declare the points. I just did this (shhh - I got 3 points and a fixed £60 for speeding on a damned empty motorway!! First offence booooo) and I actually got some money back as I have dropped my mileage, so I used the opportunity to tell them that.

I do feel sorry for your situation robg58 but you basically broke the law and you've got nothing! Your interpretation of the way points are applied is incorrect; have a look at the PePiPoo website.

Insurance +accident +didn't declare points - oldroverboy
Sorry to hear that you have l
Insurance +accident +didn't declare points - robg58

Turned out all right got back just under twice what I paid fior the car 6 weeks ago,could my horrendous luck be finally turning and I didn't even have to fix the suspected leaking cylinder head .(now what did I do with that lottery ticket)

Rob