Car Insurance and Motoring Conviction

[insuranceman]

Hi there,

I was in court recently and received 2 convictions for failure to light a vehicle correctly in a public road. Basically my brake lights weren't working and I got a conviction for each brake light.

I am wondering about my insurance now. I renenwed a couple days before I went to court but looking it up now I should have disclosed to them that I was going to court ie pending conviction.

I read a situation online about someone who informed my insurance company about the fact that his wife had a claim 2 years previously six months after getting their insurance policy (he had forgotted and thought he would inform them as it is the right thing). They cancelled his insurance under non disclousure and found it really hard to get insurance after this.

I am just looking for some advice on what to do? If I inform them now then I risk getting a non disclosure cancellation. If I dont inform them then I risk being technically uninsured if I was ever to get in an accident.

 

[vandriver]

You have no option.Ring them this morning and declare the conviction.
On a side note,did the Guard not offer for you to get them fixed and present yourself at the station ?

 

[DirectDevil]

Hi there,

I was in court recently and received 2 convictions for failure to light a vehicle correctly in a public road. Basically my brake lights weren't working and I got a conviction for each brake light.

I am wondering about my insurance now. I renenwed a couple days before I went to court but looking it up now I should have disclosed to them that I was going to court ie pending conviction.

I read a situation online about someone who informed my insurance company about the fact that his wife had a claim 2 years previously six months after getting their insurance policy (he had forgotted and thought he would inform them as it is the right thing). They cancelled his insurance under non disclousure and found it really hard to get insurance after this.

I am just looking for some advice on what to do? If I inform them now then I risk getting a non disclosure cancellation. If I dont inform them then I risk being technically uninsured if I was ever to get in an accident.

Read their proposal form / online form question about pending prosecutions very carefully. I suspect it will indeed verify that you must disclose pending prosecutions. I have seen use of the expression pending conviction but I don't care for that phrase as I consider it to be legally meaningless. At the time of proposal you had no conviction just a pending prosecution. However, on construction of words I see no technical escape here for the next reason below.

You would still probably fall foul of the general obligation to reveal a material fact. The pending prosecution is a material fact.

A material fact is one which could influence the mind of a prudent insurance underwriter in deciding whether or not to accept a risk proposed for insurance and, if so, on what terms and conditions.

Failure to disclose might also constitute a misrepresentation. Misrepresentation could be an offence under S. 64. Road Traffic Act 1961. Here is a link http://www.irishstatutebook.ie/eli/1961/act/24/section/64/enacted/en/html#sec64

In short , you really need to resolve this with the insurers NOW. As matters stand you are at risk of being pinged for no insurance if you have the misfortune to be in an accident. Indeed, the same could be said every moment that you drive in the present circumstances without getting this sorted as you risk the same problem even if not involved in an accident.

That said, the underwriters might not hammer you but they would be within their rights to do so.

+1 vandriver's sidebar point. Did you have a solicitor ? Two convictions seems a little rough but I don't know the full evidence.

 

[Jimbobp]

I would get some quotes from alternative insurers asap (and obviously disclose the full facts). The likely hood is that your existing insurer will look to cancel your policy due to non disclosure, if they do you'll also have to disclose a 'forced cancellation' to your new insurers which will make thing's even more difficult, so better to have a plan B if they do that.