Car
Insurance and the Rehabilitation of Offenders Act
In 1975
The rehabilitation of offenders Act came into force following
Lord Gardiner's report, which stated that a million people
in the United Kingdom had a criminal record. This Act set
out to protect reformed characters by wiping off criminal
convictions after several conviction free years. This Act
has changed the way insurance companies look at convicted
drivers.
Convicted Drivers
Some
car insurance companies offer driving insurance for convicted
drivers within the United Kingdom. Lots of insurers still
look at convictions, as a serious problem but under the law,
spent convictions cannot be taken into account. It is the
duty of the insured person to honestly disclose all convictions
that are not spent.
Rehabilitation of Offenders Act
The
1974 Rehabilitation of Offenders Act enables some criminal
convictions to become 'spent' or ignored, after a period of
'rehabilitation'.
Sentences Handed out for Car Offences
The
rehabilitation period for some convicted drivers depends on
the original sentence given, not the offence that was committed.
For a custodial sentence the rehabilitation period is decided
on the original sentence given, not the time spent. To all
convicted drivers, it takes account of motoring offences and
therefore affects the handling of driving insurance. The general
public understands very little about this so it is important
to establish the facts. This will avoid repudiation of claims
or re-quotes after a non-disclosure. An endorsement on your
driving licence, does not fall within the definition of the
act so cannot affect the rehabilitation period. It is unlikely
that a person would receive penalty points without a fine,
disqualification or a prison sentence.
Example:
If a person was caught speeding and was given three penalty
points and a £50 fine in this case it is the fine of
£50 that would result in a 5-year rehabilitation period,
not the endorsement.
Insurance and Drink Driving
This
also applies to drink driving offences. The licence is endorsed
for eleven years; but, any rehabilitation period is determined
by the punishment (fine, disqualification or imprisonment).
Disqualification relating to driving insurance for convicted
drivers in United Kingdom. If a person is disqualified from
driving or being a company director at the same time as receiving
another penalty, the longer rehabilitation period applies.
Example:
If a person is banned for seven years and fined - which takes
five years to become spent - the rehabilitation period would
be seven years not five years.
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