Do I Have to Disclose Motoring Convictions or Pending Prosecutions to My Insurer?

When you are taking out a policy of insurance, nearly all insurers insist on you notifying them of any motoring convictions you have received within the last five years. This includes offences dealt with by way of a fixed penalty notice, as many speeding offences are. While it may seem like a minor point, failing to update an insurance provider about a speeding ticket, fixed penalty notice, or other motoring conviction can result in serious trouble.

This is because a failure to update your insurance company may render any car insurance policies invalid, which, in turn, could leave you driving without insurance. The legal implications of driving without insurance are much more severe and can result in more than just penalty points on your driving licence, but in fines and other significant consequences.

Here, the expert solicitors at JMW explain why even a minor motoring offence may need to be reported to your insurance provider, and what to do to stay on the right side of the law if you are facing a criminal conviction, penalty points or other punishment for a driving offence.

Do I Have to Notify Insurance Providers if I Am Convicted of a Motoring Offence?

The terms of most insurance policies demand that drivers inform their insurance provider if they are convicted of a motoring offence whilst the company is providing insurance cover. A failure to notify your insurer of a motoring conviction could render your policy invalid and result in your insurer refusing to deal with any claims that may arise. This is because a motoring offence could affect your risk profile, which is the basis of your cover.

Not all accidents, offences, or incidents need to be reported - for example, most insurers do not specifically require you to disclose pending prosecutions. However, to err on the side of caution, you should check the terms of your insurance policy and make sure you are aware of anything you are legally required to declare. This usually includes any convictions that go on your driving record, such as:

• Speeding offences - these include the most common offences of driving above the speed limit and should not significantly affect insurance premiums but must still be reported to your insurance provider.
• Driving under the influence of alcohol or drugs - this could affect insurance premiums, as it will impact your risk profile.
• Careless driving or dangerous driving - driving without due care and attention, or the more serious offence of dangerous driving, can have serious consequences and must be declared. These offences indicate risky behaviour and will usually lead to an increase in premiums. In severe cases they could lead to a refusal of cover.
• Using a mobile phone while driving - this offence has become more common with the increase in mobile phone use and may be treated seriously by insurers, depending on the legal consequences you face.
• Driving without a driving licence - while it is usually impossible to get car insurance in the UK without a driving licence, you may still be guilty of this offence if you are caught driving a vehicle for which you do not have the correct entitlement. This may include driving a vehicle of a class you're not licensed to operate, driving after a licence has expired or been revoked, or driving while disqualified. All such convictions should be reported to your insurance provider, and may significantly increase your premiums.
• Causing death by dangerous driving - a conviction for causing death by dangerous driving usually results in a mandatory disqualification (of at least 2 years) and a requirement to take an extended retest. If you are disqualified, driving without a licence or valid insurance is a further offence. Your insurer must be informed as they may wish to update or terminate your policy as a result.

In some cases, it may be tempting not to inform your insurance provider, as certain motoring convictions (or having a criminal record as a result) can lead to much bigger insurance premiums, or lead your provider to cancel your insurance. However, an insurance provider can also cancel your policy if you do not update them of important changes. This is a greater risk, as it could leave you driving without insurance and unaware that this is the case. Driving without insurance is an offence in its own right, and can lead to significant consequences without even realising that you are at risk, as detailed below.

What Are the Potential Penalties for Failing to Declare Motoring Offences?

Failing to report a motoring conviction to your insurance provider can have serious consequences, whether it is a serious offence like careless or inconsiderate driving that resulted in injury to someone else, or a relatively minor motoring offence like running a red light. Your policy may be deemed invalid if you have failed to declare any driving convictions, which can lead to further penalties.

If your policy is rendered invalid due to an undeclared driving conviction, and you continue to drive your vehicle as an uninsured driver, this is a motoring offence in its own right that can result in a further conviction. You can be convicted for driving without insurance even if you did not know you were uninsured, and the penalties can be immediate and severe, depending on the circumstances and whether the case is dealt with by a Fixed Penalty Notice or in court.

In straightforward cases such as roadside stops where no valid insurance can be shown, police may issue a Fixed Penalty Notice with a fine of £300 and six penalty points on your driving licence. If you have received points on your licence previously for your undeclared conviction, and this amounts to 12 points on your licence, this results in an automatic driving ban (sometimes called a "totting up disqualification").

If the offence is referred to the Magistrates’ Court, the penalties can be more severe:

• An unlimited fine
• Six to eight penalty points.
• A driving disqualification, particularly in repeat or aggravated cases.

Courts consider the level of risk, the driver’s history, and whether the driver was knowingly uninsured. While fines are usually calculated based on a driver's means and their level of culpability, the fact that they are technically unlimited is a significant deterrent.

A further consequence of all of this is that you would need to declare these motoring convictions when seeking insurance policies in the future. The offence of driving without insurance can remain on your driving record for several years and be a red flag for insurers, which can increase costs.