Honest policy
Question
I've been applying for new motor insurance and I need to declare points on my licence but I don't understand if I have to declare points that are past their three year validity date. I'm confused because the law states that the endorsements I have are only valid for three years but they have to remain on my licence for a further 12 months. Do I have to tell the insurance company about them?
Answer
Looking at your question there are two different types of law that are affecting you and causing your confusion. One is criminal law and the other is contract law. In your case it is likely that the contract law is going to win out, because if you want this company to insure your car then you are going to have to fit in with its requirements or look for a different insurer.
In criminal law, under the Rehabilitation of Offenders Act a conviction is not spent for five years so you would have to declare this, unless it was a fixed penalty notice (like those issued for speeding or parking offences). But if the insurance company asks for information about all accidents and endorsements in the last five years, and you don't give them this information, then your insurance could be invalid.
If this was the case then if you had an accident you might find you were driving without insurance, which could cause much bigger problems in the long run.
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Question answered by CAB
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