"prosecutions pending"

kirk.

Not affected by this but it seems an unreasonable question to ask

Shouldn't there be a presumption of innocence before a conviction or acquittal

I hear it said that insurance companies can ask any question they like and they surely do but is there no limit

coylemj

If you have a pending prosecution for driving under the influence, it's 99% certain that you failed a roadside alcohol/drugs test.

It's only 'unreasonable' for an insurance company to ask if you have any prosecutions pending if you feel it's ok to conceal the fact. Which itself is unreasonable.

kirk.

https://www.boards.ie/discussion/comment/121254981#Comment_121254981

If memory serves the question is general

Not just road traffic offences

coylemj

Nobody is forcing you to answer the question. If you don't like it, take your business elsewhere.

Insurance companies are constantly targeted by fraudsters who are involved with staged accidents, exaggerated injuries and even accidents that never happened. The reason they want to know about pending prosecutions is to protect themselves from dishonest people. And drunk drivers.

kirk.

https://www.boards.ie/discussion/comment/121255168#Comment_121255168

Jaysus you're some useless poster

Talking complete irrelevant nonsense

Eggs For Dinner

https://www.boards.ie/discussion/comment/121255193#Comment_121255193

It's totally accurate and answers your original question.

coylemj

I just came across the last renewal form for my home policy. It contains the folowing question......

Have you or any member of your household ever been convicted of or charged with any crminal offence?

So it's not just motor insurers who ask the question.

NUTLEY BOY

https://www.boards.ie/discussion/comment/121255193#Comment_121255193

I disagree. Suppose the following ;

1. A policyholder is served on 06.11.2023 with a summons for a matter triable in 2024.
2. The policy falls due for renewal on 31.12.2023.
3. The policyholder does not disclose the pending prosecution at renewal.
4. The policyholder is convicted in 2024.

Where does that leave the insurance underwriters if there is a conviction ? It leaves them insuring a party whom they might otherwise not wish to cover. The particulars of the offence charged might be material to an underwriter's view of the acceptability of the risk.

The requirement to disclose a pending prosecution does not in any way infringe on the established principle that a defendant is presumed innocent unless or until convicted. If there is an acquittal there is no basis for an underwriter to impose any particular terms. If there is a conviction the underwriter might have justification for applying underwriting terms.

kirk.

But will they insure you

I would argue it's unfair

Apologies to coylemj for the rant if required

coylemj

Will they insure you?

You would definitely be rejected for an online quote and would have to phone them to discuss the details. Ultimately, you'd probably end up having to consult a broker who specialised in getting cover for 'difficult' cases.

I would argue that it's unfair.

It's only unfair if you're also prepared to say that a shopkeeper shouldn't be able to ask a prospective employee if they had any previous convictions, especially in the category of theft and fraud.