I was getting a car insurance quote, I've had 11 years driving with no claims at all, but was going to put my 22 year old brother, he had his license disqualified for 6 months(accidental loss of traction) but the court was very understanding and didn't convict him and 0 fines, so he does not have any sort of record.
I was talking to insurance and they said regardless if I mention about the disqualification they will find this information out at the time of making a claim even though there is no record of him loosing license.
Is that true!
tonyrockyhorror,
Jan 13, 5:13pm
Yes. There IS a record of him losing his license even if he was discharged without conviction. A sentence was still imposed.
mirnama,
Jan 13, 5:18pm
2 questions - 1. how long does this record stay for! 2. if we go to Australia would he still have to disclose this piece of information!
ashpot,
Jan 13, 5:23pm
Insurance should usually say something like. "In the last xx years, have you had ." I think AMI asks 5 years
tonyrockyhorror,
Jan 13, 5:26pm
1. As it's not criminal and therefore perhaps not covered by the "Clean Slate Act", probably forever. However, insurance companies are not generally interested in anything beyond about 5 years. 2. No. It's traffic.
mirnama,
Jan 13, 5:26pm
It was AA and it doesnt say x number of years, so guessing its like 'if you have ever' .
mirnama,
Jan 13, 5:27pm
From what I know it IS a criminal offence, and clean slate sure does apply for it. But the question was, will insurance companies in Auss ask the same question, would he have to disclose it!
vtecintegra,
Jan 13, 5:32pm
You should really get some proper legal advice on your specific scenario.
If it is a criminal conviction covered by the Clean Slate Act then it will have to be disclosed (as the clean slate only applies in this country). If its considered traffic I don't know.
tonyrockyhorror,
Jan 13, 5:33pm
That implies for the purpose of entry since you make no mention of insurance.
mirnama,
Jan 13, 5:40pm
So when getting an insurance quote in Aus, he does not have to disclose his disqualification in NZ!
tonyrockyhorror,
Jan 13, 8:33pm
If he fails to do so the insurance company may consider that material and decline any claim. I'm unaware of whether Autralia has the same legal protection as our Insurance Law Reform Act 1977 or and Insurance Ombudsman as we have here. You would have to make enquiries.
But at the end of the day you should simply not take the risk and disclose the information.
Only if you disclose. They can't just look up a magic database.
vtecintegra,
Jan 13, 9:50pm
They can request your criminal record from MoJ though, and the one they get back will be complete (i.e. with all the stuff that would be hidden by clean slate here)
sw20,
Jan 13, 9:52pm
If you approve it. They can't just send it out because they want it. You have to say you agree to them being a third party for the information.
pico42,
Jan 13, 10:05pm
Is there such an offense as accidental loss of traction!
tonyrockyhorror,
Jan 13, 11:33pm
Your point is moot because If you don't authorise the disclosure, they refuse entry.
owene,
Jan 13, 11:47pm
How can you "accidentally" loose traction!
trouser,
Jan 13, 11:54pm
Fell behind the couch.
morrisjvan,
Jan 14, 12:06am
he is 22, get himself to sort his own shit out.
ashpot,
Jan 14, 12:16am
First of all you have to be young and have a nice looking car. Then you need a police officer low on fines watch you go round a roundabout and the tires let out a screech sound. Then the police impound your car and go to court.
I've seen this happen to a couple young guysand the sanctions does not fit the crime. Sh!t I've seen police do it where it can be avoided.
roryton,
Jan 14, 12:44am
Um weather and road conditions, inexperienced driver, over powered car, list goes.
big.b-lil.c,
Jan 14, 1:11am
how can he not be convicted yet be disqualified for 6 months!
arandomusername,
Jan 14, 1:52am
Yes I was thinking that as well. He must have been convicted, in which case it is a conviction he will have to disclose. But I wouldn't worry if I was him, it's a minor offence and I don't think it's anything Australia will refuse him entry into the country for.
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