Bahtatboy

Here's the Financial Ombudsman's view of the stance that UK insurers would/should take:

issue 27 - insurance complaints involving non-disclosure

What that doesn't tell you is in what circumstances they'll check. But just bear in mind that Loss Adjusting is a job, Loss Adjustors get paid, they're employed by insurance companies and their function is to establish a) if an insurer has an obligation to pay, and b) how much the insurer should pay. And they ask questions.

Jamielanks

Thanks for all the comments. It looks like I would have to ask an attornery to really know what I should do.

Bermudashorts

The answer is very easy. You need to declare your history. During the insurance underwriting process you will be asked about your history and obviously you are expected to be truthful. You don't need a lawyer to tell you that you shouldn't lie when taking out an insurance policy.

Insurers won't check things when they underwrite the policy, but they are very likely to should there be a claim. For the sake of a higher premium, it is madness to invalidate your policy and risk it not being paid out should you have a serious accident. Even a minor accident is likely to cost you far more than an elevated premium.

* have worked in insurance for many years, not in underwriting or claims but I do try to keep informed.

Pulaski

This, 100%!

And by extension, Bahtatboy's comment is correct. The insurance company probably won't notice if you have omitted to disclose foriegn driving offences when you buy the policy, but in the event of a major claim, exactly when you most need the insurance, they are likely to ask more probing questions and research your driving history.

Of course if you were convicted of some local, idiosyncratic driving offence in a foreign country there likely wouldn't be an issue (of course you should still disclose the offence (s) when you buy the policy), but a DUI is a serious matter throughout the civilized world and could see your claim/ policy voided for reasons of fraud.

ETA: I now see BermudaShorts posted the same advice a few minutes ago.

Giantaxe

A US DUI conviction is also public record, so not exactly difficult for anyone anywhere to discover it.

Jamielanks

Im hoping it will be reduced to a wet and reckless

Pulaski

You realize that you will have to disclose that in the UK too right? And it is by definition a euphemism for a DUI charge (30 seconds with Google proves that).

Given that there is no UK equivalent to a "wet reckless", I am not sure how you think you can adequately disclose, in response to an insurance policy application question, a "wet reckless" without admitting that it is a form of drunk driving conviction.

Jamielanks

Fair comment

holly_1948

You can't be convicted in your absence.
You can be accused, indicted even, and a bench warrant issued for your arrest. But you can't be convicted without due process including arraignment or waiving of rights.
And a State bench warrant is not effective out of the USA.
And an accusation is not a conviction, laws vary from jurisdiction to jurisdiction. Action that may be considered drunk driving in one place might not be considered drunk driving in another country because the governing laws are different. And that is both crucial and material.

I don't see how you are obliged to tell an insurer where you have been spending your life. Unless they ask of course, assuming they don't really want your business.
Different if you had been driving for years in the EU.

Pulaski

So you're recommending that he go on the lam? I suppose that might work if he never wanted to visit the US again, ever.

Bermudashorts

For heavens sake, it is just a higher insurance premium. But you are suggesting he goes in the run to avoid it? That he should risk the insurance company not paying out and possible financial ruin - just to save a few quid? Try getting some perspective.

Insurance companies will ask questions as no they don't want all business, they ask questions in order to determine which business they would like and which they would like to turn away.

Pulaski

And to help them set the right price (premium) for the risks they do take on.

Bahtatboy

...after the event as well, to determine how much they have to pay out on a claim, or if they have to pay out at all.

Not sure all this arguing's helping the OP. It seems he understands as far as is possible from people some distance from the actual situation. I hope he gets things sorted out.

Jamielanks

Thanks everyone

BEVS

The answer is that you state 'yes'. You tell the truth.

Anything else is fraud & I do mean fraud , not a little white fib by omission . It is an offence & shouldn't even be contemplated.

You are obliged to disclose.

May sound tough but here on BE we err on the side of what is legal & don't encourage dodgy practice.