Cost of Motor Insurance

Lord Walney Excerpts

Tuesday 8th November 2011 Commons Chamber

[John Woodcock (Barrow and Furness) (Lab/Co-op)]

May I add my congratulations to my hon. Friend the Member for Liverpool, Riverside (Mrs Ellman) on securing this important and well informed debate, and to the Committee on producing its excellent and timely report?

The eye-watering rises in the cost of motor insurance in the past few years have been one more burden on families already hit by high prices at the pump, food inflation and soaring energy costs. Earlier in the year, annual increases in insurance premiums were running as high as 40%. Although the AA reports that by September the figure had dropped to around 16%, premium increases still far outstrip inflation. The average premium of £921, which my hon. Friend highlighted, means that more than half an average monthly take-home salary is used simply to insure a car.

We know that those likely to be earning least are paying most for their insurance. As we have heard, average premiums for young drivers are more than £2,000. Understandably, motorists resent those huge increases. The overwhelming majority of careful, responsible drivers feel that they are subsidising the careless, the reckless and the uninsured. Increasingly, they are aware that their premiums are increasing as a result of fraudulent or frivolous personal injury claims for non-existent or pre-existing conditions.

Although the Government should not get into the business of setting insurance premiums, Ministers have a responsibility to ensure that the market works fairly and in the interests of consumers. The insurance industry has made a strong case that the 75% increase in the number of compensation claims in the past five years is a key factor in driving up premiums. Increased access to legal redress for genuine injury is a good thing, but responsible motorists paying for insurance fraud is clearly not.

For many, the car is and will remain the essential way of getting around. For some—and, as we have heard, particularly young people—the fast-rising cost of insurance could make the difference between taking up a job that requires a car and being a burden on taxpayers by living on benefits. With job vacancies so scarce, transport to access opportunity needs to be affordable—that relates to motor insurance just as it relates to bus and rail fares.

The sky-high cost of motor insurance for young people has been an important part of the Opposition’s policy review. We urge the Government to implement the Committee’s recommendations to improve the education and safety awareness of young drivers and to consider further changes to the driving test.

It is important to stress that all drivers will benefit from having safer younger drivers on the road—that point was well made in the debate. Equally importantly, much has been heard about the potential of the black box and the relative lack of take-up so far. I am sure that the Minister will join me in praising insurance providers that use black boxes, but will he make clear what he is doing to encourage greater take-up of the technology among providers?

There is no excuse for breaking the rules, but as premiums rise we know that related criminal behaviour is at risk of increasing, potentially undermining the progress that the previous Administration made in tackling fraud and driving without insurance. The Association of British Insurers recorded a 9% increase in fraud.

[Mike Penning]

Would the hon. Gentleman be kind enough to tell the House what measures the previous Administration took against uninsured driving? This Government introduced the continuous insurance policy.

[John Woodcock]

The hon. Gentleman knows that the continuous insurance policy was a measure that was set out by the Labour party and which he has taken forward, which we welcome. According to the Motor Insurers Bureau, however, there has been a 25% fall in insurance fraud and uninsured driving over the past five years, which we welcome and want to see continue.

On tackling uninsured drivers, the Minister mentioned the continuous insurance enforcement scheme, but to work effectively that needs the necessary tools to do the enforcing, so will he tell the House, either now or during his speech, what level of resource the DVLA has put aside to pursue and enable the prosecution of transgressors, and how many drivers who ignore official reminders that their insurance has expired have so far been given a fixed penalty notice under the new scheme?

Last week, the House had the opportunity to debate referral fees paid by claims management companies and personal injury lawyers to insurance firms in return for the details of potential claimants. For the past five or six years, these fees have greased the wheels of a perceived compensation culture, encouraging claims that have little realistic chance of success or which are simply fraudulent. The cost of those claims feed directly back into the premiums that all motorists pay, so I, too, pay tribute to the work done by my right hon. Friend the Member for Blackburn (Mr Straw) on this issue. His investigation into the scale of the problem and his private Member’s Bill put pressure on Ministers to add clauses on referral fees, at the last moment, to the Legal Aid, Sentencing and Punishment of Offenders Bill last week. However, as we made clear then, the Government have so far missed the opportunity to crack down adequately.

I shall list what measures the Government have so far rejected: making the soliciting for and payment of fees in road traffic accident cases a criminal offence; outlawing the blight of unsolicited phone calls and text messages; strengthening the rules on data protection and third-party capture; and tightening the rules for whiplash claims. It is unfortunate that as industry practice has been shown to be driving up costs for law-abiding motorist, the Government are ducking their responsibilities on this issue. If the Minister is serious about keeping premiums as low as possible, I hope that, even at this late stage, he will prevail upon Justice Ministers to change the Government’s position.

The Select Committee made the sensible suggestion that the Government examine international experience on restraining claims numbers. It is disappointing that Ministers have refused its idea of a proper study. I hope that they will reconsider. The Committee also rightly pointed to the importance of road safety as another key factor influencing insurance premiums. Despite last week’s horrific tragedy—the Minister visited the scene, at the M5 in Somerset, at the weekend—Britain continues to have the safest roads in Europe and among the safest in the world. However, the first two quarters of this year have seen increases in deaths compared with the same point the previous year. A continuation of that trend would mean 2011 would be the first year since 2003 to see a rising death toll on Britain’s roads.

It is worrying that these upward ticks in road deaths have come at a time when spending on road safety campaigns has been cut. If the trend of safer roads were to reverse, the country’s principal concern—everyone’s principal concern—would, of course, be the tragic human cost seen so vividly this week. We know that a knock-on effect of less safe roads would be further upward pressure on insurance premiums. That raises this question: has the Minister estimated what the impact would be on road safety and on premiums of his proposal to scrap the annual MOT—a move that could lead to 800,000 cars that are dangerous to drive being left on the roads for up to a year longer?

Motorists are feeling the squeeze. Many face being priced out of their cars and, by extension, out of their jobs. As the Transport Committee has so effectively set out, those motorists want to know that their Government are doing what they can to enable lower insurance costs. If Ministers wish to prove that they are not out of touch with those concerns, they need to set out how they will go further.

--- Later in debate ---

[Mike Penning]

I completely agree—just as I often agreed with the hon. Gentleman during the many years when we served on the Health Committee together. The actuaries have to be able to look at risk in general; otherwise we will all be put into the same pot, which is unfair to those who are in lower-risk categories. I have concerns that addressing this issue will lead to premiums being increased, not reduced.

Many colleagues, including the hon. Member for Hayes and Harlington (John McDonnell), have said we need to do more about the insurers, and I agree. I certainly do bring the insurers around the table, and I give them a very hard time. After all, they want things from me. They wanted the continuous insurance; they have been calling for that for years, and they have got it. They also want access to DVLA data in order to try to alleviate fraud, both intentional and unintentional.

People ask me, “What do you mean by ‘unintentional fraud’?” Well, I am a dad, and I was asked whether I would put my daughter on the insurance as an additional driver. I had to look very carefully at whether she was an additional driver or the main driver, but most parents would not know the difference, so we need to educate them on that. They think they are helping their young people by naming them as an additional driver in those circumstances, but if their son or daughter is, in fact, not the additional driver, that insurance will be invalid, and the insurer will almost certainly find that out—and if the son or daughter is involved in a crash, they will almost certainly not be covered, and anybody else involved in the accident with them will also be penalised.

Some Members who were present for the debate have moved on to other things, so our proceedings now feel a little like an Adjournment debate, where people have not returned for the concluding speeches. That is a shame, because this is not an Adjournment debate; it is, rather, a proper debate of the House with a motion before it. Perhaps as Members get more used to debates such as this, more of them will return to hear the concluding remarks.

I certainly will work with the devolved Governments in respect of their responsibilities. Responding to the comments of the hon. Member for South Down (Ms Ritchie), I have serious concerns about the market as it operates in Northern Ireland. I am not responsible for the market, however; that is a Treasury matter, which is why the Treasury took the recent debate. I also understand that the Northern Ireland regulators are conducting a review, and I can assure the hon. Lady that if there is any evidence of collusion in the market—if any cartels are operating there or here—we will come down on them like a ton of bricks, as would be only right and proper.

As the Transport Committee has concluded, there is not just one simple solution to this problem. I agree, for instance, that there is a postcode lottery. In some ways, that is similar to the gender issue we have just discussed. Some postcodes cover large areas; that is certainly the case in my part of the world. It is fundamentally wrong for people to be penalised because of the road or neighbourhood in which they happen to live. Insurance calculations used to be based on theft and damage rates, but modern cars are very difficult to steal. Joyriders still steal ordinary cars, but most vehicle thefts are of high-value cars that are stolen to order. That is a completely different kind of theft from the thefts that affect premiums.

Let us consider why premiums are so high. It is not just to do with uninsured drivers. It is also to do with ambulance chasers. Some 50% of all personal injury claims are made on car insurance. How can that be right when, as we have heard this evening, we have some of the safest roads in the world, and certainly the safest roads in Europe? Our killed and seriously-injured rates are extremely low, although we need to get them even lower. The truth of the matter is that most of these claims, many of which are fraudulent, are not reported to the police. Very often they are reported after the incident; Members have referred to constituents saying people followed up on incidents the following day. The hon. Member for Lewisham West and Penge (Jim Dowd) touched on this in his speech. The police would never have been called in such cases; it will never be on the records of the police that that sort of thing has taken place. Some countries in Europe, including Germany, have carefully considered the speed that someone would have had to be travelling to be in an accident before they can claim for whiplash. I was with the relevant German Minister at a conference recently, and we discussed this and other measures, particularly priority. The evidence is that this does not appear to be working in Germany simply because people are increasing the speed that they claim they were travelling at before the accident.

[John Woodcock]

I just want the Minister to set out why he has rejected our calls to restrict whiplash claims, given the seriousness of this problem in forcing up insurance premiums. Will he not reconsider?

[Mike Penning]

I have not rejected that; this was done by a colleague in the Ministry of Justice, as it is a legal matter. However, I completely agree with my colleague, as he is a legal person and I am not. There are legal differences between Germany and this country. Everything is possible, and this Parliament can do whatever it wants to do. [Interruption.] Perhaps that is not the case—I see some of my Eurosceptic friends in the House this evening. There are certain things that I would like to be doing in my Department that Europe prevents me from doing.

As we have heard across the House today, insurers have to take responsibility and say, “No, we’ll take you to court and we will challenge this.” They should not just settle out of court because it happens to be cheaper than the possible consequences of going to court. Immediately we start to do that, the no win, no fee ambulance chasers will look very carefully at their cases, and people who should genuinely get their compensation will get it and those who are swinging a leg, as my grandfather would say, will not. I shall refer back to my time on the Select Committee on Health, because it is not just in this area that we have this problem with insurance. Our hospitals, in particular, tend to settle out of court rather than challenging claims, and that is costing the taxpayer and the NHS an absolute fortune, so this is a culture that we have to turn around.

Hon. Members have touched on other aspects in the report and the evidence to the Select Committee. I have significantly changed the driving test, the practical and the theory, since my appointment, and I intend to change it even more. I have said it before and I will say it again that people are currently taught to pass a test; they are not taught to drive. They are not taught to drive safely for themselves and for others, and we have to make sure that we have qualified driving instructors and that everybody knows they are qualified when they get into that car. One change we are going to make—I hope that the Select Committee will agree with me on this—is that someone who is not a qualified driving instructor will not be able to take someone out on their own to teach them to drive. I am not going to stop parents, grandparents and sisters doing that, but someone who gets into a car marked “driving instructor” should not have to look for a little badge on the windscreen that says that the person is a trainee. These people should be qualified driving instructors. The industry supports me on this and we will do this. There also has to be an ongoing training programme for driving instructors. Some instructors took their qualifications many years ago, and we need to make sure that they are au fait with what we want from the driving test, although we also want them to earn an income.

As we have heard today, there are also things that happen to people suddenly when they pass their driving test. Clearly, some people—young people in particular, but not all of them—appear to have some kind of lobotomy when they get behind the wheel of a car. I am talking about highly intelligent young people who are perfect role models in every other aspect of their life, and then they get behind the wheel of a car. Sadly, as has been discussed, testosterone is one of the leading factors. Drink and drugs are involved, but testosterone is one of the big problems here.

In my constituency, the place where most people pass their test is St Albans. Between my constituency and St Albans is a rather large motorway called the M1, and to get back from the test centre, people have to cross it. That means that someone could be driving for the first time on their own and as they turn left or right to come off the A414 they will be on the M1. I think we need to give people, particularly young people, the opportunity to learn how to drive on the motorway before they pass their test. That is why we will pass regulations to allow qualified driving instructors to take learners on to motorways. Can I make that compulsory? No, I cannot because some counties have no motorways, so it would be discriminatory to do so, but we will give qualified instructors the opportunity to do that.

We need to make sure that the test is not the endgame, but not—in my opinion or that of the Government—to make it compulsory to take post-test qualifications. Pass Plus was a partial success, but was never really rolled out properly.