Cost of Motor Insurance

Jim Dowd Excerpts

Tuesday 8th November 2011 Commons Chamber

[Jim Dowd (Lewisham West and Penge) (Lab)]

May I apologise to you, Mr Deputy Speaker, and to my hon. Friend the Member for Liverpool, Riverside (Mrs Ellman) for missing the first few moments of her introduction to the debate? I commend her and the Committee for the excellent work they have done in this timely report. As she mentioned, the motor car has moved a long way from being a luxury to being, although not quite a necessity, something that is critical to the economic and social well-being of many millions of people across the country. Issues relating to cars clearly have a wide impact in every constituency.

The issue of young drivers concerns everybody. The difficulty that many of them have in obtaining insurance is only one part of that. I remember when I bought my first car back in—

[The Parliamentary Under-Secretary of State for Transport (Mike Penning)]

A Model T?

[Jim Dowd]

No, it was not a Model T—it was a Mini, back in 1968. It was six years old and it cost me just over £100. By the time I had got my insurance, which was £60, plus four-months’ road tax—as it was then and as the rest of the world calls it, or vehicle excise duty as we call it now—and an MOT certificate, I had spent as much on those three items as the car had cost me. I was quite young at the time and that was probably reflected in the premium, but none the less it was a shock to have to spend as much on ancillary costs as on the vehicle itself.

Today, we hear stories of young people having a vehicle costing a few hundred pounds and insurance premiums of more than £1,000. It is not the cost of the vehicle that is the issue; it is the risk of using it on the road. Effectively, motor insurance is a public liability insurance; one does not necessarily have to insure one’s property but one does have to insure against damage to other people’s property and, indeed, to other people. It is the scale of the problem that we need to look at. As has been said, there are more than 30 million cars on the road and it does not take a genius to work out that as the number of cars on the road rises, so the likelihood of accidents rises in similar proportion. However, I believe that this country has a very good, but still improvable, record on reducing road accidents and certainly road casualties.

One shock that I had in 1992 when I was first elected to the House—apart from having been elected to the House—was the fact that for the first time in more than 20 years I had to buy my own car. I had experienced the comparative luxury of having a company car in the intervening 20 years and precisely because I did not have a personal insurance record—a no-claims bonus, as everyone knows it—at that time, the first insurance quote I got was more than £1,200 for a very medium-range car, which my former company kindly sold to me. It was only when I got the company to provide me with a certificate saying that I had had blemish-free motoring for 10 years or more that the insurance company reduced the figure, but it still only came down to £800—and that was the better part of 20 years ago. The problems with increased costs in insurance and the increased likelihood of people driving uninsured, as well as the risks posed to those people and, more particularly, to everybody else, are intolerable.

Motor insurance is a curious entity in that it is one of the few examples, although not the only example, of a statutory obligation to purchase a product from a private supplier. There may be far more than one supplier, but one has to have motor insurance to drive on public roads. That places on the motor insurance industry particular responsibilities that it should meet but that would not otherwise arise. I think the situation implies that the industry should have the most stringent, open, transparent—I think a Government Member said that transparency was a key issue—and fair standards of behaviour towards customers because it has a captive market. I accept that people can move from one provider to another, but one thing they have to have to drive on public roads is motor insurance. If one’s household contents insurance premium becomes unsustainable or extortionate, one can either go to another supplier or take the risk on oneself. One can say, “The premiums are not worth what I’m paying: I’ll take the risk on myself. I don’t have to have it,” but the same is not true of motor insurance. If one wants to drive on a public road one has to be insured.

The industry is confronted by a number of problems, to which others have referred. For example, there is the rise in personal injury claims, almost all of which seem to include claims for whiplash injury, as well as the issue of referral fees, which the report has looked at and which others have mentioned. There is also the growth of the no win, no fee—or ambulance chasing, as it is known in some circles—industry, and the business of downright fraudulent claims. All these issues have to be grappled with by the industry, which is an extensive one, and I am sure that people will have different views about how well it is dealing with them.

The report covered a number of areas, including personal injury claims, referral fees, uninsured drivers and fraud, but it did not cover an area that I want to make particular reference to on behalf of one of my constituents. He is 73 years old, and he has been working as a minicab driver for a number of years. He has a state pension, although not a full one, and that is his only other income, so he is keen to carry on working. In August this year, his then insurer advised him not that it was putting up his premium but that it was cancelling his hire and reward cover. It gave no other reason than the fact that he was now 73, as though he had just gone across some magical threshold. It was not even prepared to take on the risk at a higher price.

My constituent quite understands that, as people grow older, so they might become a bigger risk and therefore have to pay a bigger premium, but the insurer would not increase the premium. It simply would not accept the risk, for no other reason than his age. His wife is somewhat younger than him, but she, too, is past retirement age. She is still working, however, so his recourse to benefits would be somewhat limited. He contacted other insurance companies and brokers, but to no avail. He got no offers at all to renew his hire and reward cover, which is essential for anyone wishing to work as a minicab driver.

My constituent’s social, domestic and pleasure policy was unaffected, except for a marginal increase in price. I could understand if the insurer felt that he was a danger to the public and should therefore not be on the road. I would not agree with such a proposition—I do not think that any sensible person would—but it would at least have the characteristic of consistency. As things stand, however, it is perfectly legal for him to drive on the roads as a private citizen in his very unglamorous minicab, but it is no longer possible for him to pursue his livelihood as a minicab driver.

The majority of the population have a driving licence, and I quite understand why they expire on the licence holder’s 70th birthday. The assumption is that we need to consider whether people are still fit to drive on public roads. The primary consideration must be safety, not least the safety of other road users, and it is perfectly reasonable to check people’s eyesight and reaction times more as they get older, to ensure that they can still drive safely. We are told that we have an increasingly ageing population, so this is going to become more and more of an issue. There is no question but that everyone who drives on public roads should be deemed fit to do so, but I cannot understand the distinction between my constituent driving as a private individual and driving for gain as a minicab driver.

After my constituent had been to see me, I wrote to the Chancellor of the Exchequer and to the director-general of the Association of British Insurers. I got a reply from the Financial Secretary to the Treasury, in which he states:

“Some age-based practices, such as the use of broad age bands combined with significant price increases between age bands, may appear arbitrary. Insurers, however, use age bands as a means by which to price the risk of insuring a variety of individuals, and the transaction costs involved. The effects of age bands will, however, be reflected in the premium charged to an individual should they enter a new band.”

As I have said, my constituent has been denied that opportunity, as he has not been put into a new band. His premium has not been increased; it has been refused.

I also received a response from Mr Otto Thoresen, the director-general of the Association of British Insurers. I will read out a point that supports exactly what the Committee says in its report. He says:

“In 2010, motor insurers paid out £1.21 in claims and expenses for every £1 received in premiums. A combination of high legal costs, rapidly increasing personal injury claims, fraud, and a stubbornly high level of uninsured driving have driven the industry to a point where, after price stability and, in many cases, falling premiums in the middle of the last decade, they have now had to rise.”

The Committee makes that point as well. Mr Thoresen went on to say that there were issues relating to the taxi insurance business, and that

“evidence across the market has shown that the probability of being involved in an accident worsens as drivers reach their mid-70s”,

as my constituent is now doing.

One of the objections to the way in which insurance companies conduct their business is that, when it suits them to do so, they treat people as individuals, and if an individual has a particularly poor record, they will suffer the consequences. However, when it suits them, they also treat people as part of a group that has an alleged poor record, and increase the premiums accordingly. This never seems to work in the opposite direction.

Mr Thoresen suggested that my constituent continue to try to secure insurance through a specialist broker, and he very kindly gave me the details of four specialist companies for him to approach. My constituent contacted me again in the middle of October, having contacted all four companies. Of the four, three would not offer him insurance at all, and the one company that did so wanted about £750 a month. That amounts to well over £9,000 a year. I have absolute confidence that my constituent is an excellent minicab driver, and I am sure that his customers must be among the happiest in south London, but I am also fairly certain that he does not make enough money to pay £9,000 a year in insurance costs.

In the Financial Secretary’s response, he also said:

“Research has indicated that no age groups are specifically excluded from the insurance market”.

I suggest to him that it is unnecessary specifically to exclude anyone if they are being offered a price that is completely and utterly unaffordable. Theoretically, everyone in this country can go and stay at the Savoy—there is not a sign outside saying “No riff-raff”—but most people would not consider doing so because they cannot afford it. Similarly, in this case, that insurer made the cover so unaffordable that it might just as well have banned my constituent from having it. He and I have no objection to the need for an increase, but we object to the scale and disproportionate nature of that increase. All he wants to do is continue to pursue his livelihood and not have to depend on benefits.

[David Rutley (Macclesfield) (Con)]

The hon. Gentleman is making some important points. Does he agree that there might be scope for some new products in the motor insurance industry that could be tailored to older or younger drivers and perhaps designed around themes such as pay as you go? Such products could be made more affordable if they were tailored to specific age segments that have different risk profiles from those of the average driver.

[Jim Dowd]

I am grateful to the hon. Gentleman for that suggestion. I said earlier that the insurance market should be more personalised, rather than more generalised. Companies should certainly look into that. I fear that, because the motor insurance sector is a captive market, we do not get the level of service that we would get from, say, the home insurance sector, because it knows that everyone has to have insurance if they want to drive on public roads. I agree with the hon. Gentleman, however, that products should be tailored more specifically to the individual.

As I said, my constituent wants to continue to work. He does not want to become dependent on benefits. Some years ago, the then Secretary of State for Employment was famously misquoted as saying that people should get on their bikes to find work. The present Secretary of State for Work and Pensions advised people in south Wales to get on the bus and go to Cardiff to look for a job. My constituent wants to get in his minicab and work, but the insurance industry will not let him.

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[Julie Hilling (Bolton West) (Lab)]

As a member of the Transport Committee, I, too, pay tribute to our Chair, my hon. Friend the Member for Liverpool, Riverside (Mrs Ellman), for leading the debate. The ever-rising cost of motor insurance simply cannot continue, and it is the only insurance that is compulsory. It is up to an individual, and perhaps their mortgage company, to insure their house, their holiday or anything else, but the law states that we must insure our cars and motorbikes; we are a captive audience. That is why it is absolutely right to debate the issue this evening.

Insurance premiums are bad enough for mature motorists, but for young drivers they are frankly ridiculous. They lead to young people finding solutions that are against the law. Research from the AA shows that more than a fifth of drivers under the age of 25 are prepared to break the law to avoid high insurance premiums. It shows that 21% would consider driving without insurance, 42% have changed the information they provide to an insurance firm to qualify for a cheaper policy, 22% have added another driver to their policy, 15% have changed whether they were the main driver, 3% have changed their employment information and 2% have changed information about their address.

All over the UK, otherwise law-abiding citizens are breaking the law to get affordable car insurance. For example, cars belonging to young people are being insured by their parents, with the parents registered as the main driver even though they never drive the car. Tragically, if one of those young people has an accident, their claim might not be met by the insurance company. It is bad enough to lose their car and possibly be prosecuted, but what about the person they might hurt?

Some young people are finding unique ways of overcoming the problem. For example, 18-year-old Chris Berry from Bolton was quoted £17,800 to insure his P-reg VW Polo. He is now using a 1953 Fordson Major tractor to get around, with an insurance premium of £57 a year. He said:

“If I had the choice, I’d have my car—I can go further in it and it would be much better in the rain. If you are image conscious, I don’t think you would drive the tractor…but it can go 40 mph on a good day”

He also told The Bolton News that the insurance company rang him up after he received the quote for nearly £18,000 to ask him whether he wanted to take it out. He said:

“I told them they were having a laugh—it’s a Polo, not a Ferrari”

Of course, no insurance company would offer him any sort of quote if it was a Ferrari.

[Jim Dowd]

I just want an assurance that he is not using red diesel for non-agricultural purposes.

[Julie Hilling]

I do not think so, although perhaps that is worth investigation.

We have heard much over the past few months about referral fees, which the hon. Member for Milton Keynes South (Iain Stewart) mentioned. I am sure that other hon. Members will talk about that in detail, so I will confine my remarks to just a few points. I believe that referral fees must be stopped, but they should be stopped for the whole of a motor claim, not just the personal injury part. I also believe that the money paid to solicitors in the motor insurance portal should be reduced to an amount that simply covers the true cost of dealing with a case. While there is spare money in the system, there will always be a tendency to find another way of bypassing the ban. For instance, there is money to be made in referring claims for vehicle repairs. The Committee also heard about how credit hire cars are supplied to accident victims, rather than normal hire cars, which are much cheaper. We heard how insurance companies will pass claims to claims management companies, thereby building more costs into the system.

Although I agree that referral fees should be banned, the insurance industry should do more to tackle the situation. I challenged a number of insurance companies and their professional bodies to look to themselves for solutions. Whenever I have been involved in a claims situation, my first port of call has always been to my insurance company. Perhaps naively, I have expected it to sort the situation out. In times gone by there was the “knock for knock” policy; one’s insurance company funded the repairs to the vehicle, even if the fault was with another driver. I am told that the increased number of insurers in the industry and its internet basis stopped that policy.

The last time I had to use my insurance, I was clearly sold to a claims management company. Instead of the normal car hire company, I had a credit hire car, although I did not know anything about that at the time. I was contacted many times to claim for the “injuries” I had received, even though I had been sitting in my living room when someone drove into my car. Why did my insurance company not provide the necessary services itself and charge the other person’s insurer, or pass my case on to the other insurer to deal with?

I also believe that insurance companies could do far more to reward good drivers. The Pass Plus scheme was introduced to give additional post-test instructions to novice drivers, such as motorway driving, driving at night, town centre driving and so on. Initially that reduced premiums, but it seems that people with Pass Plus are no longer being rewarded. We have been told of schemes that can introduce technology into cars to show if a person is driving safely, for example when they are driving within speed limits and whether they accelerate and brake gently. I believe that the insurance companies should do more to promote such schemes.

We have been told about the very high propensity for young drivers to have serious accidents, but in truth it is not young drivers but young, male drivers, and I regret the European ruling that insurance premiums should be equalised for men and women. Insurance has always been based on risk, and it seems perverse that the ruling will end up costing women a great deal more because of the risky behaviour of men and, particularly, young men.

More regulation should therefore be introduced for novice drivers, and I should welcome a mandatory “newly qualified” plate, which exists in other European countries, because it would have two advantages. First, it would warn experienced drivers that the person in front just might do something a little out of the ordinary. Indeed, I remember the first time that I drove alone, along a country road, and a lorry decided to overtake me. I was absolutely terrified, but I am sure that the driver would have thought twice if he had realised that I had passed my test only the day before.

Secondly, the plate could be used to identify drivers on the road in order to enforce other restrictions that should be in place. We hear tragic stories of young people losing their lives or having life-changing injuries after car accidents, and normally the driver is found to be alcohol and drug-free, but I suspect that they are fired up on testosterone. Young drivers should not be allowed to carry backseat passengers, and we should investigate other restrictions to make our roads safer.

I hope the Government make rapid progress on making the driving test more rigorous and on ensuring that all drivers are prepared for many more of the situations that they find on the roads.

I was alarmed to find out recently that about 10,000 people are driving on our roads with more than 12 points on their licences, so I urge the Government to investigate that urgently and to take action. Previously, there was an effective carrot and stick: if someone built up their no claims bonus, they got cheaper car insurance; if they got endorsements or points, their insurance premium went up; and if they got three endorsements or 12 points, they lost their licence. We need to do more to ensure that good drivers can afford to drive, and I hope that the Government will take urgent and comprehensive action.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Transport (Mike Penning)]

For colleagues who have been here throughout the debate, may I say—I know it is not my brief to do so—that my thoughts and prayers go to the family of the Red Arrows pilot who was killed this afternoon? Our servicemen do a lot for us. I say this as colleagues might not know that, sadly, this pilot died—the second fatality in the Red Arrows this year.

This afternoon’s debate has been excellent—led brilliantly by the Chair of the Transport Select Committee, the hon. Member for Liverpool, Riverside (Mrs Ellman). In general, the debate has been sensible, measured and useful to our constituents. I cannot say that about parts of the speech by the hon. Member for Barrow and Furness (John Woodcock), particularly when it became party political. That is not what this evening’s debate was about, especially considering that the previous Administration were in government for 13 years and many of the measures he now asks us to bring forward could have been introduced then. The hon. Member for Poplar and Limehouse (Jim Fitzpatrick), a former Front-Bench Transport spokesman was much better in his tone; he never used to read out a speech that was written before and that did not contribute anything to the debate.

To answer what was probably the only sensible point that the hon. Member for Barrow and Furness raised—about continuous insurance enforcement—60% of all those written to, having been shown to be uninsured, have responded positively and were either given a statutory off-road notice or said that they would insure. About £122,000 has been picked up in fines, and 250,000 penalty notices have been issued—in excess of what we expected at this stage of the new piece of legislation.

Let us move on to the general debate, led so excellently by the hon. Member for Liverpool, Riverside. Everyone will be pleased to know that we shall not divide the House on the motion. There is an issue about the committee that is being formed, but I will come back to that in a few moments. Many of the issues I see in my constituency correspondence have been alluded to brilliantly in this evening’s debate.

To add to the anecdotal evidence, a member of my own staff was in a road traffic accident the other evening. She was hit from behind; the person got out of the car and was very amenable. My staff member said, “How are you? Are you okay? Do you want to go through the insurance process?” The other lady said, “I’d like to pay you privately because otherwise my premiums will go through the roof.” Everything was sorted out fine; no contact was made with the insurers or the police. However, she received a text message asking “Would you like to claim for the injury that you had?” A member of the public had obviously informed those whom I described to the Committee as ambulance chasers. Apparently it is not just the insurers who are passing information around; others also think that they can secure substantial earnings from such events.

Several Members paid tribute to the right hon. Member for Blackburn (Mr Straw). I thank him, in his absence, for contacting me to say that he could not be present this evening. We have worked closely for many years on many subjects when our respective parties have been in opposition and in government, and I believe that the motion has opened the Government’s eyes to the possibility of using his Bill for this purpose. There will of course be attempts to find loopholes, but it is the Government’s responsibility to ensure that any legislation is fit for purpose.

I believe that 11, if not 12, Members spoke in the debate—that does not include those who have intervened—and it will be impossible for me to respond to all the points that they raised, but I will of course write to all those whose questions I have not had time to answer.

My hon. Friend the Member for Lincoln (Karl MᶜCartney) made an important point about uninsured drivers. Uninsured driving is a criminal offence, and I am sure that no Member would condone it, but given that it contributes only £30 to the average premium, there must be many other factors in the market. I see that the hon. Member for South Down (Ms Ritchie) is present, and I shall comment on the position in Northern Ireland shortly, but the fact remains that that £30 is not the reason that premiums have been shooting through the roof—although we have seen some reduction in recent months.

Nevertheless, notwithstanding our concern about the size of premiums, we must in no circumstances condone uninsured driving, which plagues not only our constituents who pay their premiums but the police. Like the hon. Member for Bradford East (Mr Ward), I have been out with the local police force many times, and I am sure that anyone else who has done so will confirm that when the police pull drivers over for being uninsured, they will almost certainly pick them up for another offence which, in many cases, will have nothing to do with driving offences. People who wish to break the law in that way often wish to break it in other ways. We must help the police in every possible way to ensure that such fraud is dealt with, because driving without insurance is indeed fraudulent.

We must also help the insurers, who will doubtless be monitoring this debate and will realise that they are the pariahs: the nasty, horrible people to whom we must pay our premiums. I suppose that I should declare an interest at this stage. I have two daughters between the ages of 17 and 25, and the premium is high. I am proud to say that they have managed to work hard throughout their time at university, and that the work that they have done has helped to pay the insurance. I have not had to bear the whole burden.

The hon. Member for Bolton West (Julie Hilling) mentioned the crass decision by the European Court of Justice that gender could not be taken into account by insurers deciding premiums, although, as we all know, premiums are based on risk. I find that astonishing, because the figures clearly show that, sadly, boys aged between 17 and 25 are 10 times more likely to be involved in accidents than girls of a similar age. One of the most frightening pieces of evidence that has been given to me while I have had the honour of being the Minister responsible for these matters is that the most dangerous activity in which a young lady can engage in this country is sitting next to a boy aged between 17 and 25 who is driving a car.

[Jim Dowd]

Is not the problem with the European approach the assumption that every member of a certain group will behave in a certain way? It is a generalised rather than a personalised approach. The assessment is being made not on the basis of what a particular individual who wants to buy a particular product is likely to do, but on the basis of what people in a particular category are likely to do. Even if there is no evidence against an individual, that individual will be subject to the same penalty.

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[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.

[Jim Dowd]

Before I came to the House, I used to drive extensively on the motorway network—in my company car, for those who were listening earlier—and the idea of the odd learner turning up on the motorway is strange. Traffic on our motorways travels at much higher speeds generally. Would it not be better to allow people to pass the traditional test and then take an additional period of tuition on the motorway, rather than allow someone who might have been behind the wheel of a car for only two or three hours suddenly to turn up on a motorway alongside juggernauts and fast-driving cars? The Minister will know better than anyone that the average speed on motorways is much higher than the 70 mph limit.