Cost of Motor Insurance

Karl McCartney Excerpts

Tuesday 8th November 2011 Commons Chamber

[Karl MᶜCartney (Lincoln) (Con)]

It is a pleasure to follow the hon. Member for Liverpool, Riverside (Mrs Ellman), who made many points with which I agree. I congratulate her and hon. Members across the House on securing this debate and putting forward this motion. May I declare an interest as both a justice of the peace and one of 32 million drivers who pays insurance for the family car? Like many, I am dismayed that the previous Labour Government did nothing to dissuade the estimated 1.5 million uninsured drivers still on our roads or to halt the rise in fraudulent claims and insurance scamming which plague drivers and our courts.

Like many colleagues, I am aware that it can often be the issues that never make the front pages, or those that receive little, if any, attention, that can irritate people the most and can undermine and shake their belief in the rule of law and a responsible society. Normally, this occurs when people have done the right thing yet their fellow citizens who have purposely done the wrong thing somehow get away with it and the law-abiding are left to pay the penalty. The menace of uninsured drivers is one such issue. If that and the so-called insurance scammers were effectively tackled, the costs of motor insurance would be significantly reduced for the law-abiding drivers of our country.

In September, I conducted an online survey regarding uninsured drivers, the fines and punishments currently handed down, and what respondents felt should be the punishment, given the rising costs of premiums that most law-abiding drivers have had to pay in recent years. There is a widely held view that there is a need for far harsher penalties for uninsured drivers and other people who, aided and abetted by the claims industry, lie about the extent of injuries caused to them and, in some cases, wilfully manufacture the circumstances in which accidents occur. There are also about 1,200 claims per day for whiplash, each case averaging a payout of £3,500, and hire car charges for replacement cars are also eye-wateringly high. That is not sustainable, or, I believe, a true representation of accidents on our roads.

My interest results not only from what my constituents or friends and family tell me, but from what I have seen with my own eyes and experienced personally. As a magistrate, I have found that our hands have for some time been tied by rules and by the ring-fencing of the level of fines and type of sentences we can impose on the same old faces that come before us, often three or four times in a few years. These people include those who drive without insurance, and often without tax and MOTs for their vehicles too. It is also a proven fact that many of those convicted of vehicle crime are involved in other law-breaking activities.

Moreover, my family and I have been the victim of three car insurance scams, and the police forces in both Kent and St Albans have shown no interest in following them up, despite judges and courts finding in favour of us and our insurance company. But they should, because how many fully insured drivers have the time and bullishness to see through such action, and challenge the system and the fraudsters? The system relies on this lack of willingness.

[Kwasi Kwarteng (Spelthorne) (Con)]

How extensive does my hon. Friend think the problem of fraud is in relation to rising premiums?

[Karl MᶜCartney]

It is very extensive, and I shall discuss it later in my speech. It is something we have to deal with.

The system relies on a lack of willingness to contest such fraudulent claims. After the judge’s decision in our most recent case, it was revealed in court that these scammers had tried it on—successfully—six times in the past five years from the same registered address of the vehicle. Unpunished, they are probably trying it on again as I speak. Not only do uninsured drivers increase the insurance premiums of law-abiding insured drivers, but we taxpayers are being fleeced a second time, as our courts are seeing similar claims cases taking up large amounts of court time, whereas 10 to 12 years ago that was not so. Typically, the courts, those working in them and the legal system suspect that the true number of fraudulent claims is at least 10 times that which reaches our courts.

To gauge whether my views were in tune with others—I feel that there is an appalling lack of appropriate punishments for uninsured drivers and accident scammers—I conducted an online survey, as I said. It was predominantly of local people in Lincoln and asked their views about uninsured drivers, given that the average fine for driving uninsured in the county of Lincolnshire was £213 in 2010, a reduction from £233 in 2008. I was not surprised to find that the vast majority felt the fine level was too low. It is especially galling for insured drivers to note that while their average insurance premiums have risen by up to 40% in recent years, the fines for uninsured drivers have decreased in the same period. We can see why this situation has occurred. The average comprehensive premium for the Lincoln postcode was just over £603 at the end of September 2011, which shows that someone has to be caught 2.8 times or more in a year for it to be more expensive than to drive with insurance.

However, as we have heard, insurance is about risk and age, and those key factors also matter. For example, the estimated cost for comprehensive insurance for a male in Lincoln aged between 17 and 20 is £2,733. It is £1,338 for a 21 to 25-year-old and £765 for a 25 to 30-year-old. That means that anyone from those age groups caught driving uninsured has respectively to be fined 12.8, 6.5 and 3.6 times per year before the fine exceeds the insurance cost.

[Jonathan Evans]

But this is not only about the financial penalty that may be imposed on uninsured drivers. If the uninsured driver is involved in an accident, the significant costs of personal injury have to be borne by all the people who are doing the right thing, and that then adds to the insurance costs to which my hon. Friend has referred.

[Karl MᶜCartney]

My hon. Friend is correct, and that is something else that I will discuss later in my speech.

For many, the risk of driving without insurance is attractive. The “getting away with it” factor is too enticing. As hon. Members on both sides, and you, Mr Deputy Speaker, may know, I like being positive, and there have been many changes recently that I warmly welcome: the reported fall, by a claimed 25% in the past five years, in the number of people driving while uninsured; the recent clampdown on people owning uninsured cars; the seizure of uninsured vehicles; and the coming prevention of insurance companies and other agencies selling on personal data, which has fuelled insurance scamming. That move followed the welcome recent Motor Insurance Regulation Bill sponsored by the right hon. Member for Blackburn (Mr Straw). I hope that my ministerial colleagues will ensure that this applies to all referrals of personal data following vehicle accidents, and that the insurance industry and associated agencies will not look for any loopholes.

However, I believe that more needs to done, and the survey that I conducted through my website shows that the vast majority of local people who responded think so too. Unfortunately, I suspect that much of the insurance industry’s claimed recent fall in uninsured driving has come in London, where of course there has been a proliferation of number plate recognition cameras, in the City and, more recently, with the congestion charge area. Across the country a frightening statistic is still in force, which is that when we drive on UK roads in some areas every 12th car we pass has an uninsured driver at the wheel.

Having taken my views and those of my constituents into account, I have come up with a 10-point plan to clamp down further on the scourge of uninsured driving and phoney claims. First, as part of the need for a far more zero-tolerance attitude to be taken against supposedly low-level crimes, driving without insurance needs to be treated as a higher priority by the police. Like drink-driving, uninsured driving needs to be no longer socially acceptable.

[Simon Hart (Carmarthen West and South Pembrokeshire) (Con)]

Does my hon. Friend agree that things are a load easier for enforcement agencies in other countries, because the certificate of insurance is displayed on windscreens there?

[Karl MᶜCartney]

Remarkably, my hon. Friend picks up on the second point of my plan. Secondly, we should have an insurance sticker on every windscreen, just as we do for the current tax disc, that proves that a car is insured. Thirdly, we need far tougher sentences for those caught driving uninsured, with the minimum fine in each area being the double the average insurance cost in that area for the age and gender of the person caught. Fourthly, where someone is caught and prosecuted for driving uninsured, they should automatically lose their driving licence for a set period, perhaps at least one year. That should certainly be the case for a second offence and perhaps the period should be longer—say five years—for subsequent offences. Fifthly, when someone is caught and prosecuted for driving uninsured for at least the third time, they should perhaps go to prison—only for a short time—and be given a lifetime driving ban. Sixthly, if someone causes a serious accident while driving uninsured, they should go to prison and be given a lifetime driving ban. Seventhly, juries and magistrates should be made aware of whether false vehicle insurance claims had been made by those making a subsequent vehicle insurance claim that has reached the court.

Eighthly, those making false insurance vehicle claims that reach the courts should be prosecuted and actively pursued by the relevant police force. My penultimate point is that the names and addresses of those prosecuted for driving uninsured should be published widely. Finally, we must support both the clampdown on insurers being able to trade personal data of those involved in accidents and the regulation of the monopoly and sharp practices currently engaged in by insurers and the legal profession that see the motorist paying through insurance premiums and general taxation for their unwillingness to stamp out fraudulent and speculative claims, such as personal injury and hire car charges. These moves are just the start, and throughout my time in Parliament I am going to continue to campaign for justice for the insured drivers of our country.

[Julian Sturdy]

I agree with my hon. Friend that tougher action is required. Is he surprised to hear that 10% of drivers aged under 34 do not realise it is compulsory to have motor insurance?

--- Later in debate ---

[Karl MᶜCartney]

I have heard that before and I am still surprised considering that I was brought up knowing that one had to be insured and given that one has to show one’s insurance documents to tax one’s vehicle. However, the point is well made.

I am going to continue to campaign for justice for the insured drivers of our country and for heavier punishments for those who are uninsured. The law-abiding majority—in this case drivers who, in many cases, struggle to pay large car insurance premiums but who rely on their car for work, for transporting children to school in rural areas or just to access local services and amenities—must always come first. I am also wary of the claims made by insurance companies and their insurance bodies and organisations, along with some parts of our legal system—the legal firms and operators in this field—that they are doing their best to reduce uninsured driving and scamming claims. They patently are not doing what they claim to be doing. They are complicit in passing on the cost of fraudulent claims and the £400 million to £500 million a year that the Motor Insurers Bureau fund pays out, which is taken from our premiums rather than their profits, to insure drivers who are involved in accidents with uninsured drivers. That is too much. They do not mind what our premiums are, as we have to pay the figures they quote. They have a monopoly.

I hope that my right hon. and hon. elected colleagues in government and honourable members of the judiciary and legal system will actively seek to reduce the financial burden of motor insurance on law-abiding drivers, particularly on new and young drivers, by ensuring that uninsured driver numbers are further reduced. That will ensure that young drivers in particular, at what should be an exciting time when they are able to have some independence, will be able to afford to drive legally on our roads. Further, older drivers who are struggling to afford motor insurance should find that premiums are reduced not just marginally but heavily if the insurance industry and legal system help to clamp down on the cost of uninsured drivers and on the cost generated by fraudulent and inflated claims. Those involved in the legal system that is currently in place are happy to see those claims passed through the system because they generate work, fees and profits at no cost to them, with drivers’ insurance premiums rising instead, as they have by more than 40% in the past year, to cover those costs.

The points I have made are based on the views of law-abiding respondents locally and on the view I have always held that the law-abiding majority should come first and the criminal should come last by a long way. The irritating system under which people may break the law knowing that the penalties for being caught are minor compared with the cost of complying with the law cannot continue. The situation has to be rectified to ensure that the law is on the side of those who uphold it, not of those who break it. Tackling uninsured drivers and insurance scammers will be a good step in the right direction.

Anything that will help to reduce the cost of insurance premiums for the law-abiding 32 million-plus drivers in our country has to be a good thing. Ensuring that there is a truly competitive insurance industry can only help drivers, especially if moves are made to ensure that it is no longer viewed as a rip-off for the motorist—or highway robbery, as some have termed the recent 40% rise in premiums. Perhaps regulating and removing the absolute monopoly enjoyed by the sector will also, along with appropriate levels of punishment, help to eradicate the despicable practice of uninsured driving on our roads. I support the motion.

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[Jim Shannon]

Clearly, the fact that premiums are 84% higher shows what we in Northern Ireland have to bear. Part of the role of the cross-departmental ministerial Committee is to address that issue.

Premiums are high in Northern Ireland, but the number of compensation claims is falling, whereas in England and Wales it is increasing. The number of claims notified to the compensation recovery unit has reduced by 23% in Northern Ireland over a nine- year period, and over the same period it increased in England and Wales by 17%. It is a clear disparity—84% dearer insurance to start with, despite the fact that our claims are reducing. We have to ask why premiums are so high in Northern Ireland.

In 2009 the CRU was notified of 29,467 claims for compensation. In 2010 the county court of Northern Ireland made awards in only 768 civil bills for personal injury claims. The vast majority of claims are dealt with without the need for determination by the court. Again, claims are down but we are paying extremely high premiums.

In England and Wales a claim for damages arising from personal injury will routinely involve detailed claims for future caring costs. In Northern Ireland, these costs are reduced as injured persons will often be cared for by family members. That is perhaps the nature of us in Northern Ireland, but it is a factual example. In 2010, 87% of awards for personal injury in the county court were for less than £5,000. When there are claims, the average claim is small. That is important to note.

[Karl MᶜCartney]

Does the hon. Gentleman know whether the reduction in Northern Ireland is a result of insurance companies still having plenty of assessors who look at claims and make sure they are not fraudulent or as high as they are in England and Wales?

[Jim Shannon]

I am not aware of all the details. I am aware only that compensation claims are down. The value is down, as well as the numbers. That indicates that we deserve consideration when it comes to premiums. That is the point I am making.

A number of the factors that are thought to have contributed to the rise in the cost of insurance premiums in England and Wales are absent from Northern Ireland—again, it is important to draw the comparison. The absence of no win, no fee agreements means that those in Northern Ireland who are seeking compensation must invest their own funds—perhaps that explains the previous point—before a legal claim can be brought. Alternatively, a solicitor’s practice may be willing to fund the outlays. This dissuades unmeritorious litigants. Furthermore, in England and Wales a successful plaintiff’s solicitor can claim a success fee, which can increase legal costs by up to 100%. There is no provision for success fees in Northern Ireland.

The insurance market in Northern Ireland shares a number of characteristics with England and Wales. The same advertisements are shown on TV. Admiral Group advertises on TV, as does Churchill, but underneath, the wee small print says, “Not available in Northern Ireland.” So although Churchill says, “Oh, yes” to every question he is asked, that does not apply to Northern Ireland, so there is clearly an issue to be addressed. The insurance market in Northern Ireland shares a number of characteristics, but not the price. That is the point we want to make.

Some time ago I had the opportunity to go with some of my constituents to meet the Department of the Environment in relation to a suggestion we were making. Perhaps the Minister in his response, as well as the Committee, will take this on board to see how we could reduce premiums and fees in Northern Ireland. One of the suggestions that was made concerned a new scheme that exists in parts of America and Europe, whereby a gadget, for want of a better word, is put in cars that monitors the speed and the mannerisms of the driver. That feeds back to a central place. That reduces fees because if drivers transgress, on the principle of “Three strikes and you’re out,” they lose their premium reduction. That might be a way of addressing some of the issues.

--- Later in debate ---

[Mr David Ward (Bradford East) (LD)]

Just after I was elected, I was asked to go to a local mosque to meet a group of young men who wanted to talk to me about various issues in the BD3 area of Bradford. It soon became apparent, however, that the main issue that they wanted to discuss was unaffordable motor insurance. Tales were told of people having to give up the ownership of vehicles used for family purposes and, more worryingly, of people having to give up the ownership of vehicles such as taxis, which were used for businesses and as part of their livelihoods. Even more worrying, I guess, were tales of friends who used Leeds postcodes when applying for insurance, despite living in Bradford, as the only way—fraudulently, of course—to obtain affordable motor insurance.

I undertook to determine the extent of the problem locally, and to see what proceedings had already taken place in Parliament to address the issue. It quickly became clear that Parliament did indeed take the issue seriously, especially through the work of the Transport Committee. It was useful to see the work that took place during the previous Parliament, and I am delighted that it has continued into this Parliament on such an important issue. Indeed, I welcome the Committee’s dogged and persistent pursuit of it.

We distributed about 15,000 local survey forms, and incredibly almost 2,000 were returned. In fact, they are still coming back. The respondents to the survey have seen their premiums rise by more than 60% in the past two years, at an average of just under £900, and their responses show that many Bradford residents are well aware of the role that personal injury claims play in pushing up total claims and, therefore, premiums. Many people have reported being pressurised to make bogus claims, and often by reputable firms of solicitors.

We carried out interviews with the police, insurance brokers and companies, driving instructors, GPs and, of course, numerous affordable-insurance-seeking drivers in order to get their views, and we produced a report and held a summit meeting to report back on the work that we carried out. What became apparent was that almost everybody we talked to had their own pet reason why insurance premiums were high. Whoever we talked to, they would say, “This is why they are so high.”

Many members of the public blamed uninsured drivers, and unfortunately we have the dishonour of topping the hit parade for uninsured drivers. I think that we have held it for several years in the BD3 community, and during our survey we often heard the question, “Why don’t the police do more about it?”

The police pointed out that the cost of uninsured drivers—the Transport Committee covered the point, but not a lot of people know this—is about £30 per premium, and it plays a part in high premiums but not a tremendously large part in excessively high premiums.

I went out with the police on a dawn patrol—all very exciting—in a vehicle impressively equipped with the latest, unbelievable technology for automatic number plate recognition. We have a ring of steel in Bradford—fixed cameras—but the technology in our vehicle enabled us to see all the number plates coming towards us and going away from us. They pinged up as information came through about vehicles that the police had an interest in, not necessarily just those that were uninsured.

Within 60 minutes of leaving the police station, we had identified an uninsured driver, the car had been seized and it was on the back of a trailer on its way to the compound. The car probably ended up being crushed. It would have been held for a period, but probably the owner just went to the next car auction and replaced the vehicle—and off he went again.

The police do impressive work—they seized 2,000 vehicles during the previous 12 months—but the level of fines has to be investigated. There is a difficulty for magistrates, because they have to take into account the ability to pay of the person being charged. It seems a simple solution just to increase the fine, but if the person cannot pay the penalty it does not really matter whether it is £300 or £3 million because it is not going to be a deterrent.

[Karl MᶜCartney]

The hon. Gentleman may have heard my speech, in which I made precisely that point. Fines have to be such that uninsured drivers definitely insure themselves. Unless they are increased in the magistrates courts and elsewhere, such drivers will not be forced to do so. What does the hon. Gentleman think?

[Mr Ward]

Absolutely. When the fines are so much lower than the premiums, there are bound to be people who take the risk of getting caught, and it completely undermines the public’s confidence in the system and, indeed, the police. If fines are to be a proper deterrent, surely they should at least reflect the amount that the driver would have had to pay had they not avoided paying insurance.

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[Mike Penning]

I know you too well ever to rebuke you, Madam Deputy Speaker, and I would never be led astray by the hon. Gentleman.

I do not agree with the hon. Gentleman. We have a situation in which young people—or, indeed, anyone—passing their test today can go on the motorway. There are no restrictions on that, and we need to give them the necessary skills. I have a full car, full motorbike, HGV and tank licence to boot, and I have driven on the motorway in all types of vehicle, so I understand. I have an H licence. The hon. Gentleman was indicating from a sedentary position, “What is a tank licence?”—it is an H licence for tracked vehicles.

Let me touch on issues of technology. As we heard earlier, some insurers have been using technology, particularly the black box. The Co-operative insurance company, which was mentioned earlier, has a scheme that encourages people to take the box in their car, and it monitors very carefully what speed one is travelling at, what time of day one is driving—nearly everything. I have been pushing quite extensively with insurers to roll that out further. It is the obvious way forward. If people are given the responsibility of a driving licence, they can be given the opportunity of responsibility. However, insurance companies have to be transparent. We have to know why the premiums are what they are and how they can best be broken down so that the public, when they look at their premium, know exactly what they are getting for their money. If there is a discount, we need to know exactly what it is and that if the person who takes out that policy sticks rigidly to the agreement their premium will not shoot up the following year or month.

In conclusion, I think this has been a very sensible debate. I welcome the report from the Committee chaired by the hon. Member for Liverpool, Riverside and I think that we can agree on most things. We have many, many Committees sitting already; one more would be quite difficult. We meet regularly on a cross-party basis to discuss these matters, and myriad Departments can be involved, depending on the issue in question.

At the moment, we are doing a great deal of work on penalties, which I have not yet touched on, and on the question of whether fines are the answer. The Secretary of State for Work and Pensions has already announced that he is going to allow fines to be increased for those on benefits. At the moment, the figure is £5, but that will increase to £25. I personally think that, as well as looking at increasing fines, we need to look at the points. In most cases, people will be prepared to pay a fine, but they might find the prospect of getting additional points on their licence more of a deterrent. They might decide that getting an extra six points, rather than just three, might mean losing their licence. I hope that such a move might prevent more people from driving while uninsured.

[Karl MᶜCartney]

I understand what my hon. Friend is saying about points. Is there not also a need to make it socially unacceptable to drive while uninsured? Would it perhaps be prudent to consider a prison sentence for people who seem determined to do it three, four of five times or who have been involved in a serious accident while uninsured?

[Mike Penning]

I thank my hon. Friend for that point. We will continue to look at the penalties involved. Those of us who came through the drink-driving campaigns of the ’70s and ’80s will remember how we turned drink-drivers into pariahs, but that involved educating the public first, then using a big stick. We did the same with seat belts, and we now need to do it with drug-driving as well as with uninsured driving. We will continue to look at this, but, at the end of the day, it is for the magistrates and the courts to decide how they interpret the law. They have a degree of autonomy, which is why so many drivers who have more than 12 points have kept their licence. It is a matter for the courts to interpret the special needs of the people involved, and perhaps the lawyers who represent them are also a factor. I was shocked when I saw the figures, and it was my own Department that released them.

I know that the hon. Member for Liverpool, Riverside is going to respond to the debate. Her Committee has produced an excellent report, and we have had an excellent debate. I look forward to implementing many of the measures that have been mentioned, so that our roads can continue to be the safest in Europe and among the safest in the world.