Driving Without Insurance Solicitors

Caught driving without insurance? What to do next

Driving without insurance is an offence under section 143 of the Road Traffic Act 1988. You can commit the offence even if you genuinely believed you were insured because the prosecution does not have to prove that you knew cover was missing.

The first job is to establish whether a valid insurance policy was in force and, if not, whether a defence, special reasons or mitigation may apply.

Penalties for driving without insurance

Police may offer a fixed penalty of £300 and six penalty points. The police can also seize an uninsured vehicle. If you are a new driver, six penalty points can lead to your driving licence being revoked.

Could I get a driving ban?

If the case goes to court, the court can impose an unlimited fine. Where the court does not disqualify you, the sentencing guideline says it should normally impose six to eight points. For the most serious category, the guideline recommends a driving ban of six to 12 months, but 12 months is not a legal maximum.

If you have received a fixed penalty or summons, call 0151 422 8020 before deciding what to do next.

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What has to be proved in a driving without insurance charge?

For a straightforward allegation, the prosecution must prove that you were driving a motor vehicle on a road or other public place.

You'll generally need to prove, on the balance of probabilities, it was more likely than not you had the right cover.

If you prove a valid policy existed and the prosecution says your use fell outside that policy, they must prove the alleged out-of-scope use beyond reasonable doubt.

How our driving without insurance solicitors can fight your case

No insurance cases can be complicated. We can check your policy wording, insurer records and Police National Computer information, establish whether you and the vehicle were covered, and identify any defence or special reasons argument that may apply to your case.

We can also advise you on plea, mitigation and court representation. If cost is part of your decision, you can review our pricing information before deciding whether to instruct us.

Defences to driving without insurance

There are a number of ways in which a driving without insurance charge can be challenged. The right defence depends on the vehicle, the policy and how you were using it at the time.

Company car and vehicle ownership

A specific defence may apply if you were driving a company car or another vehicle as part of your employment. You must prove all three conditions (the vehicle didn't belong to you and wasn't hired or loaned to you, you were using it in your employment and you neither knew or had reason to believe the required insurance wasn't in place).

Fleet insurance or motor trader policy

It's important to consider whether you had fleet insurance cover or a motor trader policy and, if so, whether it covered you during the time your alleged offence took place. A Police National Computer check doesn't always show the full picture. We check your policy and insurer’s records to get the right information.

Where evidence shows you had valid cover, we could resolve the insurance charge without a contested court hearing.

Unknowingly driving without insurance

It's common in these cases that your insurance company cancelled your policy without you knowing. You may also have bought a new policy but it didn't start when you thought it did.

A genuine mistake doesn't automatically provide a defence. Driving without insurance can still be proved even if you didn't know you were uninsured. However, the circumstances may support a special reasons argument or mitigation.

It's also important to check whether any valid third party insurance remained in place and whether the policy covered you for the vehicle and journey. A false policy sold by a ghost broker can create a similar problem.

Special reasons for driving without insurance

Whilst you may technically have been driving without insurance, you may have ‘special reasons’ that can be argued in court. If the argument succeeds, the court has discretion not to impose the usual penalty.

The most common situations in which ‘special reasons’ can be argued are those where the motorist was misled in some way. This has included parents telling children that they are insured to drive the car (but are not), spouses telling each other they are insured as named drivers (but are not), and even that the wording on the insurance policy was too confusing. In each of these situations, there is a good chance of the court imposing no penalty points, no fine and no disqualification.

In our opinion, it is always worth arguing ‘special reasons’ as you have very little to lose. If you do not argue ‘special reasons’ for driving without insurance then you will receive at least 6 points and a fine. Even if you do argue ‘special reasons’ and it is not accepted by the court you still only face the same level of penalty. As you would normally be advised to attend court to put mitigation forward, you may as well argue ‘special reasons’ first.

Speak to a driving without insurance solicitor

For an informal discussion of your case please telephone 01514228020. If you would prefer not to telephone, please complete the online contact form and we will call/email you back.

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M.A.J. Law specialise in defending motorists nationwide. Our team have over 50 years of combined experience and first-hand knowledge of most courts in England and Wales. Free advice? Please get in touch.

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