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Driving Without Insurance
Speak to our motoring law solicitors if you have been accused of Driving a Vehicle Without Insurance. We can provide you with expert legal advice, robust defence and minimise any potential consequences.
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Facing an allegation of Driving a Vehicle without Insurance?
If you are caught driving without an appropriate insurance policy, you may face a fixed penalty or a summons to attend court. Driving without insurance is a criminal offence, carrying a range of penalties and the possibility of a driving disqualification for up to 12 months.
In many cases, charges result from a police national computer check. However, it’s not uncommon for errors to occur, with the system occasionally indicating no insurance even when a policy is in place—particularly in cases involving fleet insurance or motor trader policies.
Whatever your situation, obtaining professional legal advice is the best way to resolve the matter and achieve the most favourable outcome.
Speak with our expert solicitors to find out how we can help you.
The offence of Driving without Insurance
UK law requires that all vehicles driven on public roads or in public places have valid motor insurance. This insurance must provide at least third-party coverage. If you are the registered keeper of a vehicle, you must either have insurance in place or declare the vehicle as off-road through a Statutory Off-Road Notification (SORN) to avoid prosecution. If you’ve been caught driving without insurance, you may understandably be concerned about potential consequences and penalties.
For those who rely on their driving licence for employment, the impact of such an offence can be especially serious. We understand the worry this can bring, particularly if your job is at risk. Our Motoring Defence Solicitors can help you understand your legal position and explore possible defences against the charge. Get in touch with us today for expert guidance on your case.
Penalties for Driving Without Insurance
The offence carries a sentence of 6-8 penalty points or a period of disqualification. Permitting someone else to drive your vehicle without a valid policy is also an offence that carries the same potential penalty.
You will still be committing the offence if you are driving without insurance unwittingly after being informed by a third party that the vehicle was insured. Under such a circumstance, however, you would likely be able to advance a special reasons argument and ask that the Court exercise some discretion and impose no penalty for the offence.
A conviction for this offence can have severe consequences if you already have points on your licence as it could result in you totting up and being at risk of a 6-month ban.
Please do get in touch if you have been charged with this offence and we can explain how JHR Solicitors can help.
Who we are and how we can help
We are expert motoring offences solicitors with extensive experience in handling Driving Without Insurance cases. If you have been charged, contact us immediately for professional advice and assistance.
Our team has a proven track record of helping drivers avoid penalty points and retain their driving licences. If you believe you may have mitigating factors or special circumstances, reach out to us for guidance.
One call is all it takes for us to assess your situation and explain how we can support you.
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Is there a defence for Driving without Insurance?
The offence is a strict liability offence. If you are accused of the offence, you then must provide evidence that the vehicle was insured.
Vehicle used outside of insurance policy restrictions
Insurance policy wording and terms can be confusing, and it’s easy to make a mistake and unknowingly operate a vehicle outside the policy’s limitations. A common issue arises when police allege that a vehicle was used for “business” purposes under a “social and domestic” policy, or the reverse.
Such allegations may also surface if the vehicle was used for a business activity not covered by the insurance.
This area of law can be very complex. Our team will carefully examine the details of your policy to determine whether any restrictions applied in your specific situation.
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Frequently Asked Questions
If you choose to accept a fixed penalty offer (and have fewer than 6 pre-existing points on your licence), then you would not need a solicitor to represent you. If you wished to challenge the case, then we would strongly advise you obtain expert representation.
You have the right to appeal to the Crown Court against either conviction or sentence.
Not always. Cases of this type often conclude out of Court via the acceptance of a fixed penalty offer.
Only the most serious examples of offending will result in a ban e.g. if you were driving a goods vehicle and the vehicle was involved in an accident causing injury or damage, you would likely be at risk of a disqualification.
The police can take your car if you do not have a valid policy, they will not return it to you until you can prove a valid policy is in place.
The minimum penalty for the offence is 6 penalty points. Getting caught twice would place you at risk of a 6-month ban under the totting system.