Driving without Insurance

Driving or riding or using a vehicle without insurance is an offence which carries with it a fine, and a minimum of six penalty points, a maximum of eight, and regularly results in a discretionary disqualification, depending on the aggravating circumstances. You need not be driving to use the vehicle, and allowing someone to drive your vehicle without insurance is considered using the vehicle.

If your vehicle causes the death of someone whilst you are uninsured you are guilty of an offence no matter whether it is your fault or not. There is a maximum sentence of two years, and a minimum disqualification from driving of 12 months.

There is only one defence to uninsured driving and that is that you are driving a vehicle belonging to or hired to your employer in accordance with a contract of employment, and you were not aware that the vehicle was not insured for your use.

In all other circumstances there is no defence, although it may be that there are Special Reasons for not imposing the penalty points.

Special reasons relate to the reason you commit the offence, not to your personal circumstances.

In particular, the fact that you did not know that you were uninsured is insufficient without more, and in particular, if your rely on a friend or family member telling you that there is insurance without checking, you are unlikely to avoid points without unusual circumstances.

The most common ways of falling foul of the law on insurance are:-

  • Accepting that your friend or family member is correct in saying that you are insured, when the vehicle is not covered for any driver
  • Using a vehicle for an excluded use. (e.g. for business when insured for domestic and pleasure use.
  • Changing your vehicle without arranging for the insurance to be changed first
  • Assuming that as a named driver on someone else’s comprehensive policy you are entitled to drive someone else’s vehicle. You are almost certainly not.
  • Believing that a comprehensive policy entitles you to drive another vehicle belonging to you. It almost certainly does not.
  • You lend your vehicle to someone else believing that that person is insured.
  • Leaving your vehicle in the street without insurance.

No insurance is a minefield, and with ANPR cameras everywhere these days, any mistake may very quickly result in you appearing in Court.

Contact us for advice and representation on 0800 046 7911

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