Driving Without Insurance in the U.K.

Have you been caught driving without insurance? Did you know that even if the vehicle is insured, if you’re not correctly insured to drive it, you could get penalised?


Most of us pay for our motor insurance monthly & many people get caught driving with no cover in place, simply because:

  • they have missed a payment & not realised it; or
  • they mistakenly believed that they were covered to drive someone else’s car.


Content Overview

    What you should know about motor insurance

        Does your motor insurance policy automatically renew?

         Does your insurance policy cover you driving on business?

    What are the consequences of being caught driving without insurance in the U.K.?

    Do you have a defence for driving without insurance?

    How can I help, if you are charged with driving with no insurance?

    What are “Special Reasons” for avoiding points when caught driving without insurance?

        Classic Case Study: parent misses insurance premium payment for son or daughter

         Special Reasons for driving without insurance: What my client Miss R from Liverpool says

    What other offences can you be charged with relating to motor insurance?

    What are the penalties for driving insurance offences?

    Conclusion


What you should know about driving without insurance

Motor insurance policies can be confusing & have things buried in the small print you had no knowledge of. I have represented clients across England & Wales who were unaware that their insurance cover was inactive or incorrect.

It is important to review your insurance policy to ensure you are sufficiently covered. Even if you have fully comprehensive insurance cover, it does not automatically mean that you can drive any other vehicle. Be aware of the small print in your policy & do not rely on what other people tell you about the extent of their cover when you drive their vehicle or, they drive yours.

Does your motor insurance policy automatically renew?

Sometimes your insurance policy renews automatically . But sometimes you are not notified when it does not because the insurer has changed their renewal from automatic

to requiring confirmation from you. It is easy to miss the fact that premiums are no longer being taken from your bank account & before you know it, you have been stopped by the Police. 


Check the small print!

Does your insurance policy cover you driving on business?

Does your policy cover you if you are working? Does it cover you if you are driving to or from work?

If you are caught driving a vehicle for a use not covered by your policy, then effectively you are not insured & are liable to prosecution.


This is a complex area of law. If you consult me, I will review the terms of your policy to establish what use of the vehicle is covered & whether that matches the circumstances in which you were using the vehicle. If there is the basis for a defence, I will advise you on the law & represent you at Court. Magistrates must be satisfied of your guilt beyond reasonable doubt for you to be found guilty.

What are the consequences of being caught driving without insurance in the U.K.?

The consequences of being caught driving without insurance can be serious, and these may include:

  • your car being seized by the Police & kept until you produce a valid policy covering its use;
  • having to pay a substantial sum for the return of the car or risk having it crushed;
  • having 6-8 points endorsed on your licence;
  • being banned from driving for a short period (if the totting up procedure applied);
  • facing a 6 month driving ban under the totting up procedure if you already have 6 or more points;
  • having your licence revoked if you are a probationary driver;
  • having to pay a fine of up to £5,000.00

Do you have a defence for driving without insurance?

Yes, you may have a defence if:

  • you do not own the vehicle; or
  • you were using the vehicle as an employee in the course of your employment;
  • you were using the vehicle under a hire agreement or loan & had no reason to know that you were not insured to drive it.


If the vehicle belonged to your employer & you were allowed to drive it in the course of your employment, you should have a defence. Your employer is expected to make sure that the right type of cover is in place before allowing you to drive a company vehicle.

How can I help, if you are charged with driving with no insurance?

First, you may have a defence to the allegation or be able to argue what is known as “Special Reasons” to avoid points being endorsed on your licence.


Second, if you are convicted & face a 6 month driving ban under the totting up procedure - I can advise on your “exceptional hardship” argument to prevent you from being banned for any period of time. I have succeeded in over 95% of cases.

What are “Special Reasons” for avoiding points when caught driving without insurance?

This is a legal argument that I have frequently succeeded with. The key to succeed in this argument is that you were misled into believing you were insured.


There are numerous examples of cases in which the Court has held that the defendant was misled into committing the offence, and that this was capable of amounting to a Special Reason, e.g.:

  • a garage proprietor applied for full cover, but was instead issued with a named-driver Policy without the difference being pointed out to him by the Insurance Company;
  • the owner of a lorry requested the Proprietor of a Garage at which it was repaired to drive it to his premises. Assuming that the Garage Proprietor would, as in normal commercial circumstances - he should have been covered by his own Insurance. He was not, and did not inform the lorry owner.


But, you must show that you were in some way misled. An honest, but groundless belief that the Policy covered a particular use cannot amount to a Special Reason.

Classic Case Study: parent misses insurance premium payment for son or daughter

This is a scenario that I come across often.


One person in a family relationship arranges & pays for motor insurance for another family member but then unknown to either of them misses a monthly instalment leaving the driver uninsured. This often happens where a parent buys a car for a son or daughter going to university. The parent takes out insurance online & payments are made from the parent’s bank account. A payment is missed, the insurer cancels the policy without communicating that to the parent who remains unaware of the problem. The driver is stopped by the Police & charged with driving without insurance.


The driver has to plead guilty but can argue Special Reasons on the basis that they had no:

  • access to the bank account from which payments were made;
  • knowledge that a payment had been missed;
  • reason to believe that they were uninsured at the relevant time.


If the argument succeeds, the driver is convicted but has no points endorsed on their licence. Given that they would otherwise get 6 points & that they are often a probationary driver whose licence is revoked if they get 6 points, this is of massive importance to them.


I can advise you on this argument as well as variations on it.

Special Reasons for driving without insurance: what my client Miss R from Liverpool says

“I was driving a car for which insurance had been arranged by my father. I did not know how he paid for it but it transpired he did so by monthly installments from his bank account to which I had no access. Before I had completed my 2 year period as a probationary driver I was stopped by the Police & charged with driving without insurance. It turns out that he had missed a payment without realising this.


My father instructed Frank Rogers & he advised that although I had to plead guilty I could try to rely on Special Reasons so as to avoid getting 6 points which would have meant my licence being revoked. Frank immediately put my mind at rest & I was hugely reassured by his knowledge & the clear way in which he explained what would happen at every stage of the Court process.


At Court, my father & I gave evidence & Frank outlined my case to the Magistrates who accepted his argument that although guilty of the offence, I should not have points endorsed on my licence. This meant I avoided having to re-take both Tests & could carry on driving with a clean licence.


My father & I would not hesitate to recommend that you consult Frank Rogers in relation to any driving offence.”

What other offences can you be charged with relating to motor insurance?

All vehicles must be insured and all drivers must be insured to drive them. There are 3 main offences you can be charged with:

  • using or driving a vehicle without insurance;
  • causing or permitting another person to drive without insurance;
  • “keeping” a vehicle with no insurance


Using or driving a vehicle with no insurance: all vehicles used or driven on a road or in a public place (which includes pub & shop car parks) must have a valid policy of insurance. Otherwise you are committing an offence.


Causing or permitting no insurance: if you are the owner or registered keeper of a vehicle then you are responsible for it & if you allow someone to drive who is not insured, then you can commit this offence.


Keeping a vehicle with no insurance: as the registered keeper of a vehicle you must have it insured at all times, even when it is off the road. If you are keeping an uninsured vehicle off the road then you should make a statutory off road notification (SORN) & you will avoid being charged with this offence.


If you are charged with any of the above offences & you want advice on defending the case or, on getting the best possible outcome - then I can help you.

What are the penalties for driving insurance offences?

The maximum sentence for using, driving, causing or permitting someone to drive without insurance:

  • a fine of £5,000.00
  • 6-8 penalty points or a disqualification from driving
  • if you have been driving for less than 2 years then 6 points will mean your licence being revoked
  • The Police can impose a fixed penalty for no insurance of 6 penalty points and a fine of £200.00 on the spot.


The maximum sentence for keeping a vehicle with no insurance:

  • a fine of £1,000.00
  • no penalty points


The Police or DVLA can impose a fixed penalty of £100.00.

Conclusion

It is important to remember that by seeking legal advice at the earliest opportunity you can help to ensure that any complex legal arguments favourable to you are identified and successfully argued on your behalf.


If you are charged with any motoring offence or have just received a notice of intended prosecution, you may call me at 0151 601 3743, or complete the Contact box & I will then:

  • call you to discuss your case in a free initial telephone consultation; or
  • respond by e-mail or
  • offer you a one-hour Zoom video conference or telephone consultation backed up by written advice for a fee of £200.00; or
  • agree to take your case on & agree on a fee for representing you.
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