At Cartwright King we have the highest quality motoring solicitors who are on hand to assist if you have been accused of driving without insurance. In terms of motoring law, this is one of the most serious offences you can commit and can potentially lead to a very heavy fine and the loss of your driving licence. We therefore understand how important it is that you receive the best legal advice and representation possible, which we are able to offer wherever you are based.
What is the law regarding driving without insurance?
It is a compulsory requirement for anyone who uses a vehicle on the road or any other public place to have the correct and valid insurance against third party risks. This includes vehicles that are only parked and are not driven. As long as the vehicle is on the road, it must be insured. The Magistrates Court’s treat driving without insurance very seriously because of the potential consequences if you were to crash when uninsured.
Driving without insurance is an offence of strict liability; not knowing that you are driving without insurance will not usually provide you with a defence.
What are the consequences of being found guilty of driving without insurance?
Driving without insurance is a serious offence and can result in severe consequences. You may be offered a fixed penalty, 6 penalty points and a £200 fine.
If the case goes to court you face between 6 and 8 penalty points and an unlimited fine. In serious cases the court will consider disqualification from driving. Conviction will also mean your future premiums will increase.
If I was driving a company vehicle, would my employer hold responsibility?
If you are found to be driving without insurance in the course of your employment and you did not know of the lack of cover you will have a defence to the charge. Even if you are acquitted, your employer can still be convicted of permitting you to drive without insurance.
My insurance company did not renew my insurance and failed to notify me, am I still liable?
There is no obligation upon your insurer to notify you about your insurance, their sole responsibility is to honour cover when it is put in place. The person solely responsible for insuring their vehicle is the user, who must comply with the Road Traffic Act, which means that you would still be liable. Despite being responsible, such circumstances might amount to “special reasons “ for not endorsing your licence.
I genuinely thought I was covered on my parents insurance but I’m not, could I be prosecuted?
As you were using the vehicle, it is your responsibility to ensure that you are appropriately insured, meaning that you have committed an offence. Again, depending on the circumstances you may be able to avoid penalty points by arguing ‘special reasons’.
What are ‘special reasons’?
A “Special Reason” is something that does not amount to a defence, but is connected with the offence. It must be a mitigating circumstance and something which the court should properly take into account. Examples in No Insurance cases might include;
- A discrepancy with your insurance company e.g. cancelling your insurance without notifying you
- You genuinely believed that you were fully insured at the time.
- If you were driving someone elses vehicle in reliance on their confirmation that their policy would cover you or that a policy had been taken out.
These cases often raise complex issues and it is i important to seek legal advice at the earliest opportunity if you think your case may amount to a special reasons situation. Our motoring team are on hand to discuss your options and represent you in court.
How can we help you?
At Cartwright King we will review your circumstances carefully and ensure that you receive the essential, high quality legal advice and representation that our solicitors have to offer. We will assist you by:
- Reviewing all the information in your case
- Arguing your case in court – using ‘special reasons’ in your defence if they are applicable
- Advising you throughout and taking the worry off your hands
- Advising you about an appeal if necessary
Why Choose Us?
At Cartwright King, our solicitors understand the stress that an alleged motoring offence can cause and the potential knock on effects that losing you licence can have on your family and your career. We are available to support you throughout the entire process, explaining the likely outcomes and fighting on your behalf.
How to make contact
If you require any legal advice, or if you would like a no obligation, free initial telephone discussion, then please call us on 0808 168 5550. Alternatively you can email the Motoring team on email@example.com and we’ll get back to you as soon as possible.
Our Motoring solicitors provide advice across the country and are happy to meet at a time and location that suits you. We have a network of offices in Birmingham, Bedford, Derby, Leeds, Leicester, London Temple, Manchester, Middlesbrough, Northampton, Nottingham and Sheffield.