Driving Without Insurance
Driving without insurance solicitors provide legal advice when you are accused of driving or keeping a vehicle without an appropriate policy. A conviction can mean licence points, unlimited fines and possible disqualification from driving, potentially endangering your reputation and career. With Newtons, you can rest assured that we will use our considerable expertise to present a compelling case and fight for a fair outcome.
What Are ‘No Insurance’ Driving Offences?
Under Section 143 of the Road Traffic Act 1988, it is a motoring offence to drive, or permit or cause another person to drive, a vehicle without insurance. The law requires all motorists to insure their cars, thus providing financial protection in the event of an incident that damages or injures another vehicle, property, person or animal. If you drive a car that you are not insured to drive or allow someone else to do so, you are committing a criminal offence.
- Driving without insurance: This occurs when you drive a vehicle that is not covered by at least third-party insurance or that you are not personally insured to drive.
- Permitting someone to drive without insurance: It is an offence for a registered keeper to let someone drive their vehicle without the proper insurance.
- Causing someone to drive without insurance: You cannot legally instruct someone, including an employee, to drive a vehicle without the proper insurance.
- Keeping an uninsured vehicle: Unless you have submitted a Statutory Off Road Notification (SORN), you must insure your vehicle even if you do not drive regularly.
Penalties for Driving Uninsured
Being found to drive uninsured can result in several penalties, namely fines, Fixed Penalty Notices (FPNs) and sometimes disqualification. You can be penalised even if you did not know that your insurance had lapsed.
Fines
If the police find that you are not insured to drive, they may issue an FPN inviting you to pay a £300 fine and accept at least 6 licence points. If you challenge the FPN, the case goes to court and you become liable to pay an unlimited fine.
Disqualification
If you go to court because you challenged an FPN or the police deemed your case to be serious, it is possible to temporarily lose your licence. Such driving bans typically last up to 12 months.
Vehicle seizure
Once the police have proven that you have driven without insurance, they have the power to immediately impound, sell or even destroy your vehicle. To get your vehicle back, you must quickly prove you have valid insurance and pay any applicable recovery and storage fees.
Defences for Driving Without Insurance
If you have either received a court summons or intend to challenge an FPN, you need specialist solicitors to present a compelling defence for driving without insurance.
Delegation of Responsibility
You asked someone else to arrange cover and had no reason to believe the vehicle was uninsured.
Non-owner driving
You were driving a company-owned vehicle in the course of your employment, rather than one that you privately owned or hired.
Policyholder error
Your insurance policy was cancelled or rendered invalid due to an administrative error without your knowledge.
Special reasons
A specialist solicitor in driving without insurance may present evidence that exceptional circumstances, such as a medical emergency, required you to drive while uninsured.
Specialist Support from Driving Without Insurance Solicitors
When you are facing penalties for driving without insurance, Newtons Solicitors provide reliable legal advice and a robust defence strategy. Our empathetic experts understand that licence points, fines and driving bans have far-reaching consequences for your life and career. Please contact us to arrange a consultation at your nearest office.
No Insurance FAQs
No, you do not always receive a court summons for driving without insurance. The police will decide whether to issue a fixed penalty fine and licence points or whether to bring a more serious case to court. This is commonly done when a driver has never passed a driving test, has given false details or was driving a higher-risk vehicle such as an HGV.
The best defence depends on your specific circumstances, although it is common to claim delegation of responsibility, non-owner driving, policyholder error or special reasons.
Yes, insurance is typically valid until 23:59 on the expiration date. It is important to know exactly when your coverage elapses, so that you can avoid committing the offence of driving without insurance.
Many insurers offer a discretionary grace period of 7–14 days in which you can still pay. If you fail to do so, you could be charged an additional late fee, have your policy cancelled and receive a negative mark on your credit file. If you miss a payment and your insurance is cancelled, you must insure your vehicle again as soon as possible.