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JR Jones Solicitors Birmingham
solicitors Birmingham

Driving without Insurance

At J R Jones we have a great deal of experience in defending all types of motoring offences including Driving without Insurance.

If you are charged with Driving without Insurance, we aim to achieve the most favourable outcome possible for you. In some cases this may be an acquittal of the charges, in other cases it may mean minimising the sentence imposed by the Courts.

Driving without insurance – the law

All drivers are required to have a minimum level of insurance contact uscover for any vehicle. This means that a minimum of third party insurance must be in place for all vehicles used on the roads in England.

You do not have to be driving the vehicle to be charged with an offence. If you allow another person to drive a vehicle which is registered to you, whilst the vehicle is uninsured, you can be charged with an offence.

The penalties for driving without insurance are between 6 and 8 penalty points and a means tested fine of up to £5000.

Driving without insurance – possible defences

Defences do exist against charges of driving without insurance. These types of defences are known as special reasons. This means that although you have committed an offence, you are able to show a reason or mitigating factor in your defence as to why this has happened. An example might be if you were misled into believing that insurance was in place for the vehicle.

This type of defence may be used to try and minimise the sentence imposed by the Courts, for example to avoid receiving a driving ban or penalty points.

Common reasons for driving without insurance offences

Lapsed insurance / cancelled insurance

Driving without insurance is as an absolute offence. This means that either you have insurance in place or you do not. The responsibility for ensuring cover is in place lies with the you as the owner of the vehicle.

One of the most common causes of driving without insurance is when someone has had insurance cover in place on a vehicle and it has been cancelled or has not been renewed, either due to a mistake or an oversight.

It may be possible to show ‘special reasons’ in mitigation and therefore try to reduce any penalty imposed by the Court.

If you lend your vehicle to someone else, it is your responsibility to check that they have valid insurance cover to drive your vehicle, or that your insurance covers them to drive it.

Some people mistakenly think that because they have fully comprehensive insurance on their own car, that they are also insured to drive other vehicles. This is rarely the case. You can be prosecuted for permitting another person to use your vehicle without insurance.

If my car is parked and not being used, does it have to be insured?

Anyone who uses, causes or permits a person to use a vehicle on the road, must have an insurance policy in place. If a car is parked on a road, even though it may not be in use, it is still legally required to be insured.

Do I require a solicitor for a motoring offence?

Some people choose to represent themselves in Court to try and save money on legal fees. This is almost always a mistake. The Courts have heard every excuse that exists for motoring offences and will not be impressed by someone with little or no understanding of the law trying to defend themselves.

A specialist motoring offences solicitor with knowledge and experience of the law will offer you the best chance of achieving a favourable outcome in your case.

Contact us to speak to one of our solicitors who will assess your case and advise you on a possible defence.