Insurance Offence

It is compulsory for any person driving a motor vehicle on a road or other public place to have at least third party insurance in place to drive that particular vehicle.

Failure to insure a vehicle is treated seriously by the Courts, although it is no longer an offence for which you can be sent to prison. However, it is crucial that you obtain early legal advice as to whether the cover you hold is sufficient to absolve you of the offence alleged against you, especially if you have been driving other vehicles. There are some conditions imposed by insurers which are invalid and illegal and therefore it is essential that you receive advice from us and NOT your insurance company as to whether or not a condition makes you guilty of the offence.

It is possible to be convicted of a no insurance offence even if you are not driving. This would typically involve the offence of permitting another to use your vehicle whilst that person is uninsured. However, at Olliers motor law we are able to offer realistic advice in relation to whether you have any prospects of successfully defending this allegation.

Driving without insurance is what is legally termed a “strict liability offence”. This means that an offence can be committed regardless of whether or not you intended to drive without insurance. The only defence available is where you can prove that the vehicle in question did not belong to you and was not hired or loaned to you and that you were using the vehicle in the course of your employment and that you neither knew, nor had any reasons to believe, that there was no policy of insurance in forced governing your use of that vehicle. Typically this is referred to as the “employees defence”.

Penalty

Driving without insurance is punishable, on conviction, by a fine and between 6 – 8 penalty points. However, in extreme cases the Courts can sentence you to a Community Penalty Order and/or a disqualification – the length of which is determined by the Magistrates. Because of the serious nature of this offence it is crucial to receive legal advice as early as possible to consider whether special reasons apply in yourcase. Furthermore, if a conviction will result in you amassing 12 or more penalty points on your licence we will offer you advice in relation to arguing exceptional hardship as a way of keeping your driving licence.