Driving without insurance is a serious offence in the UK that can have significant consequences. Whether you’re experienced behind the wheel or a new driver, you should know the importance of having valid insurance.
Technology makes it simple for police to identify uninsured vehicles and drivers. Many police cars are now equipped with automatic number plate recognition cameras, which show whether the vehicle has valid cover and the details of the registered keeper. Police may scan licence plates at any time, meaning you should be aware of the law and avoid risking consequences.
In this article we’ll look at what happens if the police catch you driving without insurance, the penalties and how you can protect yourself. We’ll also cover the role of motoring solicitors in defending your case.
What Is Classed As Valid Coverage?
Driver vs Vehicle Insurance
The Motor Insurance Database records insured vehicles and drivers throughout the UK. It is usually updated by your insurance provider when you open your insurance policy. It is important to pay attention to communications from your insurance company to make certain you are correctly insured. While most policies automatically renew, some may not, leaving you without insurance cover, which is against the law.
When it comes to car insurance there are two types to consider – driver’s insurance and vehicle insurance. Driver insurance covers you as an individual and allows you to drive other cars as long as each vehicle is insured as well.
Vehicle insurance covers a specific vehicle regardless of who is driving it as long as they have permission. It is important to note that each insurer has different rules, and many policies that let you drive other vehicles require each vehicle to be insured in its own right.
Comprehensive Insurance Coverage
Comprehensive is the most complete cover. It covers third-party liabilities and also theft, fire and damage to your vehicle. Having comprehensive cover means you’re well covered in all situations.
Third-Party Car Insurance
Third-party insurance is the minimum legal requirement in the UK. It covers damages to property and injuries to others or the other vehicle in an accident where you are at fault. It does not cover damage to your car.
Penalty for Driving Without Insurance
Although getting caught as an uninsured driver won’t result in a criminal record, driving without proper cover is a serious offence that may still result in penalty points and a maximum fine of up to £1000 if convicted. Uninsured driving will also appear on your driving licence as an IN10 endorsement for four years, which alerts insurance providers and can make it more difficult to find a valid policy in the future. If you receive penalty points, you may lose your driving licence if you have existing penalty points, under the UK’s totting-up system. You may also receive a driving ban for 28 days or longer.
Fixed Penalty Notice
If you drive without insurance cover you can get a fixed penalty notice. This will include a fixed fine of £300 and 6 penalty points on your licence. These points will stay on your record for 4 years and will affect your future insurance premiums.
Court Summons
In more serious cases, uninsured drivers may be summonsed. This can happen if you’ve never passed your driving test or if you’re driving a high-risk vehicle such as a HGV. The penalties in these circumstances can be much more severe, including an unlimited fine, additional penalty points and even disqualification from driving.
Vehicle Seizure and Destruction
The police can seize an uninsured vehicle. If you can’t provide car insurance details within seven days of receiving a notice the police can have your vehicle wheel clamped or, in extreme circumstances, your car may be destroyed. This adds significant inconvenience and financial burden as retrieving an impounded vehicle is not always covered by your insurance policy.
Licence Revoked
If you fail to insure your car, are convicted and have been driving for less than two years, you may lose your licence and be required to re-sit your driving test.
Defences
In some cases, while you may be technically guilty of an offence, some circumstances or special reasons may apply that support your defence.
Genuine Belief of Insurance
One defence is having a genuine belief you or the car were insured to drive. This could be if someone (e.g. an employer or family member) told you you were covered when in fact you weren’t. In this case, you can respond to the notice of prosecution and explain your situation in court.
Administrative Errors
Sometimes administrative errors or misunderstandings can lead to a charge of driving without insurance. If you missed a policy renewal or were confused about your cover you may be able to argue it was an honest mistake. However, ignorance is not usually a valid defence and it’s your responsibility to make sure you have valid insurance.
Statutory Off-Road Notification (SORN)
If your vehicle is off the road and you’ve declared it as a SORN you don’t need insurance. However, under this rule, also known as ‘continuous insurance enforcement,’ the vehicle must be kept off public roads or public land, e.g. in a garage or on private land or private estates. If you are found driving or parking it on a public road or any public place with public access you’ll be liable for prosecution.
How a Motoring Solicitor Can Help
Expert Legal Advice
Motoring law can be complex. If you’re facing charges for driving without insurance offence you need to get advice from a motoring solicitor, like #1 Motoring Solicitors. We can offer expert legal advice and guide you through the process so you understand your rights and options.
Building Your Defence
A motoring solicitor can help you build a defence by gathering evidence and presenting your case in the best possible way. If there was no criminal intent or it was an honest mistake they could argue for a reduction in charges or even for the charges to be dropped.
Court Representation
Having a solicitor represent you in court can make a big difference to your case. They can present your defence, negotiate with the CPS and aim to get the best outcome for you.
Conclusion
Without insurance, driving is illegal and can have severe consequences for your driving record and financial situation. Registered keepers and any other driver of your car should be properly insured at all times and understand the types of insurance available.
If you’re facing charges for driving without insurance get legal advice as soon as possible. Our team of motoring solicitors are here to defend your reputation and driving licence. Contact #1 Motoring Solicitors today.