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What happens if you are caught driving without insurance?

Under England and Wales’ most recent road traffic laws, to operate any motor vehicle on the road or any other public place, you will need to have at third-party insurance. However, there are occasions when particular circumstances or oversights may lead to someone driving without insurance. At times, motorists are caught by the police driving a vehicle they think is insured when it is not.

Once the police stop you, they’ll require you to hand over your documents either at that point in time, or within 7 days. The insurance certificate you deliver must be valid at the time you were stopped. If you get caught driving without insurance, you may end up been fined, or be issued with a court summons for driving without insurance. At this point, it would be wise to consider expert help, most preferably a qualified motoring solicitor for your court summons. Caddick Davies can offer reliable legal assistance during such instances.


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Is driving without insurance an arrestable offence?

While it is a serious offence in the UK, driving without insurance is not an arrestable offence. Some cases are usually considered by the police to be genuine oversights, so while it is still an offence, they may simply fine you there and then and require you to correct your insurance issues before driving your vehicle again.

At times, you might end up going to court for driving without insurance, which is usually for more serious cases. It may be a relief to know that you cannot be imprisoned for the offence of driving without insurance, because this offence alone does not class as an imprisonable offence and will not appear on a criminal record. Obviously if you have committed other motoring offences at the same time, these may carry different penalties. It is always good to be thorough in these matters and ensure you do not drive without insurance.


What are the penalties for driving with no insurance?

The penalties for driving without insurance vary depending on certain conditions. You may be issued with a fixed penalty fine of £300, and up to 6 penalty points, by the police. Should the police find your case to be more severe, they might decide your case will be handled in court. Going to court for driving without insurance means you could receive a larger penalty, with potential for an unlimited fine, although it is not usually more than £5,000.

You will require an excellent motoring solicitor to provide detailed and reliable defence if your case is a serious one and it goes to court. It is important to know that police in England and Wales also have the power to seize a vehicle that is being driven without insurance and in certain cases destroy it, even if it doesn’t belong to you.

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Can you get banned from driving for driving with no insurance?

It is possible to be disqualified from driving for having no insurance. Mostly, it would be a driving without insurance court case that could lead to a ban from driving. While at Caddick Davies we offer defences for motoring offences, we of course always discourage these offences, whether through carelessness or disregard for the law. Lack of car insurance can impact both your safety and that of other motorists.

You could lose a job as a driver, or experience challenges commuting to work. Disqualification from driving impedes a range of regular business and everyday life activities. If you are going to court for driving without insurance, it would be a good decision to involve trusted motoring lawyers.

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Can someone not on your insurance driving your insured vehicle?

Family and friends may be able to borrow your vehicle, but you have to be careful when it comes to such cases. Anyone who is not covered by your insurance as a named driver should not drive your car, as it is against the law to do so. If they do, you will also be liable, even if you have a fully comprehensive policy.

It is your responsibility to make sure that anyone driving your vehicle has the required insurance. Even if someone may tell you that they are covered by a policy that allows them to drive your vehicle, you could still face penalties similar to those given for driving without insurance yourself. So be cautious, anyone not on your insurance definitely cannot drive your car. The only drivers allowed to drive your car are the ones shown on your insurance certificate as ‘permitted drivers’.


How do I find expert help with a driving without insurance charge?

If your case turns out to be serious, it may involve court summons. If you are going to court for driving without insurance, you will need expert help. In motoring courts across England and Wales, Caddick Davies can provide motoring solicitors who can assist you prepare and present defences to a driving without insurance charge. These experts can represent you in court, as reliable and specialist lawyers of respected standing.

Caddick Davies Solicitors is known a team of motoring solicitors dealing exclusively with motoring offences and offering legal assistance to those charged with driving without insurance across the UK. We have solicitors who are highly qualified and very experienced, working to get you the best possible outcome.

So, if you get a court summons for driving without insurance, please contact Caddick Davies today for expert legal advice and representation. You can reach us by phone on 03334 432 366 or use our website to request a callback or email us today. Our driving insurance offence solicitors will be swift and our legal services are reliable and competitively priced.

Specialist No Insurance Solicitor Representation

At Caddick Davies Solicitors we specialise in the representation of motorists charged with driving a vehicle with no insurance.

If you find yourself with a Fixed Penalty Notice or Court Summons for an offence of driving with no insurance and believe that you are insured, please contact us for advice and a no obligation consultation on how we can help.

Commonly Asked Questions about Driving a Vehicle with No Insurance

In many cases, the police may offer a Fixed Penalty Notice in the alternative to formal prosecution before the Magistrates’ Court. This Fixed Penalty Notice or FPN, will impose a penalty of £300.00 and endorse your driving licence with 6 penalty points.

If you wish to accept this offer, then you must simply surrender your driving licence within the specified period (usually 7 days) and make payment of the penalty within 28 days. Please note that if you do not comply with these requirements the offer may be withdrawn and you may be summonsed to appear before a Magistrates’ Court.

You should not accept a Fixed Penalty Notice if you do not accept that you have driven without insurance or you believe that you have “special reasons” such that a Magistrates’ Court may not endorse your licence with penalty points.

If you do not wish to accept the Fixed Penalty Notice then you may reject it simply by completing the rear of the notice and requesting a court hearing.

In the event that you have received a Fixed Penalty Notice for driving with no insurance, please contact us for advice and a no obligation consultation on how we can help you.

If you find yourself accused of driving with no insurance and facing a Fixed Penalty Notice or a Court Summons, then it will be for you to prove that you were insured.

It may be that you are covered under a motor traders policy, that you are covered on a third party basis on a different policy or that you have a policy cover of which the police are not aware.

Contact us for advice and a no obligation consultation on how we can help you.

In the age of automated systems, emails and with the changing practices of insurers, we have noticed that this is becoming an ever more common account.

In these circumstances, if you receive a Fixed Penalty Notice or are summonsed to appear before the Magistrates’ Court for driving without third party insurance, we can argue that your licence should not be endorsed with penalty points as there are “special reasons” in your case.

If you find yourself with a Fixed Penalty Notice or Court Summons for an offence of driving with no insurance and believe that you may have “special reasons”, please contact us for advice and a no obligation consultation on how we can help you.

This is a very good example of the type of case in which we may make application for “special reasons”. As the persons child has driven without insurance, they have technically committed the offence of driving without insurance, however it would seem very unfair if they were then to be fined and receive 6-8 penalty points.

In this kind of case we would argue that there are “special reasons” as the son clearly believed that he was insured to drive and that it was reasonable for him to rely on what he was told by his father. If successful, the son would not receive any points and we would also seek to persuade the court that it is unfair to impose a fine.

If you or a loved one find yourself with a Fixed Penalty Notice or Court Summons for an offence of driving with no insurance and believe that you may have “special reasons”, please contact us for advice and a no obligation consultation on how we can help you.

It is an offence if a person allows another person to drive their vehicle (or a vehicle over which they have control) without insurance. This is an offence even though you are not the person driving the vehicle.

This type of case may sometimes be defended on a factual basis e.g. I did not have control of the vehicle or I did not give permission, or on the type of permission given e.g. I only agreed for them to drive on the condition that they were insured.

In other cases we might abe able to argue “special reasons” in connection with the offence, as to why your licence should not be endorsed with points.

If you find yourself with a Fixed Penalty Notice or Court Summons for “causing or permitting” a person to drive without insurance, please contact us for advice and a no obligation consultation on how we can help you.

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