Police vehicle and another car driving on a winding rural road.

Driving Without Insurance

Driving without insurance is a strict liability offence in the UK, meaning you can be convicted even if you had no intention or knowledge of wrongdoing. It is a legal requirement to have valid insurance if you use a vehicle on a road or other public place, including when it is parked on a public highway.

What Constitutes Driving Without Insurance?

Using a Vehicle: This includes driving or parking a vehicle on a public road or other public place without a policy of insurance covering at least third-party risks.
Permitting No Insurance: If you allow someone else to use your vehicle without ensuring they are insured, you may be guilty of permitting no insurance.
Strict Liability Offence: Because driving without insurance is a strict liability offence, the prosecution does not need to prove intent or knowledge. However, there are exceptions and potential defences. Seeking legal advice is essential if you are facing a prosecution for this offence.

What Are the Common Driving Without Insurance Scenarios?

Many people inadvertently drive without insurance, often under the mistaken belief they are covered. Examples include:

Mistaken belief of being insured: A spouse or partner may have failed to include you as a named driver on the policy.
Misunderstanding fully comprehensive cover: Some drivers assume their fully comprehensive policy includes third-party cover for other vehicles, which is not always the case.
Business use: Using a vehicle for work purposes (e.g. driving to appointments or between offices) without ensuring the policy covers business use can result in a prosecution.

Owner’s Responsibility

As the vehicle owner, you are responsible for ensuring that anyone using your vehicle is insured. If an uninsured driver uses your vehicle with your knowledge and permission, you could face a fine and 6 penalty points.

Special Reasons in Driving Without Insurance Cases

In some cases, it may be possible to argue special reasons to avoid penalty points. For example:

Genuine belief you were insured.
Being misled about the insurance status of the vehicle.
The Court can decide not to impose points if special reasons are proven.

What Are the Penalties for Driving Without Insurance?

Penalty points: 6 to 8 points on your licence.
Fines: A financial penalty based on the severity of the offence.
Disqualification: The Court may impose a driving ban, particularly if the vehicle was involved in an accident.

What Are Defences to Driving Without Insurance?

In some situations, you may have a defence, such as the "employee’s defence," which applies if:

The vehicle did not belong to you and was not in your possession under a hiring or loan agreement.
You were using the vehicle as part of your employment.
You neither knew nor had reason to believe the vehicle was uninsured.
This defence often applies to employees driving work vehicles without their knowledge of the insurance status.

How DJMS Solicitors Can Help?

If you or a loved one are facing a charge of driving without insurance, our expert solicitors can assess your case, identify any possible defences, and guide you through the legal process. We can also help argue ‘special reasons’ to minimise penalties or avoid them altogether.

Contact us for prompt, confidential expert legal advice and representation. We can guide you through the process, protect your rights, and work towards the best possible outcome. Our team has represented a wide range of private and professional motorists, including taxi and HGV drivers.

DJMS’ expert motor offence lawyers can represent you at the police station interview, even if you attend voluntarily. We can also advise on whether Legal Aid may be available to defend your case.