You must have at least third-party insurance to drive a motor vehicle on the roads of England and Wales. The purpose of the insurance is to protect other people should you cause an accident that injures other people or damages their property.
The law on motoring insurance can be very technical and complex. For example, if you hold insurance that covers you for social, domestic, pleasure and commuting but you tell a police officer you are driving for business to a place other than your normal work place you may find yourself charged with no insurance as your policy would not cover that journey. Situations also arise where somebody at an insurance company tells a police officer that the company would not honour the insurance policy – this happens for all sorts of reasons – and the police then charge you with having no insurance. The question then becomes whether the policy was void or merely voidable at the time you drove. The difference will mean that in one case you have a defence, in the other you are guilty.
Courts take driving without insurance very seriously because of the risk that if another person was injured they would struggle to recover compensation that might be needed for their recuperation and/or care in future thus placing the burden onto the state.
The court will decide how serious they believe an offence is before passing sentence. An offence will be serious if you do not hold a driving licence, particularly if you have never passed a test, if you gave false details to avoid prosecution, if you were driving a large commercial vehicle, if you were being paid to drive or if there is evidence of “sustained uninsured use”. In those cases, the court will disqualify you from driving for up to 12 months and impose a fine. In less serious cases you can receive 8 penalty points and a fine. There is no limit to how high the fine can be!
Because this area of law is complex and technical it is important that you take legal advice from a solicitor with expertise in and experience of defending accusations of driving without insurance - a solicitor like us!
By involving a specialist motoring law solicitor as early as possible you give yourself the best possible chance of winning your case, whether that means avoiding convicition, keeping your driving licence or simply minimising the consequences of a guilty plea. We can help you however you decide to deal with your case.
The sooner you get in touch the sooner we can get to work on your case.
Don't delay, call one of our expert motoring specliast solicitors now on 020 8242 4440 or visit our contact page to send us an email.
EN was charged with driving while disqualified and driving without insurance. He accepted that he had been disqualified, explaining that he only drove as he was worried about the COVID-19 pandemic and the health of his wife and new born child so drove to minimise contact with others. He explained that he did have insurance as that had never been cancelled when he was disqualified.
EN was acquitted of driving without insurance when Nick Diable persuaded the court that the insurance remained valid despite the insurer being unaware that EN had been disqualifed from driving. A costs order was made in EN's favour.
It was great to see you yesterday and i was also very please with the way you acted in court.
You are a wonderful solicitor i will recommend to anyone who ask for.
PL was charged with driving without insurance. He said he had bought the car the day before and had been told by the dealer that he would have three-days complementary insurance through them to drive.
PL was represented in court by Nick Diable who persuaded the District Judge that PL had done everything he should have done and the fact he had no insurance was not his fault. Nick relied on past cases from the High Court to persuade the Judge who accepted Nick's argument. She found that there was a special reason for not imposing penalty points on PL's driving record and not imposing a fine on him. PL received an absolute discharge.