Using A Vehicle Without Insurance

Driving without valid car insurance is illegal. It is a strict liability offence. Even if the vehicle itself is insured, you could still be guilty of committing a No Insurance offence, if you’re not correctly insured to drive it.

The prosecution only needs to prove that you were using a motor vehicle and were on a public road when the alleged offence occurred.

"A person must not use a motor vehicle on a road or other public place unless there is in force in relation to the use of that vehicle by that person... a policy of insurance s.143(1)(a) RTA 1988.

The Insurance Policy must be issued by an Authorised Insurer and must insure for death or bodily injury to any person, or damage to property, caused by, or arising out of, the use of a vehicle on a road, this is called Third Party Insurance.

A statutory defence is provided in relation to a driver who unwittingly drives his employer's uninsured vehicle (section 143(3) RTA).

There are also offences of causing or permitting the uninsured use of a vehicle, which are equally serious offences. 

The Police have access to Insurance Databases and Number Plate Recognition Cameras, so they’ll know whether a car is insured or not. 

If you’re stopped and asked to present your Insurance Documents, and you don’t have them on you at the time your stopped, you’ll be given seven days to produce an up-to-date Insurance Certificate to the Police; you are expected to be able to make your policy documentation available. It has to be valid Insurance Certificate covering the time you were stopped; it cannot be backdated. The burden is on you to prove that you were insured at the time you were driving. 

The penalties for uninsured drivers are severe. The police could issue you with a Fixed Penalty Ticket of £300 and 6 penalty points if you’re caught driving a vehicle whilst uninsured.

If the case is referred to court, you could receive an unlimited fine and penalty points or even face being disqualified from driving. 

Further, the police also have the power to seize, and in some cases, destroy the vehicle that’s being driven uninsured. Depending on the circumstances, you may also be liable for any costs associated with an accident and your future Insurance Premiums may increase.

Sometimes it may be possible to argue that ‘Special Reasons’ exist for reducing the severity of your punishment. Whilst you may be technically guilty of driving without insurance, there may be mitigating or extenuating circumstances, relevant to the offence, which the court should consider when sentencing you.

For example, you may have held a genuine and honest reason to believe that you were insured; your insurance provider may have cancelled your policy without notifying you, or; the vehicle owner or policyholder, informed you that could drive their vehicle legally.

If you are facing the prospect of being accused of committing a No Insurance offence and would like to discuss and find out what your options are, then please do not hesitate to contact Simon at Collingham Chambers, who will be able to advise you accordingly.