Solicitors for Driving Without Insurance
The offence of Driving without Insurance is contained within Section 143 of the Road Traffic Act 1988.
General Rule for Vehicle Insurance
Subject to exceptions, Section 143 of the Road Traffic Act 1988 places an obligation upon every person that uses, causes or permits another person to use, a motor vehicle on a road or public place to have a policy of insurance in place to cover third party risk. It is crucial to highlight that the offence under Section 143 of the Road Traffic Act 1988 can occur if a person uses, causes or permits any other person to use the motor vehicle on a road while uninsured. If you drive a motor vehicle without a valid policy of insurance in place, you could be found guilty of driving without insurance. It is also important to note that if you permit someone to use a vehicle, knowing that they are uninsured, you will be guilty under Section 143 of the Road Traffic Act 1988. There is a legal principle know as ‘ignorance is no defence’ therefore attending Court and explaining that you thought you had renewed your insurance policy and you thought you were insured at the relevant time would not amount to a defence. If such arguments were accepted by the Court, the prosecution would struggle to secure a single conviction for this offence.
Social Domestic and Pleasure (SDP) Only Insurance Policies
Motorists are on occasions prosecuted for driving without insurance due to having the incorrect type of cover on their insurance policy. A motorist may have obtained a policy of insurance to use their vehicle for Social, Domestic and Pleasure (SDP) use however, it is important to understand that a SDP policy does not cover ‘Business Use’ or any form of business journey. As an example, a person caught making a ‘business journey’ whilst only having a policy of insurance only covering Social, Domestic and Pleasure (SDP) use will be guilty of driving without insurance, the reason is because that journey (the business journey) is not covered by the policy of insurance therefore, the person is driving without insurance (in respect of that journey). Care and attention should be taken when obtaining a policy of insurance to ensure that the policy purchased, is the right policy for your individual needs and requirements.
Venue for Driving Without Insurance
The offence of Driving without Insurance (No Insurance) is triable only summarily, which means that a trial or sentence hearing would only take place in the Magistrates’ Court.
Sentence for Driving Without Insurance
If a person is found guilty or pleads guilty to driving without insurance, the Magistrates’ Court has the power to impose a disqualification of up to 12 months, along with a Court fine and can impose Prosecution Costs. The sentence imposed by the Court will vary on a case by case basis and will be influenced by specific aggravating and mitigating factors. If you are facing a prosecution for driving without insurance, you should speak to one of our specialist motoring offences solicitor to see how we can assist.
Employee Defence for Driving Without Insurance
There is potentially a defence for employees using a vehicle during their employment who were unaware that the vehicle they were driving was uninsured. If a Defendant wishes to rely upon this defence, the onus will be upon the defendant to prove this fact to the Court. Understandably the Court will scrutinise each aspect of this defence. To present this defence properly to the Court and stand a chance of being successful, specialist legal representation should be sought as soon as possible so that the defence can be prepared and properly presented to the Court. Understandably the Court will be somewhat cautious when considering whether this defence is a valid one.
Why Choose Kang & Co Solicitors
If you are being investigated or prosecuted for driving without insurance or allowing (permitting) someone to drive your vehicle without insurance, you will need the assistance of our specialist team of motoring solicitors to help you defend allegations of driving without insurance or limit the damage of the sentence imposed by the Magistrates’ Court. At Kang & Co Solicitors, we have decades of experience providing invaluable legal advice and representation to clients by giving them the assistance they need to secure the best possible result. We will support you throughout your case and will keep you updated throughout.
Talk to Us
Contact our expert motoring law solicitors to find out more about how we can assist if you have been found driving without insurance. Our solicitors and barristers will talk you through your options and help you decide on the best course of action to take. Complete our online enquiry form at the bottom of the page and we will call you back at a convenient time or call 0345 222 9955 to speak to a specialist motoring law solicitor.
As a specialist driving offences law firm based in Birmingham, we are regularly instructed by clients living and working in Birmingham, Edgbaston, Harborne, Sutton Coldfield, Tamworth, Walsall, Solihull, Lichfield, Nuneaton, Leamington Spa and Coventry.
Kang & Co Solicitors Limited 1 Victoria Square Birmingham West Midlands B1 1BD
Useful Links – Gov.UK Driving Without Insurance
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