Driving Without Insurance FAQs

Driving without insurance and the motoring laws that govern these offences can be confusing & complex. Below are commonly asked questions answered by an experienced motoring law solicitor.

Q: I have been prosecuted for driving my employer’s van without insurance. I assumed it was insured by my boss. Do I have a defence?

A: Almost certainly. You cannot be convicted if you were using his van in the course of your employment and neither knew nor had reason to believe that it was uninsured. This defence only applies in employment or commercial driving situations.

Q: I have been prosecuted for driving a friend’s car without insurance. My friend told me I was covered, but it turns out I wasn’t. Will I still get penalty points?

A: If you drive without insurance, there is usually no defence and the court has to impose at least six penalty points. However, you may be able to avoid points. You would have to show that you your friend misled you into thinking that you were insured. This is called a Special Reasons argument.

Q: I have been caught driving without insurance. The insurance company cancelled my insurance without telling me. Will I still get penalty points?

A: If you drive without insurance, there is usually no defence and the court has to impose at least six penalty points. However, you may be able to avoid points. You would have to show that the insurance was cancelled without your knowledge and that it was not your fault. This is called a Special Reasons argument.

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