Driving Without Insurance
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Driving With No Insurance
It is a legal requirement to ensure that you are adequately insured whenever you drive a car on the road or other public area. A failure to do this could result in the issuance of a Fixed Penalty Notice or a summons to appear in court, and can carry a penalty of between 6 and 8 penalty points as well as a fine of up to £5,000. In the most serious cases, the court may disqualify you from driving, and while driving without insurance is a strict liability offence, you may be able to claim special reasons so that you would be found guilty of the offence but would not receive the usual penalty and fine.
It is important, whether you have special reasons or you are facing disqualification under the totting up procedure, that you have a qualified and experienced motoring law specialist to help you build and present your case to the courts.
A strict liability offence is one that you are either guilty of or not, there is no grey area. If you did not have insurance, even if you reasonably believed that you were covered by an insurance policy, then you will be found guilty of the offence by the court. Typically, this means that you will also receive the usual penalty of 6 to 8 points.
If you genuinely believed that you were insured and covered to drive, then you may be able to claim special reasons and avoid a penalty. Examples of this include young drivers who were told by their parents that they were insured to drive a car, or where an insurance company accidentally cancelled a policy or cancelled a policy without informing the driver of the cancellation. These are all considered to be reasonable grounds to claim special reasons, but it is the responsibility of you or your solicitor to prove that this was the case.
Driving without insurance is taken seriously, and if you believe that you are fully insured, the first you may know about the alleged offence is when you receive a Fixed Penalty Notice or a court summons. Police cameras and Automatic Number Plate Recognition cameras are used to automatically detect cars that are being driven without insurance, so you do not necessarily even need to be pulled over for committing this offence.