If you have used or allowed someone else to use your motor vehicle in a public place, without the minimum third party insurance cover, you may have committed an insurance offence. If you let someone drive your vehicle without such a policy in force, the penalty you would face is exactly the same as if you had been driving the vehicle yourself.

In order to bring a case against you, the prosecution simply have to prove that you had use of the motor vehicle on a public road or a place to which the public have access. This means that you do not actually have to be driving the vehicle therefore, if the vehicle is parked on a public road outside your house, it could still amount to an insurance offence.

Driving Without Insurance Defences

Defences to insurance offences do exist but, more commonly, special reasons are argued before the court at a hearing as a method of avoiding penalties.

A special reasons hearing is a legal procedure whereby a motorist can advance a set of circumstances in efforts to avoid a disqualification or penalty points. For example, where a motorist is accused of driving with no insurance but had a genuine and honestly held belief that insurance was in place, they would be able to argue that this amounted to a special reason not to impose penalty points, albeit in circumstances where they are guilty of the offence. Other examples of special reasons accepted by the court can include medical emergencies or being in fear of your personal safety.

What are the penalties?

The punishment for driving without insurance or allowing your vehicle to be used by an uninsured driver is 6 to 8 penalty points and a fine of up to £5,000. In serious cases the courts have the discretion to disqualify you from driving.

For a no-obligation discussion about your case please contact David Seligman on 0800 1444 111, or email him at davidseligman@cmsolicitors.co.uk. Alternatively, please complete our online form and one of our criminal defence lawyers will be in touch with you within 24 hours.