Car insurance is a 'hot topic' and the police seem increasingly keen to ensure that those who drive 'without insurance' are punished.  They are on the look out for 'offenders', particularly in the light of headline news of skyrocketing car insurance premiums. OUR BARRISTERS SPECIALISE IN THE COMPLEXITIES OF AVOIDING A 'NO INSURANCE' ALLEGATION OR THE IMPOSITION OF POINTS OR DRIVING BAN...

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But, beware...Car insurance law generally is a complex area particularly given that the police may well have got it wrong and, for instance, misconstrued a policy of insurance which actually covers the driver of the vehicle in question. What is needed is a careful analysis of any insurance document which the driver relies upon or, if there is not one, careful analysis of the law in order to determine any relevant defences or ways of avoiding points.

N.B. OUR BARRISTERS ARE EXPERTS IN THIS AREA OF WORK!

If a driver was in fact on the road without insurance, then that person and any person who caused or permitted the driver to be so is usually guilty of an offence. One major exception to this is if you were acting in the course of employment and the other relevant criteria under section 143(3) of the Road Traffic Act 1988. In this regard, there is often case law which needs to be brought to the court's attention in this regard, particularly given that it is entirely down to the driver (i.e. not the prosecution) to prove their case to the satisfaction of the Magistrates.

Overall, the trouble with this offence is that it is generally 'strict liability' with limited and technical ways of defending it and carries a minimum of six points, which can easily put a driver close to or over the 12 penalty point threshold and so give the Magistrates on the occasion that 12 points has been reached, no option but to ban the driver for a minimum of six months, a year or two years, depending upon the driver's driving history.

Even if 'guilty' of this offence, in certain circumstances it is still possible to avoid the imposition of points by arguing 'special reasons' in clearly defined and special circumstances.  This requires a careful analysis of the law and facts and presentation of these to the Magistrates.  This is one area that we would particularly advise that the use of our specialist barristers can assist you both prior to and during any such hearing.   A court will need careful persuasion and explanation as to why points should not be imposed in particular given that the court cannot impose less than 6 points - it either imposes all of the points or none at all. 

This 'all or nothing' situation means that you have to get it right first time. So please contact us if you are alleged to have been driving without insurance.  Our barristers have a particular skill and ability in this area of work.

Penalty:               Minimum 6-8 points
                             Discretionary Disqualification.