Insurance Offences

The law regarding vehicle insurance grows ever more complicated.  With continuous insurance requirements, SORN obligations and ANPR cameras assisting the police to flag up potential offenders in ever greater numbers, the need to keep your vehicle properly insured is clear.  Some current motor policies are not as comprehensive as they used to be, use of the vehicle for commuting may not form part of the policy.  Some people believe that their policy allows them to drive other people’s vehicles with their permission but that is sadly not the case with many current insurance policies.

Kellocks have significant experience representing people facing these types of allegations and can also assist in putting forward special reasons to avoid disqualifications from driving.

The Law

Section 143 Road Traffic Act 1988

Users of motor vehicles to be insured or secured against third party risks.

1. a) A person must not use a vehicle on a road or other public place unless there is in force in relation to the use of the vehicle by that person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act and;
2. b) A person must not cause or permit any other person to use a motor vehicle on a road or other public place unless there is in force in relation to the use of the vehicle by that other person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act.

If a person acts in contravention he is guilty of an offence.

What am I looking at?

Mandatory endorsement of driving licence of between 6 to 8 points but the Court also has the power to impose a discretionary disqualification from driving.  The maximum fine is £5,000.00.  Sentence guidelines say that the Court is to consider a disqualification of 6 to 12 months if there is evidence of sustained uninsured use or involvement in an accident.

Is Legal Aid available?

Very rarely.  It would be unusual for an allegation of driving without insurance to satisfy the “interest of justice” test but if it did in your case and you are financially eligible, Legal Aid could be available. If it is, we can provide representation at no cost to yourself at Court.

Contact us now and we can provide you with expert advice regarding Legal Aid eligibility or a fixed fee to provide representation