Driving Without Insurance

About Driving Without Insurance Offences

Driving without insurance cases typically begin with a Single Justice Procedure Notice. The case may not get to court if you are eligible for and accept a fixed penalty notice. The law requires drivers to have a minimum of third party vehicle insurance in place if you drive on a road or public place. A public place may include private land such as a car park. It will depend on whether the general public has access to the area.

The vehicle itself must be covered by an insurance policy even if you have fully-comprehensive cover on another vehicle.

If you’ve received a single justice procedure notice for driving without insurance, we can help you.

Driving without insurance carries a minimum of 6 points upon conviction.

If you are a New Driver and have passed your driving test less than 2 years ago, please get in touch before accepting a fixed penalty.

If you are not a new driver but are at risk of reaching 12 or more points within 3 years, speak to us.

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The Law on Motor Vehicle Insurance

Section 143 of the Road Traffic Act 1988 states that:
“A person must not 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 person such a policy of insurance.”
Driving without insurance is a strict liability offence. This means that the offence may be committed if you did not know that you weren’t covered by insurance.

If you would like to know more please contact us today.

What do the police have to prove in cases of driving without insurance?

The prosecution has to prove that:

  • You used a motor vehicle
  • on a road or other public place.

Once the above has been proven, you are required to show that you were covered by insurance.

Employees caught driving without insurance may have a special defence. Also, you may avoid your licence being endorsed with penalty points if you have a special reasons argument.

For more information please see our FAQs on no insurance offences below.

No Insurance Summary

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Legal Definition

No insurance, using a vehicle without insurance, causing or permitting the use of a vehicle without insurance

Main Legislation

Section 143 Road Traffic Act 1988

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Maximum Penalties

6-8 penalty points, or driving ban (no maximum but guidelines suggest up to 12 months)

Fine: Unlimited.

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Court

Magistrates only (unless an appeal).

Imprisonable? No.

Have you been charged with a Driving without Insurance offence?

Talk to us today about how we can help you with your driving offence.

Relevant Cases

Driving without insurance Offence FAQs

What do the police have to prove for causing death by dangerous driving?

The prosecution must prove that the driving was dangerous and that the defendant caused the death by driving dangerously.:

The Road Traffic Act 1988 provides that a person is to be regarded as driving dangerously if:

  • The way he drives falls far below what would be expected of a competent and careful driver, and
  • It would be obvious to a competent and careful driver that driving in that way would be dangerous.

The prosecution must also prove that the defendant caused the death of another person.

The law does not require that the defendant’s driving must be a significant or substantial cause of death.

The driving need not be the only cause of death. However, the driving must be a cause and it must be something more than a slight or trifling link. It is important to note that to be a cause of death in law, the driving must in some way be the actual cause of death, and not simply create an occasion for an accident.

What is the difference between causing death by dangerous and careless driving?

The distinction is primarily based upon the standard driving displayed. It is a matter of fact and degree.

The definition of careless driving (driving without due care and attention) is contained in section 3 of the Road Traffic Act 1988. It is:

“Driving in a manner that falls below what would be expected of a careful and competent driver.”

As can be seen from the definition, it is virtually identical to that of dangerous driving apart from the use of the word “below” in place of the words “far below”.

Are there any examples of causing death by dangerous driving?

Examples of dangerous driving include:

  • Aggressive driving (such as sudden lane changes or cutting into a line of vehicles) or racing or competitive driving or speed that is highly inappropriate for the prevailing road or traffic conditions
  • Disregard of traffic lights and other road signs which, on an objective analysis, would appear to be deliberate
  • Driving a vehicle knowing it has a dangerous defect or with a load which presents a danger to other road users
  • Using a hand-held mobile phone or other handheld electronic equipment when the driver was avoidably and dangerously distracted by that use
  • Driving when too tired to stay awake or where the driver is suffering from impaired ability such as having an arm or leg in plaster, or impaired eyesight.

Not all displays of driving will fall clearly the category of dangerous or careless driving, so you must seek advice well before entering your plea. You do not have to use the same solicitor who represented you at the police station, and in cases involving serious offences, it is often best to seek specialist motoring advice.

Are there any other ways to avoid penalty points?

Yes, you can avoid points and/or a ban if you have special reasons.

Special reasons are different from defences. It is like saying: “I drove without insurance, but I have a really good reason for it”.  You must have a very good reason as the courts are generally reluctant to find special reasons. If the court finds special reasons, the magistrates have the discretion not to impose penalty points.

Examples include:

  • The insurance company cancelled the insurance and didn’t inform the policyholder
  • Being told by a parent that they were insured to drive
  • Driving a very short distance – such as re-parking a car
  • Driving in an emergency

See our page on special reasons for more details.

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Asad Ahmed
Asad Ahmed
15:41 21 May 21
5* have dealt with lucy twice now! Very professional. Knows what shes doing! Would definitely recommend!
Bobby Charles
Bobby Charles
19:05 07 Feb 21
I have had an extremely positive experience with Lucy Whittaker. She is very knowledgeable, very proactive and always... explains things in a clear and precise.She was able to convince the court to drop a driving without due care charge despite the police and the CPS disareeing.I would hesitate to recommend Lucy and Pragma Law anyone who needs assistance.read more
harry bedder
harry bedder
15:53 16 Dec 20
Fantastic Service provided by Lucy, very profesional and quick at getting you answers and providing the help you might... need! I will definitly be recomening Pragma Law to anyone I know that has a motoring proplem please do the same...read more
Jobin Mathew Joseph
Jobin Mathew Joseph
18:11 25 Nov 20
Absolutely brilliant! 100 percent reliable! The case was related to driving matter and I had initially approached few... other solicitors for help with my case. They all denied saying we would not win the case. But Lucy happily took the case and help me win the case with the best possible outcome.She puts you at ease and confidence. Very responsive in your queries. She genuinely care for case and very pleasant to deal with. Always well prepared and wins you the best possible outcome. Very Very Strongly recommend. Thanks much Lucy.read more
Lewis Cobley
Lewis Cobley
11:12 05 Nov 20
I highly recommend Pragma Law for any motoring problem. They were very efficient and professional even with little time... to prepare.read more
A Google User
A Google User
14:30 04 Jul 20
What can I say about pragma law and Lucy whitaker, 1st class absolutely brilliant!!!. I had my licence revoked last... October due to vasovagal syncope (faint) from the word go Lucy was brilliant, and I only dealt with her, she explained everything, in every stage extremely professional in everything she does, and had my licence back. What a result!!! thank you so much Lucy.read more
hannah vanessa
hannah vanessa
15:45 15 Jun 20
I suffer with anxiety (as many) and this incident completely took over my life for months until I met Lucy. I was super... comfortable and confident in her work as she was very professional and was always available to help. Really helped take the stress away - thanks Lucy and thanks Pragma!read more
Wayne Davies
Wayne Davies
14:51 08 Jun 20
What can I say about pragma law and Lucy whitaker, 1st class absolutely brilliant!!!. I had my licence revoked last... October due to vasovagal syncope (faint) from the word go Lucy was brilliant, and I only dealt with her, she explained everything, in every stage extremely professional in everything she does, and had my licence back. What a result!!! thank you so much Lucy.read more
Rukhsar Latif
Rukhsar Latif
13:59 19 May 20
Lucy genuinly cares about her clients she took on my case dealt with everything herself and won my case I couldn't be... happier with the results and the service. I will definitely be using Pragma Law again if needs be.read more
Vicky Clarke
Vicky Clarke
20:16 03 Mar 20
I couldn't have hoped for a better solicitor. Lucy did everything she could to get the best possible outcome for me,... and I can't thank her enoughread more
Paul Mercer
Paul Mercer
17:19 31 Jan 20
Lucy Whitaker provided an impressive, cost effective service. She was objective, responded quickly to questions and, I... believe, offered the best advice before efficiently dealing with a case as it came to court.I would have no hesitation either in using Lucy again, should the need arise, or recommending her services.read more
Rebecca Hodkinson
Rebecca Hodkinson
16:33 19 Nov 19
Lucy represented me in a driving case and I couldn't be happier. She was friendly, professional and pragmatic without... giving me false hope. The outcome was a more positive one than I expected and that's down to her advice and detailed preparations. Would highly recommend! Thank you Lucy!read more
Gary Sykes
Gary Sykes
22:12 04 Oct 19
We were so impressed with Lucy Whitaker. She represented our son in an unusual driving case which thanks to her... knowledge, care & understanding, ended in a much better than expected outcome. Clear, concise & professional, we highly recommend her... can't thank her enough!!read more
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