Police Misinterpret Car Insurance Policy Wording

A driver charged with using a vehicle without insurance sought our expert assistance. He would receive at least 6 points and a fine if convicted of the offence. Due to the number of points already on his licence, he would face a minimum 6-month disqualification as a result.

The Stop

A police officer decided to stop a vehicle, having claimed to detect the smell of cannabis emanating from it. The driver firmly denied any possession or consumption of cannabis, and a thorough search of the car yielded no illegal substances. Furthermore, the driver passed a roadside drug test with a negative result. The officer then inquired about the driver’s insurance policy. While it was acknowledged that a valid policy existed, the officer concluded that the driver was ‘commuting’ from work at the time of the stop, asserting that the insurance did not cover such use, and subsequently seized the vehicle.

The Defence

The driver retrieved his vehicle from the police impound using the same policy. However, he was later confronted with charges of using a vehicle without insurance and contacted us.

We know that some car insurance policies that cover social, domestic and pleasure may also cover driving to a single place of work. It is not always immediately clear what is covered, and even the insurance company may not give the correct information if a driver phones them to check what they can use their vehicle for.

We, therefore, requested a copy of his insurance policy to scrutinise the wording. Upon review, we found no explicit exclusion for commuting, indicating that the officer had misinterpreted the policy details. Consequently, we formally approached the police to request a reassessment of the charge. The police liaised with the insurance provider, who confirmed that the driver was covered for commuting purposes.

They agreed to withdraw the charge, thereby safeguarding the driver’s licence. It is imperative for drivers to fully understand their rights and the intricacies of their insurance policies. Many are unaware of the specific terms that could protect them from unjust charges. Our team is committed to guiding you through these complexities, ensuring that you receive fair treatment. Every driver deserves the opportunity to defend their case against unwarranted penalties. Should you find yourself in a similar situation, do not hesitate to contact us for professional advice and support.

Legal Advice for Motor Insurance Offences

If you are offered a fixed penalty for using a vehicle without insurance, and you accept it, you will receive 6 points and a fine of up to £300. You can always decline a fixed penalty if you want to challenge it, but this will usually mean it will be dealt with in court where the stakes are much higher.

If you plead guilty or are convicted by the court, you would face 6-8 penalty points or a discretionary disqualification.  The Sentencing Guidelines suggest the offence should also result in a Band C fine, which is 125-175% of your relevant weekly income. There is no limit to the fine the Court can impose.

For these reasons, getting quality legal advice from our expert driving insurance solicitors before you decline a fixed penalty will always be money well spent.

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