DEFINITION
You will commit an offence if you use, or to let another person use, a motor vehicle on a road or public place which does not have in force in respect of it an insurance policy which at the very least insures against third party risks and which complies with section 143 of the Road Traffic Act 1988.
DO NOT FORGET that one can be convicted of an insurance offence, even if they are not driving. One of the most common offences is allowing another person to use your own vehicle whilst uninsured.
PENALTIES
6–8 penalty points plus a fine, although in certain circumstances, an instant ban will be imposed. The fine, which is means tested, can be up to £5,000.
The extent of the sentence will depend to an extent upon whether the court believes that the offence was not committed deliberately and possibly without your knowledge.
DEFENCES
Driving Without Insurance is an absolute offence which means that you either had insurance or you didn't. The only statutory defence avaliable is the employee defence.
However, we have sucessfully argued that one should not receive a ban or penalty points when there are special reasons which apply. This could include, for example, that the insurance company had cancelled your insurance without notifying you.
