Insurance Offences

A badly drafted insurance document is not your fault

"A genuine and honest belief based upon reasonable grounds should afford a special reasons defence."
Tom Jarvis | Road Traffic Specialist

It is an offence for you to use or for you to allow another person to use a motor vehicle on a road or public place if you do not hold an insurance policy which insures you against third party risk.

It is essential that the Prosecution prove that you had use of a vehicle on a road or public place otherwise they will not be able to prove the case against you. The Prosecution do not need to prove that the vehicle was being driven at the time; only that it was in use.

There are many defences available that we have used on many occasions to challenge the Prosecution case.

Special Reasons
Special reasons could include emergency situations or if you believed that you were insured to drive your vehicle. Your insurance broker may have told you that you were covered to drive a hire vehicle, for example, and if your genuine and honest belief were based upon reasonable grounds then this would be a special reason.

At Cunninghams we will carefully scrutinise the terms of conditions of your insurance policy. If the terms and conditions are ambiguous such that it would lead you to believe that you were insured to drive the vehicle or you permitted somebody else to drive the vehicle then this should also be a ‘special reason’ if the genuine and honest belief is based upon reasonable grounds.

Punishment for Insurance Offences
Six to eight penalty points or discretionary disqualification and a fine of up to £5000.

In our experience the best way to discuss and consider any defence of your case is to telephone us on our freephone number 0800 32 888 46. Our telephones are manned by driving defence experts throughout the day, evening and weekends including bank and public holidays.

If you wish to contact us via e-mail, please complete the online enquiry form and we will contact you immediately.

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