Insurance Offences - Cunninghams Solicitors

A badly drafted insurance document is not your fault

“A genuine and honest belief based upon reasonable grounds should afford a special reasons defence.”
Paul Turner | 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.

With our experience we are best placed to discuss and consider any potential 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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Driving without Car Insurance

Under UK law, the Road Traffic Act (1988) ensures that should one motorist injure another person, that person's property, themselves or their own property, they will have insurance to cover the cost of any damage. Vehicle insurance ultimately allows a qualified driver to drive a vehicle in public places and roads, and it is an offence if you are caught driving a car without insurance that does not have at least third party cover.

Driving without car insurance is against the law, and anyone caught driving with no insurance can have six to eight penalty points on their licence, a discretionary disqualification and a fine of up to five-thousand pounds. If you are caught driving a car without insurance you may also be required to retake your driving test.

The chances are you may have been caught driving with no insurance as the cost of motor vehicle insurance is so expensive, and if this is the case then it may be best to purchase third party only car insurance as this is the cheapest method of vehicle insurance available.

If you are caught driving with no insurance and authorities have issued a penalty for driving with no insurance, the police have the ability to impound the car and sometimes destroy it. Any impounded vehicle cannot be retrieved by the driver until the fixed penalty fine has been paid, and it can only be retrieved by the registered owner.

However, there may be mitigating circumstances for driving a car with no insurance due to an emergency situation, or you may be under the impression that you are driving a car with insurance. If you are caught driving with no insurance it may be best for you to seek legal representation, and we at Cunninghams can ensure that if you have extenuating circumstances when you were driving without car insurance, we can prove to the magistrates that this was a special circumstance and you are unlikely to commit such an offence again.

If you already have points on your licence, a driving with no car insurance claim can ultimately lead to a penalty for driving with no insurance that results in the loss of your licence. It is vital for you to seek a professional representation firm that specialises in driving without car insurance cases.

The Right Solicitors

We at Cunninghams are specialists in the field of motor vehicle criminal cases such as driving with no car insurance, so if you have been caught driving with no car insurance then you should consult us. We will review your driving with no car insurance case and plan the appropriate tactic to dispute the charges against a driving with no car insurance offence. We have dealt with many successful cases and endeavour to add you to our list of successes.

As we are motor vehicle solicitors, we know how to analyse your old insurance policy if you believed you were still insured when caught driving with insurance. If you believed you were not breaking the law when driving with no insurance, we are the people to help argue your case. We will challenge the prosecution's case with the appropriate evidence at our disposal and argue your reasoning for driving a car without insurance.