Don't Despair If You Find Yourself Charged With No Insurance

Every driver has the responsibility to ensure that any vehicle that they take on the road is insured.  The law is very straight forward: if you on a highway or a place to which the public have access to, you must have a policy of insurance in place that covers as a minimum any damage to third parties.  If it is alleged that you have not complied with the law as set out under section 143 of the Road Traffic Act 1988 you will face a potential fine up to £5,000 and 6 points or even disqualification.

It is usually a straightforward matter of fact whether you have insurance at a particular point in time: either you have it or you do not.  There is no halfway house.  This means you are guilty of the offence if there is no policy in place at the relevant time.

However, do not despair.  There are situations where you may be able to avoid the mandatory penalty points or disqualification.  Whilst you remain technically guilty of the offence, you may be able to argue what is called ‘Special Reasons’ for not disqualifying you or endorsing your licence.

For instance, I successfully argued on behalf of a client at Colchester Magistrates’ Court that the justices should find special reasons because his insurance company had misled him.  Like many people these days, he organised his insurance on the internet.  This was his first insurance policy so had no need to declare any no claims bonus.  He ticked the box online stating he had zero no claims bonus.

However, they sent him an email requesting proof of his no claims.  He did reply.  They cancelled his policy without telling him for failing to declare his no claims.  The magistrates agreed that he had been misled and he paid no fine and kept his licence.

This is just an example of it in practice, but there are a whole host of potential arguments that can be put forward under this useful tool.

If you would like some advice regarding no insurance offences, then please get in contact for a FREE initial inquiry to discuss on  0843 886 2603 quoting reference: MARCUS CROSKELL.COM or EMAIL here.