Driving Without Insurance Solicitors

Driving without valid motor insurance carries mandatory penalty points, a fine, and in some cases a driving ban.

Drivers are often caught out when a policy has lapsed and renewal has been overlooked, or another person was responsible for arranging the insurance. The offence is committed simply by driving without valid cover. It makes no difference if a driver believed they were insured or relied on someone else to organise the policy.

For many drivers, the real risk is reaching 12 or more penalty points and facing disqualification under the totting up rules.

Fixed Penalty or Court Proceedings

If it is the first time you have driven without insurance, the usual outcome is a fixed penalty of £300 and six penalty points. However, drivers may instead receive a court summons under the Single Justice Procedure if they already have points on their licence. Previous motoring convictions can also mean that a fixed penalty is not offered.

In some cases, a fixed penalty is initially offered but, once processed, the matter is referred to court because the driver’s existing points place them at risk of disqualification.

Can Penalty Points Be Avoided? (Special Reasons)

In a small number of circumstances, it is possible to argue ‘special reasons’ and ask the court not to impose any penalty points.

Special reasons are not a defence in law to driving without insurance. They are extenuating circumstances, directly connected to the commission of the offence, which would make it unfair to impose penalty points.

• Being led to believe by someone else that insurance was in place
• Insurance being unexpectedly cancelled by an insurance company

Totting Up and Exceptional Hardship

If 6 penalty points are imposed for driving without insurance, the key issue is often whether this takes the driver to 12 points or more within a 3 year period. This triggers a minimum six month disqualification under the totting up rules.

The only way to avoid a totting ban is to make an exceptional hardship application to the court. The application requires a high threshold, showing that the hardship goes beyond the ordinary difficulties many people will face when losing their licence. Often the emphasis is on the impact on others rather than simply on the driver.

Examples may include:

• Loss of employment where driving is integral to the role
• Financial hardship affecting dependants
• Medical or caring responsibilities that depend on the ability to drive
• Impact on employees or a business

You can read more about this in our Exceptional Hardship service page.

How we can help

The starting point of our service is to arrange an initial meeting, which can be either virtual or in person depending on your preference. This allows us to review any documents and discuss the full background and circumstances of your case.

We will then provide clear advice on the best course of action, including whether there is a viable ‘special reasons’ argument.

If you need to make an exceptional hardship application to avoid the mandatory driving ban, we specialise in preparing these applications to the highest possible standard, giving you the best possible chance of success.