What Happens if You're Caught Driving Without Car Insurance?

Car insurance is your legal and financial protection on the road. It's illegal to drive without an insurance policy as it covers costs if you injure someone or damage their property.

Typically, insurance offences are charged in one of two ways - by being pulled over and given a Fixed Penalty Notice (‘FPN’), or by being sent an FPN through the mail. In most cases, you will be given time to respond to your charge, but if the original reason you were pulled over was due to committing another offence, your circumstances may be different and you may be arrested. Either way, you should seek advice from a legal professional as soon as possible.

Being caught driving without insurance is considered a serious offence by UK courts, and there are a number of steps you must take to ensure you comply with your obligations as a driver. In the following guide, JMW explains what you can expect to happen if you find yourself in this situation.

What are Penalties for Driving Without Car Insurance?

The authorities take insurance offences seriously. If caught, the consequences can be far-reaching, affecting your finances, driving record, and even your freedom in serious cases. Here's a breakdown of the penalties you might face:

• Fines: if stopped by the police and found without insurance, you will typically be issued an FPN including a £300 fine.
• Penalty points: the six penalty points issued with an FPN can have a ripple effect. New drivers, for instance, could have their licence revoked if they accumulate six or more points within two years of passing their test. For seasoned drivers, accumulating 12 or more points within a three-year period can lead to disqualification.
• Endorsement: a conviction will result in your licence being endorsed with an IN10 conviction code. This endorsement will remain on your licence for four years, but you'll need to disclose it to insurers for five years, which can impact insurance quotes.

As well as the direct penalties that you can incur from your offence, there are also a number of consequences that may arise due to having the offence detailed on your licence and depending on how you handle the situation.

• Compensation costs: if you're involved in an accident while uninsured, you may have to cover the cost of damages and medical bills for other parties involved. This can run into thousands, if not tens of thousands of pounds, depending on the severity of the accident.
• Vehicle seizure: police officers have the authority to seize, and in some cases, destroy the vehicle of an uninsured driver. To reclaim your vehicle, you'll need to present proof of insurance and may also be subject to towing and storage fees.
• Increased premiums: a conviction for driving without insurance will almost certainly increase your future insurance premiums. Insurance providers view individuals with motoring convictions as high-risk drivers, and this is reflected in their policy costs.
• Court penalties: If you choose not to pay the FPN or if the case is more severe, you may be summoned to court. Here, the potential fines are unlimited, depending on the court's decision. Moreover, the court has the discretion to disqualify you from driving.
• Reapplication for a licence: in situations where a licence is revoked, you might need to reapply after serving the disqualification period. This might mean retaking both the theory and practical driving tests.

Penalties for Being Involved In an Accident While Uninsured

An accident on the road is distressing enough on its own. When coupled with the absence of valid insurance, the situation escalates from unfortunate, to legally and financially catastrophic. Driving uninsured and being involved in an accident amplifies the consequences, given that insurance is fundamentally meant to cover such unforeseen events. Here’s what you might face if you're involved in an accident without insurance:

• Personal liability: without insurance, you're directly responsible for all damages resulting from the accident. This can range from minor vehicle repairs to significant property damage or even medical expenses if individuals were injured.
• Increased fines: on top of any fines for driving uninsured, causing an accident can lead to steeper penalties as you're not just endangering yourself but others as well.
• Civil lawsuits: the other parties involved in the accident can sue you for damages. This means you could be responsible for legal fees, repair costs, medical bills, and even compensation for pain, suffering or loss of earnings.
• Criminal record: depending on the severity of the accident and the subsequent legal proceedings, you might end up with a criminal record, which can impact many aspects of your life, including employment prospects.
• Long-term financial implications: beyond immediate costs, there could be ongoing financial repercussions, especially if you're paying off damages in instalments or covering long-term medical costs for others.

How Do the Police Verify Your Insurance?

The police use the Motor Insurance Database (‘MID’), a central record of all insured vehicles in the UK, to keep track of drivers who are due to renew their insurance, or to find cars that are not insured. Combined with the police's Automated Number Plate Recognition (‘ANPR’) cameras that are strategically placed on many roads, it is easy for them to flag uninsured vehicles.

Officers can also conduct on-the-spot checks, especially if they have reason to suspect a vehicle might be uninsured. This could be due to the driver's behaviour on the road.

On rare occasions, the police might directly contact insurance companies to verify a driver's insurance status, especially if there's a discrepancy or uncertainty regarding the data on the MID.

What Happens If Your Insurance Runs Out?

If your insurance expires and you don’t renew it, you’re technically uninsured. While owning an uninsured vehicle is not illegal, any driving without a valid insurance policy is illegal. If you plan to take your car off the road, inform the DVLA and obtain a Statutory Off-Road Notification (SORN).

If you don’t notify your insurance provider of your intentions to stop paying your insurance, this can adversely affect your credit score, which might influence future financial transactions, like loan applications or credit card approvals.

What Should You Do if You Are Caught Driving Without Insurance?

Being caught without valid car insurance can be stressful. If you find yourself in this situation, here's a step-by-step guide on what to do:

1. Stay calm and cooperative: always remain calm and be respectful to the police officers. Answer their questions honestly, as failing to do so or being combative can exacerbate the situation.
2. Acknowledge the offence: if you genuinely don't have insurance, it's advisable to acknowledge the offence. Attempting to deceive the police or offer excuses can result in more severe consequences. However, consider that any acceptance of your fault may be used against you if you later decide to dispute the offence.
3. Secure your vehicle: if the police decide to seize your uninsured car due to lack of insurance, ensure it's left in a secure location and retrieve any personal belongings. You'll typically need to provide proof of insurance and pay fees to reclaim your vehicle.
4. Seek legal advice: before accepting any penalties or attending court, it is essential that you seek legal advice. Expert solicitors like those at JMW can guide you through the process and advise on potential defences or ways to minimise penalties.
5. Attend court if required: some cases might result in a court summons. Make sure you attend any court dates punctually and with legal representation.
6. Pay any fines promptly: if you're issued an FPN or fined in court, ensure you pay within the specified period to avoid further sanctions.
7. Secure valid insurance: before driving again, ensure you have secured valid car insurance.
8. Consider driver rehabilitation courses: in some cases, drivers caught without insurance may be offered a driver rehabilitation course as an alternative to some penalties. These courses aim to educate drivers on the risks and consequences of uninsured driving.

Insurance is a legal obligation, a financial safeguard and a symbol of responsible driving. The risks of neglecting it are vast, spanning from financial strain to legal repercussions.

Should you ever find yourself facing motoring offence charges, seek advice from JMW. Our team is equipped to guide you through any aspect of dealing with an insurance offence. We regularly assist uninsured drivers to navigate these issues, and our team will offer you the best advice to protect your driving licence.

To learn more, call us today on 0345 872 6666, or fill out an online contact form to arrange a time for us to call you back.