Being caught driving without insurance can be easily done if you lose track of when your insurance is due for renewal, or if you found the insurance process confusing and accidentally applied for the wrong type. However, driving without car insurance carries some serious penalties, and it is easy for the police to find out if you are breaking the law in this capacity.

Therefore, understanding what to do in the event of being caught driving without insurance will help you to navigate the situation calmly and with the best chance of a positive outcome.

In the following guide, the expert motoring law solicitors at JMW explain what you should do if you are caught without car insurance and what you can expect to happen if you are prosecuted for the offence.

How does car insurance work?

By law, you are required to be insured on your car with the correct insurance plan before you can drive legally on UK roads. Car insurance is necessary so that, if you are involved in an accident and cause damage to another driver's vehicle, the insurance company will provide the other driver with a payout to cover any repairs they require.

Paying for repairs to a vehicle can be expensive, and car insurance is a legal requirement for road users, partly to help avoid any individual having to cover the expenses of the damage personally. Instead, by making regular payments in line with an insurance plan, you can drive legally in the UK and with the confidence that you will have financial cover in the event of an accident.

There are limitations to insurance, however. Insurance providers usually have defined terms and conditions stipulating what they are willing to help you with. If the accident was blatantly your fault, for example driving dangerously, they may not provide you with the compensation to cover your  costs and repairs for the vehicle. You should ensure you understand your agreement with your insurance provider, and do everything you can to drive within the limits of the law to ensure that you have the best chance of being covered by your insurance.

Depending on your agreement, your insurance policy will renew automatically and your payments will continue as normal. However, sometimes you will be required to renew it manually. Make sure you are aware of your responsibilities relating to this and are prepared for your renewal date - if you have one - so you do not run the risk of driving without insurance.

What are the penalties for driving without insurance?

If you are caught driving without insurance, you can expect the possible penalties to be serious:

• An unlimited fine
• Between six and eight points on your driving licence
• A disqualification
• The seizing of your vehicle

The severity of your penalties will depend on the context of your offence. For example, if you have been driving without insurance for a long time, you may be penalised more heavily. Alternatively, if you have a good record of paying your insurance and have not committed any other motoring offences, your penalties may be less severe.

The costs of being charged with a motoring offence go beyond your legal penalties, however; if you lose the ability to drive, you may lose out on employment opportunities or the ability to support people who rely on you.

What happens when you are caught driving without insurance?

The police use special equipment for scanning car licence plates that allows them to quickly understand whether your vehicle is road-legal. If you are caught driving without insurance, you may receive a fixed penalty notice (FPN) through the mail, or you may be pulled over by the police and given one. This will detail your offence and your penalties, which you will be expected to accept when you return your FPN. Alternatively, you can refuse your penalties by filling in the other side of the FPN, but if you do so you should expect to have to present a defence for your case in court.

In some cases, a driving without insurance offence may be a consequence of another motoring offence, such as being pulled over for careless driving, or being involved in an accident that leads to your lack of insurance being reported. In these circumstances, you may expect to be taken to the police station, or simply be given a court summons date;you can request to speak to a legal professional if this happens.

Can I defend myself if caught driving without insurance?

If you are charged with any sort of motoring offence, you should speak to an expert motoring offences solicitor as soon as you are able to. Motoring law is highly complex and, while it is possible to represent yourself in court, you should avoid doing this under any circumstances. A motoring law solicitor will be able to assess your situation and recommend the best steps to give you the best chances of reducing or removing your penalties. Our team has decades of experience in defending uninsured driver cases and will use our in-depth knowledge of the law and its developments to formulate a number of strategies when it comes to doing so.

In some cases, it may be better to accept your penalties rather than attempt to defend against them. This is because disputing a motoring offence charge and failing can lead to even more severe penalties. Our team will be able to advise you on this and help you to make the best decision.

If you refuse your charges, you will have a period of time to gather evidence to support your defence. We will use this time to identify the best strategy for your defence and assess what information the police are planning to submit in the court hearing - which the police are required to inform all parties of.

During your court date, both parties will take turns presenting evidence. We will represent you, but you will be required to attend your court date.

The whole process can take upwards of a year to resolve. This is because the police can attempt to charge you for driving without insurance up to 6 months after your offence. If you are also being charged for other motoring offences, this may take even longer, so it is essential that you communicate with a professional solicitor to ensure you are prepared for your court date.

What mitigating circumstances might help me avoid a penalty?

In rare cases where you may have been misled regarding the details of your insurance policy, you may be able to argue for mitigating circumstances, also known as 'special reasons'.

A common mitigating circumstances argument may be applicable to your situation if you drive for an employer who was responsible for arranging your insurance. If the insurance provider misled them or did not provide them with all the details of your insurance, and it resulted in your vehicle having the wrong type of insurance cover, you may be able to have your penalties reduced or removed entirely.

Mitigating circumstances are rare, and your solicitor will inform you as to whether any may apply to your situation.

Talk to Us

If you have been charged for driving an uninsured vehicle, speak to our team of experienced motoring law solicitors as soon as possible. We will help you to understand your situation and provide expert legal advice on what you should do next.

To speak to us today, call us on 0345 872 6666 or fill out an online contact form, and we will return your call at a time convenient for you.