We are contacted often by people who are charged with driving without insurance.
Often, these people have had policies cancelled because monthly payments have not been made or documentation requested by the insurers has not been sent.
While these circumstances are unfortunate, they do not amount to a defence and in these circumstances, you would have to plead guilty.
The penalty for driving without insurance ranges from six points to a 12 month disqualification.
The key thing to be aware of, however, is that it is a defence if you were misled by someone into believing you had insurance.
In this scenario, you should not be convicted of the offence.
Take our client Ms P, for example. Ms P was added to her parents’ insurance policy after passing her driving test.
She was told by her father, who managed the household finances, that she was insured.
Actually, her father did not complete all of the necessary steps to add her to the insurance policy, and she was never insured.
As she was actively misled into believing that she was insured, she was able to plead not guilty to her charge of driving without insurance and this was successful.
Being misled is usually not malicious but is more often down to one person within a household managing payments and policies for all members of the family.
Remember: it’s not enough to assume you are insured. You are only not guilty if you were actively misled into believing you were.