Driving without Insurance

Driving without insurance in the UK is subject to penalties ranging from fines to possible driving disqualifications. In order to avoid this, drivers are asked to observe the legal minimum third-party insurance requirements. 

If you were involved in an accident that caused damage or injury, you will be asked to provide your identification details. However, if you do not have insurance, our driving offence solicitors in London can provide you with information and assistance on how to proceed further. 

Read below some of the most commonly asked questions about uninsured driving in the UK, and reach out to us if you have any more questions or require specialized legal assistance. 

What are the penalties for uninsured drivers?

Our driving offence solicitors list the penalties for uninsured drivers below:

• a fixed fine: this is a 300£ fine if you are caught by the police while driving uninsured;
• penalty points: alternatively, if the police catch you driving uninsured, you could receive 6 penalty points;
• an unlimited fine: this applies if the case goes to court; our solicitors can assist you in this case;
• disqualification: if the case does go to court, you could be disqualified from driving; this ban lasts between 6 months and 2 years, depending on whether or not you get more penalty points within a certain period. 

Quick facts
Governing law	Road Traffic Act 1988, Section 143
Penalties for uninsured drivers	GBP 300 and 6 penalty points
Court-issued penalties	– unlimited fine, – driving disqualification
Vehicle seizure	Police may seize or even destroy uninsured vehicles.
Defence against charges	The vehicle didn’t belong to you; The vehicle was used for work purposes; You were unaware the vehicle was uninsured.
Insurance exemptions	– invalid carriages, – SORN-registered vehicles, – scrapped or stolen vehicles, – registered ”in trade” vehicles
Seven-day notice	After being stopped by police, you legally have up to seven days to provide them with a valid insurance certificate.
Checking if vehicle is insured	Our driving solicitors can help you check if you are insured.
Consequences of being convicted of driving without insurance	You receive an IN10 endorsement on your license; The endorsement remains on your record for four years.
Mandatory insurance for test-driving or parked cars (YES/NO)	YES
Statutory Off-Road Notice (SORN)	A declaration informing the Driver and Vehicle Licensing Agency (DVLA) that the vehicle is not being used or kept on a public road; Insurance is not mandatory in this case.
Victims of uninsured drivers	Our motoring solicitors can help victims of uninsured drivers (hit-and-run accidents, injuries, property damages, etc.)
What an insurance policy must cover	– liability for death or injury, – liability for property damage, – liability for emergency treatment, etc.
Operation Tutelage – characteristics	A national initiative where police send letters to uninsured vehicle owners spotted on the road; If you have incorrectly received a letter, you can contact our driving offence solicitors.
How can our driving solicitors help	– legal advice, – court representation, – negotiations with insurance companies and prosecutors, – reviewing evidence, – appealing, etc.
Driving without insurance in the EU	Is a complex issue that can lead to serious penalties. Consult our motoring solicitors for assistance if you are in this situation.
Permitting someone else to drive your vehicle without insurance	Is an offence with the same penalty as if you were driving the vehicle.
Defenses against permitting someone to drive your vehicle without insurance	Prove that the driver had valid insurance to drive the vehicle; Demonstrate no permission was given; Prove that you required the driver to have insurance.
Driving without insurance on private roads	Defining public from private places can be complex and requires legal expertise from our driving offence solicitors.
Loosing license for driving uninsured	For drivers who have had a license for less than 2 years; For drivers with 6 or more penalty points on their license.
Reclaiming vehicle after police seizure	Only if you provide proof of valid insurance
Reporting uninsured vehicles	Directly to the local police
Driving uninsured to MOT (periodic motor vehicle inspection)	You still must have valid insurance
Types of vehicles that need insurance	– cars, – motorcycles, – vans, – lorries, etc.
Authorization of insurer	by the Motor Insurers’ Bureau
Compulsory insurance for public service vehicles (YES/NO)	NO
Insurance coverage for driving other vehicles	Comprehensive Insurance with “Driving Other Cars” (DOC) Cover
When to contact our team	As soon as possible after being caught driving uninsured.
Where to contact our team	You can contact our driving solicitors in London.
Why choose our driving solicitors	– specialization in driving offences, – personalized services, – full support, – accessible costs, – transparency, etc.

The police have the power to seize the vehicle that has been driven uninsured. In some cases, the police can also decide to destroy the said vehicle.

The penalty can still apply if the vehicle itself is insured, but the driver is not correctly insured to drive.

When a driver is disqualified for 56 days or more, he needs to apply for a new license in order to be able to drive again. In some cases, one can apply to reduce the disqualification period after 2 years of the said disqualification was for less than 4 and for half the disqualification period if it was for at least 4 but under 10 years.

Our team of driving solicitors can give you more information on driving without insurance and the compensation that can be awarded to victims of uninsured drivers.

What are the main rules for vehicle insurance in England and Wales?

In England, Wales, and Scotland, motor insurance for vehicles that are used on roads and public places is mandatory. Those that are not used in this manner are declared as kept off the road (for example, those that are kept in a garage). Failure to comply with the regulations can result in a fixed penalty of 100£, a court prosecution with a maximum fine of 1,000£, or the vehicle being destroyed or impounded. 

The registered keeper of the car is the one to receive the penalty, even if he or she was not the one driving the car. The insurance will still be payable on top of any fines received for this offence. 

The minimum requirement is to have at least third-party insurance when driving a vehicle on a road or in a public place. This type of insurance covers the driver in case of an accident that results in damage or injury to another person, animal, or property. It is useful to note that this type of insurance will not cover the costs related to repairing your own vehicle. Most drivers use an insurance broker in the UK.

Our team of driving solicitors can give you more information on the applicable regulations, the penalties for uninsured drivers, as well as the powers of the police. 

Are there any exceptions concerning uninsured vehicles?

A motor trader’s exception is in place for those vehicles that are registered as “in trade” with the Driver and Vehicle Licensing Agency (DVLA). This means that the vehicle is not subject to continuous insurance, however, for this to be possible, the said vehicle needs to be used for the specified purposes.

The rules for vehicle insurance in Northern Ireland are different from those applicable in England, Wales, and Scotland. We recommend seeking out information on the types of insurance coverage before driving a vehicle in this area. 

Our driving solicitors can give you complete information on motor insurance and liability in case of accidents. We can help you understand how the insurance will protect you in case of injuries caused to people or damage to their property. Moreover, we can help you with complete counsel and legal advice, and representation in those situations in which you were caught driving without insurance. 

We invite you to watch a video on driving uninsured:

Is an uninsured vehicle always subject to verification in the UK?

The short answer to this question is yes. You don’t have to be driving an uninsured vehicle to be caught by the authorities and penalised for driving without insurance in the UK.

Regular checks are being performed under the Continuous Insurance Enforcement policies put in place by the Motor Insurers’ Bureau. What this means is that the authorities are constantly comparing their records against one another to keep an updated register of the uninsured vehicles in the country.

If you own a car that is not declared “off the road”, you are subject to penalties even if you are not driving it, and thus risk being caught. Our driving offence solicitors in the UK can give you more information on how the authorities enforce the ongoing rules for having vehicles insured.

We remind car owners in the UK that the Continuous Insurance Enforcement policy applies in addition to the police’s powers to seize unfit vehicles that are caught on the road.

If the police caught you driving without insurance, you will have to pay £150 just to have it released, in addition to the other penalties mentioned above by our motoring offence solicitors in the UK.

How is a vehicle taken off the road so that it is not subject to insurance in the UK?

Declaring that your vehicle is “off the road” is the only way in which you can keep a car on private property without having it insured in the UK. What this means is that you will be keeping the car in a garage and will not be using it, at least not for the time being.

Registering a UK vehicle as being “off the road” is often also referred to as being SORN, as this acronym stands for “Statutory Off Road Notification”.

Once you inform the DVLA that you will be taking your car off the road (and apply for a SORN), you become eligible for a tax refund if this is available in your case. However, you will not be able to drive your vehicle again until you pay the tax.

The SORN enters into force when:

• You apply for it with the DVLA;
• Your vehicle tax expired.

The SORN starts on the first day of the next month if you apply for it during the last month in which you have paid your vehicle tax. The application can be submitted online, and it can be assisted by our local team of driving solicitors in London. For this, you will have to provide the 11-digit number that can be found in your vehicle’s log book and other information.

You can also apply for a SORN if the vehicle is not registered in your name, however, you will have to file a special form in this case. Our team can give you more details.

Victims of uninsured drivers

Our team of driving solicitors can also assist those who were the victims of an uninsured driver, a hit-and-run type of accident. Seeking expert legal advice in these cases is important, and our team knows how to address the situation and help you claim compensation from the Motor Insurers’ Bureau, among other steps that will help you receive fair treatment following the unjust event.

It should be noted that the Motor Insurers’ Bureau is a non-profit company that enters into agreements with the Government, all for the purpose of compensating the victims of motor accidents. Some of the actions with which the Bureau can assist, while you are legally represented by one of our solicitors, include compensation for the victims of uninsured or untraced drivers as well as operating the Green Card System, an initiative that allows victims of foreign-registered vehicles to receive fair treatment.

Making a claim for an accident with a foreign-registered vehicle can seem daunting, however, there are steps that you can take if you were a victim. Moreover, when working with our solicitors, you will be able to find out more about the Green Card (the international proof of insurance) and use our legal aid to have the representative of the foreign driver deal with your claim. When the accident in which you were involved was with a foreign-registered lorry, it is advisable to make a reasonable effort to write down the registration numbers on the front and the back of the lorry.

Working with our solicitors who specialize in driving without insurance and/or claims for foreign-registered vehicles is recommended, as you will need to properly fill in a form and take all the steps necessary to allow for timely submission. It is also recommended to start working on your claim and refrain from any delay in submitting the claim while you are waiting for more information. Our solicitor will attempt to obtain as much information as possible after the accident and will start submitting the paper claim form as well as communicate with the Motor Insurers’ Bureau as soon as possible, all in your best interest and to allow for a timely processing of your case.

Any submitted claim will include an investigation phase where the facts are determined, along with independent reports, police reports, and other documents. In some cases, the victim is also required to provide more details. One should expect a main time of approximately three months to receive a compensation payment, however, this timescale can differ.

If you were driving an uninsured vehicle or were an uninsured driver at the time an accident took place (with one or more victims) we invite you to reach out to our driving offence solicitors as soon as possible after the event so that you may benefit from legal counsel and will be able to understand your duties, responsibilities, and rights. Seeking legal advice and representation is recommended, especially in those cases in which the victim claims compensation.

Operation Tutelage

Operation Tutelage is a national effort to reduce uninsured driving in the UK. When a vehicle is observed on the road and the verification performed with the motor insurance database shows that it is not insured, the registered owner receives a letter that will remind them to insure the vehicle or sort any issues that may be in place with the respective insurance.

A driving offence solicitor from our team can help answer your questions if you believe that a letter you have received from Operation Tutelage is incorrect. The first step, in this case, would be to contact your insurance company and see if there is any issue with the insurance/check if it is in place. However, if your car was not driven on the date indicated in the letter, our solicitors can help you address the authorities. The same applies if you no longer own the said vehicle.

According to a set of statistics from the Department of Transport, motor vehicle offences that involve license and insurance are not as numerous as speeding or other offence types. Below, our motoring offence solicitors highlight some of the data for recent years:

• In 2018, there were 382,000 offences involving license, insurance, and record keeping;
• In 2017, this number was lower, at 364,000 offences; 
• By comparison, in 2018, there were 2,295,000 offences involving speeding.

Are you in need of legal guidance concerning an insurance offence? Please contact our driving offence solicitors for complete information on how we can assist you.