Can You Drive Someone Else's Vehicle With Comprehensive Insurance?
Many people accused of driving with no insurance believed that they were insured at the time. Some people think that just because they have comprehensive insurance they are allowed to drive someone else’s vehicle, but this is not always the case as it will depend upon the terms of that particular insurance policy. Thinking that you were insured, never mind how strongly, is not a defence because driving without insurance is a strict liability offence.
Special Defence To Driving With No Insurance For Employees
Unlike many criminal allegations, in relation to driving with no insurance the onus is on the defendant to prove, on the balance of probabilities, that they were insured.
There is a special defence for employees, if at the time of the offence, the employee;
(1) was using a vehicle belonging to the business in the course of their employment,
(2) they believed the business had insurance for them to drive the vehicle.
If both these elements apply then they have a defence if they were found to be driving without insurance.
When Philip Hatvany, our specialist motoring law solicitor, is using this defence, he will always see if the employer in question is prepared to give evidence on behalf of the client. However, sometimes such a person can be reluctant to do this because there would then be the risk of that employer being pursued for a separate offence of permitting the employee to drive without insurance.
Permitting Someone To Drive Without Insurance
If you let someone drive your vehicle and it turns out that they are not insured to do so, then you are guilty of this offence. This offence attracts the same penalty as if you were the person driving; this being 6 to 8 penalty points or a disqualification.
The courts appreciate that even though someone may technically be guilty of using a vehicle with no insurance, or permitting someone to drive with no insurance, this may not be their fault. If this is found to be the case then a “special reason” will have been found and the court does not have to impose penalty points or disqualify. Examples of special reasons that our specialist solicitor, Mr Hatvany, has argued before at the Magistrates Court include;
- The insurance company cancelled the insurance policy without telling the driver, and the driver then drove not knowing that they weren’t insured.
- An adolescent relied upon their parents assurance that they were allowed to drive their vehicle even though this turned out to be incorrect.
These are only a couple of examples and Mr Hatvany has put forward numerous other special reason arguments.
When arguing special reasons, you will need to give your evidence on oath. Also, it will be helpful if documentation or witnesses are used to bolster the argument. As careful preparation is necessary, a specialist solicitor should be consulted.
Why You Should Contact Speeding Law Solicitors If You Face An Allegation Of Driving Without Insurance
If you face such an allegation, contact us. Even if the Magistrates Court is lenient in their sentencing and imposes penalty points rather than disqualifying you outright, this could lead to you accumulating 12 penalty points or more and being disqualified anyway. But this time the disqualification would have to normally be for at least 6 months unless exceptional hardship is successfully argued. In such circumstances, Mr Hatvany, our specialist solicitor, is very skilled at arguing exceptional hardship and thereby avoiding such disqualifications. His success rate for this is over a 94% average over the last 8 years, and is the envy of other solicitors.
Mr Hatvany is a well travelled solicitor and regularly attends Coventry, Birmingham, Oxford, Southampton, Bristol, Bath, Reading, Portsmouth and Cardiff Magistrates' Courts. He also often visits Magistrates Courts in London. Even if your case is further afield, we can still help you. Mr Hatvany would still meticulously prepare your case and would then use one of our experienced barristers, from our select pool, located throughout England and Wales, to represent you at the hearing under his supervision.
Mr Hatvany is a very thorough solicitor and will always see first if a defence to an allegation of driving with no insurance is available. He is almost always successful at fighting such allegations, however the law here is very technical and very careful preparation is always necessary. Call Philip Hatvany now for a FREE telephone consultation on FREEPHONE 0800 909 8110.
Causing Death By Driving Whilst Uninsured
In order to secure a conviction for causing death while driving without insurance the prosecution have to prove that there was some connection between the driving of the uninsured driver and the death of an individual. Following the judgement of the Supreme Court in the case of R v Hughes (2013) the standard of driving is relevant. There has to be “some act or omission in the control of the car which involves some element of fault and which contributes in some more than minimal way to the death of the individual”.
The Penalty For Causing Death By Driving Whilst Uninsured
This offence can be dealt with in the Magistrates Court and the Crown Court. The maximum prison sentence in the Magistrates Court is 6 months. The maximum prison sentence in the Crown Court is 2 years. Irrespective of whichever court you are sentenced in, a disqualification of a minimum of 12 months has to be imposed.
Why You Should Contact Speeding Law Solicitors If You Face An Allegation Of Causing Death Whilst Driving Uninsured
This is a very serious offence but there are a number of defences which may very well be available. Our leading motoring law specialist solicitor, Philip Hatvany, is very skilled at dealing with matters of this type. If you face such an allegation therefore please telephone him now for a FREE consultation on FREEPHONE 0800 909 8110.