Driving Without Insurance
IN10 defence including 'special reasons' and reasonable belief.
Driving without insurance is an IN10 endorsement offence that carries six to eight penalty points and a fine. For drivers who already have points on their licence, an IN10 conviction can push them over the twelve-point threshold for a totting up disqualification. It can also have a significant long-term impact on insurance premiums. BW Solicitors provides expert private defence for driving without insurance charges across Ilford and London, and has experience in arguing special reasons to avoid the mandatory penalty points.
Important Notice
The Offence and Its Consequences
Section 143 of the Road Traffic Act 1988 makes it an offence to use, cause or permit the use of a vehicle on a road without a policy of insurance in force. The offence is one of strict liability — meaning that it is no defence to say that you did not know you were uninsured, although such a belief may be relevant to a special reasons argument. The minimum penalty on conviction is six penalty points and a fine, though the court also has the power to disqualify.
- Six to eight penalty points (mandatory, unless special reasons found)
- Fine — calculated by reference to weekly income
- Court has discretion to disqualify as an alternative to points
- An IN10 on your licence will significantly increase future insurance premiums
- Vehicle may be seized by the police if uninsured
- Possible totting up disqualification if existing points on the licence
Possible Defences
Although driving without insurance is an offence of strict liability, there are circumstances in which a defence may be available. These include situations where the defendant had a genuine and reasonable belief that they were insured — for example, where a policy was incorrectly cancelled without notice, or where the defendant was permitted to drive by a policy they did not hold. The exact scope of any available defence will depend on the specific facts of the case.
- Genuine belief that the vehicle was insured — challenging strict liability in exceptional circumstances
- Policy cancelled without the defendant's knowledge
- Driving under a permitted user clause the defendant reasonably believed was in force
- The vehicle was not being used on a public road
- The statutory defence under Section 143(3) for employees driving for their employer
Special Reasons
Even where there is no outright defence, it may be possible to argue special reasons to avoid the mandatory endorsement of penalty points. Special reasons must be circumstances relating specifically to the commission of the offence — not general personal mitigation. A common example is where the defendant drove only a very short distance in a genuine emergency. Our solicitors will assess whether a special reasons argument is viable in your case.
Why Choose BW Solicitors?
An IN10 conviction can have serious long-term consequences for your driving record and your insurance premiums. Our motoring solicitors will advise you clearly on all available defences and whether a special reasons argument is viable in your circumstances. We serve clients across Ilford, East London and Greater London.