Insurance

When should I notify my insurance company of a motoring conviction? Can I wait until my current insurance policy is due for renewal?

Your obligation is to advise your insurance company as soon as you are aware of a potential prosecution. If you are convicted, you should advise them immediately. Failure to do so can result in the policy being declared void and thus any claim could be rejected, regardless of whether it relates to the conviction.

I was caught by the Police driving without supervision on a provisional licence. What penalty do I face?

The normal allegation would be driving “otherwise in accordance with your licene” (offence code LC20) which is punishable with 3-6 penalty points and a fine. However, this offence would also mean that any insurance in place would be automatically void. Consequently, the Police will probably prosecute for that offence as well which carries 6-8 points and a fine. Individually, or combined, these offences could result in a discretionary disqualification.

I was caught driving without insurance. I was unaware at the time that my bank had cancelled my direct debit because there was not enough money in my account. The insurers did not contact me, nor did the bank. If I had known that the Policy was cancelled, I would never have driven. I have been told that I can present a special reasons defence in Court. Is this true?

Special reasons is not a defence. It is a facility that the Court can use to avoid imposing an endorsement on your driving licence. In order to be successful, the Defendant needs to establish mitigating or extenuating circumstances which whilst not amounting to a defence, are such that when taken into consideration, justify not imposing a punishment. The reason must relate to the Defendant not to the allegation. Forgetting to cover a direct debit would not be regarded as an extenuating circumstance, given that this is within your control and the onus is upon you as a driver to be certain that your insurance is effective before you use your vehicle.

Your best option is to plead mitigation and try to limit the punishment to 6 penalty points.

I was stopped by the Police and I was shocked to find out that I was driving uninsured. Apparently my insurance Policy expired a week ago, but my insurance company failed to inform me. What can I do as this was an innocent mistake on my behalf as I would never knowingly drive with no insurance?

You will be convicted of the offence.  There is an absolute requirement for vehicles to be insured and the obligation puts the onus on the driver and keeper of the vehicle.  Whilst the error would not have occurred deliberately, the circumstances amount to mitigation, not a defence.  The potential punishment is a fine plus 6-8 penalty points or a driving ban. 

Whilst you have our sympathy in what is becoming an increasing problem, the difficulty is, although you have been let down by your insurers, that does not negate your obligation.