Driving without insurance
Driving without insurance means using a motor vehicle on a road or other public place without at least third-party insurance covering you for that use. It also covers causing or permitting someone else to drive uninsured, such as lending your car to a friend who is not covered.
Law checked as at 25 September 2026. Legal information only, not legal advice, and not a prediction of any sentence.
At a glance
| Also known as | No insurance, Using a vehicle uninsured, IN10 |
|---|---|
| The law | Road Traffic Act 1988, section 143 |
| Where it is tried | summary only. Driving without insurance is dealt with in the magistrates' court, often through the single justice procedure. |
| Maximum penalty | An unlimited fine and 6 to 8 penalty points, or a discretionary driving ban. It is not imprisonable. Police can instead offer a fixed penalty of £300 and 6 points. Police also have power to seize the vehicle, which can be destroyed if not reclaimed with valid insurance. |
| Sentencing guideline | No insurance (Revised 2017) |
Maximum penalties are the most a court can impose for the worst cases. Most sentences are far lower, and the actual sentence depends on the facts, any guilty plea and the court's assessment.
What the prosecution must prove
- The defendant used, or caused or permitted another person to use, a motor vehicle.
- The use was on a road or other public place.
- There was no policy of insurance in force covering that person's use of the vehicle, as required by Part 6 of the Road Traffic Act 1988.
- It is a strict liability offence: once use is proved, the driver must produce evidence of valid insurance, and an honest mistake about cover is not normally a defence.
Defences and common issues
- Valid insurance was in force for that use, for example under a policy or extension covering you to drive that vehicle for that purpose.
- Employee defence: the vehicle was not yours or hired or lent to you, you were using it in the course of your employment, and you neither knew nor had reason to believe it was uninsured (s.143(3)).
- The place was not a road or public place, or you were not using the vehicle.
- Special reasons, such as being genuinely misled by someone else into believing you were covered, may allow the court not to endorse points even though you are guilty.
Frequently asked questions
What is the penalty for driving without insurance?
Police can give you a fixed penalty of £300 and 6 penalty points. If the case goes to court, the magistrates can impose an unlimited fine and 6 to 8 points, or ban you from driving. Driving without insurance is not an imprisonable offence on its own. Police can also seize the vehicle, and it may be destroyed if nobody reclaims it with proof of insurance and pays the charges. Uninsured drivers remain personally liable for any damage or injury they cause.
Am I uninsured if my policy doesn't cover what I was using the car for?
You can be. Insurance must cover the particular use you were making of the vehicle, not just the vehicle itself. For example, a social, domestic and pleasure policy may not cover food delivery, commuting or business use, and a 'driving other cars' extension may be limited or absent. If the policy did not cover that use at the time, you may be treated as uninsured even though you had a policy. Your insurer's certificate and schedule show what is covered.
I genuinely thought I was insured. Is that a defence?
Usually not. Driving without insurance is a strict liability offence, so an honest mistake about your cover does not normally stop you being guilty. There is a limited statutory defence for employees driving their employer's vehicle for work who had no reason to think it was uninsured. However, if you were genuinely misled, for example by someone telling you that you were covered, the court may find special reasons and decide not to add penalty points, even though you are convicted.
Can the police take my car if I'm not insured?
Yes. Police have powers under the Road Traffic Act 1988 to seize a vehicle being driven without insurance. To get it back you usually have to show valid insurance and pay release and storage fees, and if it is not claimed within the set period it can be disposed of or destroyed. Separately, the registered keeper of a vehicle that is not insured and has not been declared off the road can be fined under the continuous insurance enforcement rules.
How long do points for no insurance stay on my licence?
Penalty points for driving without insurance, recorded with the code IN10, stay on your driving licence record for 4 years from the date of the offence. They count towards totting-up for 3 years, so reaching 12 points in that period normally leads to a ban of at least 6 months. Insurers commonly ask about these convictions and often increase premiums. Drivers within 2 years of passing their test will lose their licence, because 6 points reaches the new-driver limit.
Work out your penalty points, totting-up and ban risk.
Penalty points calculator →Official sources
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