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Driving without insurance, Glasgow JP Court, August 2016

Our client was prosecuted for driving without insurance. The facts were that he was driving to collect his friend from the airport. He was driving his sister’s car. He was not a named driver on his sister’s policy. He did, however, have a trade policy. This policy allowed him to drive any car in the course of his business. Clearly he was not driving in the course of his business. However the policy also appeared him to drive any car for social and domestic purposes.

He explained that he had a trader’s policy to the police. The police issued him with a HORT1. Our client went into a police station within the required 7 days with his policy. The police officer who viewed the HORT1 did not read the entire policy and simply assumed that – as our client was not working – the policy did not cover him.

It was pointed out that, if he had read the policy in its entirety, he would have seen the clause which appeared to suggest that it covered our client to drive any car for social and domestic purposes. Without anyone from the insurance company to say otherwise (if that was indeed the case), our client was subsequently found Not Guilty after trial.