Driving Without Insurance, Kilmarnock, 24 May 2018, Not Guilty
This case called for trial at Kilmarnock Justice of the Peace Court. The allegation was that our client drove his partner’s car while uninsured.
If you have been looking at our case results, you will have noticed that driving without insurance is a strict liability offence. The law is also somewhat controversial as it appears to be a case of “guilty until proven innocent”. However insurance policies and documentation can be misleading. If there is any ambiguity in the documentation about who is, or is not, insured then that is something that can be used by the defence. This does not necessarily only mean the documentation relating to the car in question but any other policies relating to the accused.
When our Mr Walker studied the insurance documentation in this case, he was able to identify ambiguities. Now, in this case, there was evidence that the insurance company did not consider our client to be insured. But the insurance company does not get to make that decision. An insurance policy is a contract between two parties – an insured person and the insurer. A contract is not necessarily void (i.e. cancelled as if it never existed in the 1st place) just because one party to the contract (in this case the insurer) says so. Mr Walker’s opinion was that the policy was only voidable (i.e. capable of being cancelled but, until that point, it remained in force).
This was a complex argument but it was successful. Our client was found Not Guilty.
This case was defended by Graham Walker on 24 May 2018