I Caused My Brother To Drive Without Insurance

Question:

My brother is a named driver on my insurance. He drove another vehicle which he was not insured.

Before he entered the vehicle I assured him that we had full comprehensive cover on the other vehicle, which allowed us to drive other vehicles.

I feel I am responsible as I mislead him as he drove the other vehicle with full knowledge that he was insured to drive.

Can he plead special reasons?

Paula Says:

Yes I think he had a strong special reasons argument if you can convince the court that it was reasonable for him to take your advice.

Is he a new driver? Has he got any points already? Tell me more.

Would you like my help him with this matter – we may be able to get the CPS to withdraw the case on the basis that there was no criminality on his part.

We succeed with these arguments 75% of the time so we have good prospects. You have to be aware that there is a small chance they will accuse you of causing him to drive without insurance. When did the offence occur? Have you got a hearing date yet?

If he is going to argue special reasons he needs to reject any fixed penalty offer.

Come back to me if you would like my help. I would charge a fixed fee to make the application in writing and guide him through the proceedings or an advocate fee to send an advocate to court with him. If we persuade the CPS to withdraw the case we should be able to get at least some of his legal fees back for him.