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    • With Farage back in the news, here's a reminder of his interview with Claire Byrne on Irish TV a few years ago.  
    • So, why do DVLA (via that leaflet) say 1) that S.88 MAY allow a driver to be treated as if they have a valid licence (after an application that discloses a medical condition) AND   2) before DVLA have reached their licensing decision ? (Since S.88 ceases to apply once they have reached a decision to grant or refuse a licence)
    • Thanks for that, Bazza. It sheds some more light on things but I’m still by no means sure of the OP’s father’s likelihood of successfully defending the charge. This in particular from the guidance stands out me: He does not meet all the s88 criteria. S88 is clear and unambiguous: It makes no provision for either the driver or a medical professional to make a judgement on his fitness to drive under s88. S92(4) and the June 2013 guidance you mention defines in what circumstances the SoS must issue a licence. It does no modify s88 in any way. However, delving further I have noticed that the DVLA provides a service where the driver can enter a relevant medical condition to obtain the correct documentation to apply for a licence: https://www.gov.uk/health-conditions-and-driving/find-condition-online I haven’t followed this through because I don’ have the answers that the OP’s father would give to the questions they will ask and in any case it requires the input of personal information and I don’t want to cause complications with my driving licence. It is possible, however, that the end result (apart from providing the necessary forms) is a “Yes/No” answer to whether the driver can continue to drive (courtesy of s88). With that in mind, I should think at  the very least the OP’s father should have completed that process but there is no mention that he has. The Sleep Apnoea Trust gives some useful guidance on driving and SA: https://sleep-apnoea-trust.org/driving-and-sleep-apnoea/detailed-guidance-to-uk-drivers-with-sleep-apnoea/ I know nothing about SA at all and found It interesting to learn that there are various “grades” of the condition. But the significant thing which struck me is that it is only the least trivial version that does not require a driver to report his condition to the DVLA. But more significant than that is that the SA Trust makes no mention of continuing to drive once the condition has been reported. The danger here is that the court will simply deconstruct s88 and reach the same conclusion that I have. I accept, having looked at the DVLA guidance, that there may be (as far as they are concerned) scope for s88 to apply contrary to the conditions stated in the legislation. Firstly, we don’ know whether there is and secondly we don’t know whether the OP’s father would qualify to take advantage of it. Of course he could argue that he need no have reported his condition. The SA trust certainly emphasises that the condition should not be reported until a formal detailed diagnosis is obtained. But the fact is he did report it. As soon as he does that, as far as I can see,  s88 is no longer available to him. Certainly as it stands I maintain my opinion that he was not allowed to continue driving under s88. The only way I would change this is to see the end result of the DVLA exercise I mentioned above. If that said he could continue driving he would have a defence to the charge. Without it I am not confident.  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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non contact accident


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Please bear with me first accident in well over 10 years.

 

Coming out of a junction last night saw a moped with no lights at last moment, so stopped.

The moped skidded and fell over.

The rider stated if it hadn't been raining he would have stopped okay.

 

He said he was okay, but we exchanged telephone numbers and parted ways, and he said he would call as it only looked superficial.

 

I'm not sure if he wants to pursue a claim,

do I report it to my insurance now,

or wait until he contacts to see what he wants to do.

 

Realised today that even though there was no contact and he fell due braking sharply in the rain,

could be seen as a non contact accident.

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I would expect you would both suffer severely if your relevant ins co's got wind of it.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Not sure that's helpful, but having had a read of some of the thread stickies I aim to phone my insurance tomorrow, irrespective of whether the guy calls me or not. Then at least if something happens later at least they are aware of it and I can refer them to my insurance.

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and still get hammered by increased premiums...

regardless to if it goes anywhere...

 

 

what are you afraid of

are you guilty

did you do something wrong?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Not sure that's helpful, but having had a read of some of the thread stickies I aim to phone my insurance tomorrow, irrespective of whether the guy calls me or not. Then at least if something happens later at least they are aware of it and I can refer them to my insurance.

 

If you read the terms of your policy it tells you to report all incidents, where a claim might be made. Then you have protection of the Insurance if the moped rider decided to claim.

 

Just make sure, it is recorded as an incident and not a claim event. At the moment you are not expecting any claim to be made.

 

Yes your Insurance premiums might be affected for a few years, even if no claim is ever made. This is why a lot of people don't report to Insurers, because they are unhappy paying extra premiums in these situations, when the Insurers never paid anything out in a claim. Given you pulled out of a junction and a moped rider crashed, on balance you might decide to report, as the rider may have suffered an injury not noted at the time.

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I'm sure that many policies state collision.

 

What happened in your case was a bloke fell off his moped in sight of you.

 

TBH a moped ridden without lights on a wet road probably doesnt have insurance and possibly not registered to the rider either!

 

I wouldnt have even exchanged details but would have told him that he would get reported for riding without lights and hope that he gets done for riding without due care etc as well.

 

doing what appears to be the right thing always creates more trouble.

 

I had an increase in my premiums this year for a non-event 3 years ago that for some reason an ex-insurer has now decided to pay out on without bothering to inform me.

 

they also actually put on the database that it was my wife involved so doubly unhappy

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Thanks for the replies.

My insurance said they normally only record collisions as claims, but as it was a moped there is higher likelihood of a claim so opened one as notification only, and will be closed if no claim comes forth.

 

That said if he hasn't contacted me in 3 days, then most likely he won't, but at least should there be some form of retrospective injury claim in the next 3 years I have notified my insurance.

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Thanks for the replies.

My insurance said they normally only record collisions as claims, but as it was a moped there is higher likelihood of a claim so opened one as notification only, and will be closed if no claim comes forth.

 

That said if he hasn't contacted me in 3 days, then most likely he won't, but at least should there be some form of retrospective injury claim in the next 3 years I have notified my insurance.

 

 

Not strictly true.

You need to clarify exactly how the incident occurrd.

For example

Were you turning out of a junction onto the major road and the moped was on the major road?

Forget the no lights on for the moment

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In my experience once you tell your insurance about any possible future claim or near miss like in this case, they stick it on their database as a notification.

 

This will need to be declared when renewing insurance and of course will pump the price up.

 

The op didn't have any choice really, because if he hadn't reported this "incident" and the biker had made a claim, he would have suffered the insurance finger pointing for not reporting it.

 

This industry needs to be regulated as a matter of urgency.

The scale needle is leaning dangerously in favour of insurance at the moment and consumers are forced to fight them unnecessarily even when they clearly make mistakes.

 

One thing I never understood, everywhere in Europe you insure the car and anyone with a valid licence can drive it, in UK you have to declare who will drive it.

 

Surely some drivers are more at risk than others, but when my insurance tells me that they are increasing the premium because other drivers make lots of claims, where's my reward for driving carefully?

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There is always a decision to be made, whether you advise Insurers of an incident.

I would say the main factor is whether a third party could have been injured.

If this is a possibility, always report to your Insurers, even if you think you had no responsibility.

 

 

Reason for this, is that a third party might describe an accident in a way that is not accurate,

but if you don't have CCTV/dashcam or independent witness statements,

then it is very difficult to dispute.

Insurers might accept the third party claim.

 

UK Insurers are regulated. Consumers are not educated enough and don't take enough interest until they need to make a claim.

 

I agree that vehicles should be Insured for third party risks, possibly as part of the vehicle tax system. Then if people want to, they can take out further Insurance to cover what they want e.g fire, vehicle damage, legal cover.

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Is it more insurance company will see the side of the third party and settle rather than the insured party and fight it?

 

This might be my first "incident" in over a decade, but seriously considering getting a front & back dash cam, just in case.

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I fitted dashcams in both my cars after my wife was hit by a guy paying attention to his dreams rather than the road.

He then declared to his insurance that he wasn't at the scene of the accident, but how did he know we were going to contact his insurance?

It took almost two years to sort out, a dashcam would have shown exactly what had happened.

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Dashcams will become standard manufacturers installed features at some point. And if this happens, then you can bet Insurers will start asking for recordings for every accident event, even when it is unhelpful to their policyholder.

 

Interesting issue for Government and ICO to think about in regard to Data Protection.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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if you had passed the white junction give way line into the road then stopped...you need to be very careful here regardless to the no lights issue

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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