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Insurance Claim Legalities


kay_w1

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A young girl i work with was hit from behind last week whilst she was stationary at a roundabout.

 

The lad that hit her admitted full responsibility (he was messing with his CD player) and did visit her later to see if he could pay up without involving his insurance but she had already contacted hers,

 

she, and her passenger have both suffered whiplash and have been to the Doctors, who has confirmed this.

 

The problem is....she has received a claim form from his insurance reguesting details of the accident, and this includes a form wanting consent to contact her Doctor for her medical history, BUT she didnt tell her Insurers, or the DVLA (when she first applied for her licence) that she has a type of Epilepsy and has been on medication for a few years. She hasnt has a seizure for the past 4 years and is now being weaned off the tablets, and the ones she did have have only ever happened during her sleep, this is typical of the type of epilepsy that she has,

 

She is now worried that her Insurance wont pay out for her Car, and that her insurance will be void, and also is there any possibility of her losing her licence due to the fact she didnt tell the DVLA in the first place

could anyone advise please

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First question is did her Doctor tell her she needed to report it ?

You might find the answer for the DVLA side of things here http://www.dvla.gov.uk/medical.aspx

 

Her insurance is a different matter, as it is the third party that is asking the questions she may be OK but she really should tell her insurers straight away in case of future accident.

Not sure how things stand now but when I worked in insurance they would have asked for a doctors letter confirming her as fit to drive

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when you fill in an application for insurance they always ask you if there is anything that will impair your driving, as insurance companies look for any little things that means they dont have to pay out so they will probably use this. I hope it turns out well for her x

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Whenever someone first has a seizure they are barred from driving for a year. After a year of being seizure free you can reapply for you licence. If someone only had nocturnal seizures they can reapply for their licence after 3 years, even if they are still having regular seizures as long as they are always nocturnal (i.e during sleep, whether at night or not).

 

So in either case she would have been able to reapply for her licence by now. However, when changing or reducing medication the DVLA recommend not driving for 6 months after the change or reduction is complete. I don't think that's a legal requirement though.

 

However, by not declaring it she has committed a very serious offence. She has also been driving illegally and uninsured. Regardless of her insurer's take on it, she could be facing prosecution.

 

She needs to get some proper advice on it as quickly as possible. I would imagine the Citizen's Advice would be as good a place as any to start. (She also needs to stop driving until she has sorted this out).

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