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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30896
Experience:  Over 5 years in practice
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My ex wife had an accident 23/1/015. she is disabled &

Customer Question

My ex wife had an accident 23/1/015. she is disabled & has a mobility car. Her licence to drive is reviewed every three years. Unfortunately when it came to have her licence reviewed this time , it coincided with her specialist retiring at the local hospital, which meant a locum who had never seen or spoken to her was asked to do her 3 year review. He apparently loosely based his answers on historical information in her notes. However... a letter came back from DVLA revoking her licence!! boy was she upset! she rang the specialist locum dealing with her review, who made an emergency appointment to see her after clinic the next day which would be 08/12/2015. HE PUT HER THROUGH ALL SORTS OF EXERSISES, BOTH MENTAL &PHYSICAL. At the end of her consultation he apologised profusely , said her locence should never have been revoked & offered to get his secretary to fax a letter to the DVLA first thing am tomorrow. 09/12/2015. She still had to wait for several anxious days before the doctors at DVLA also decided that she was indeed fit to drive, (which when you have parkinson's disease resulted in many anxiety attacks ,in fact she is just now starting to enjoy her life a little bit more now.
she also was not told that even though she was medically fit to drive, she would have to re-apply for her licence AGAIN! Then there was a back log of applications at DVLA (or so she was told). She finally got her licence in February of this year, Sue thought that once they said she was medically fit that she could resume driving, but this was not the case! until Sue had the licence in her hand she was classed as not having a licence! ow pathetic! in the mean while 23/12/2015 Sue pulled out cautiously of our road (which is always obstructed by some vehicle or other) to visit her mother 82 years of age who was in tears beccause her central heating boiler was dripping water on to the inside of the boiler and might blow up.
After looking both ways for vehicles etc again she turned right out of our road onto the main road,she had not travelled more than 10 yards or so when a van parked illegally on the wrong side of the road & also on double yellow lines pulled out without looking or indicating, The vehicle shunted her sideways causing shock and severe distress amongst other things. we have cctv of the accident which conclusively proves who is at fault , but her insurance company & motability are saying that because she didn't physically receive her licence until February of 2016 she was technically driving without a licence or insurance. SHE has had to undergo a special investigation which said because Sue's licence was blemish free for approx 31 years, that she had responded to her mothers distress as any dutiful daughter would & it was a mistake on her part and they wouldn't take it any further, but they were duty bound to inform motability who lease the vehicle to her & they are still considering what action if any to take which may involve her having to pay for repairs herself which she cannot afford.Meanwhile Sue is suing for damages for injuries etc. Weare quite worried as tothe outcome? an you help please?
Submitted: 5 months ago.
Category: Law
Expert:  Jo C. replied 5 months ago.

Would you mind summarising your question?

I'm afraid this is underpriced as it currently stands.

Customer: replied 5 months ago.
No i am dreadfully sorry but Sue's INSURANCE COMPANY HAVE GOT BACK TO HER.,s so the matter is concluded. Many thanks. M S Brothrton
Expert:  Jo C. replied 5 months ago.

No problem.

All the best.

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