After writing to them months ago telling them that I had seen an Optometrist and she thought that I could pass the DVLA sight test now, so could they arrange for another one for me at Specsavers (who have the contract) they have written back. After going round in circles with them claiming that they had never heard of me so fill in this application form for your first driving licence and rejecting that because I didn't include a photograph (who are you again?). Guess what? Rather than accept what I told them about 3 months (at least) ago, they have now written to me to take the eye test. They say that I can't now due to the lockdown. So, in a polite way, they say, "F you! No driving license any time soon!" As I share with my solicitor, it sure as hell feels like I was to blame for this accident (even though the other driver got 6 points and a fine that I wouldn't think twice about paying if it was it was speed ticket territory). I doubt it has even affected her NCB as Hastings haven't paid out a penny and deny it's anything to do with them or their client. No doubt, when hostilities resume after this, they will be back claiming it has nothing to do with them as their client is not at fault (6 points and admission of fault count for zero in their book)! I would say to my sol, that this is enough now and I want to start legal action but I know that she will be reluctant as we can't put a figure on things until we know about my driving license. I think that we should go for it on the assumption that my driving license has gone and if I get any positive news from DVLA before the action then we reduce the claim (by a small amount).
Perry I wish I had some relevant experience to offer but I don't. That said there are other legal boffins here and there must be a way of getting a second opinion on your solicitors approach? @Zhed46
I will see wot my sol says - I have to go with her or sack her and I don't want to do that - she has got more experience of this than me. Trouble is: she won't waste her time with DVLA unless there are are big fees in the offing. I don't know if we can begin an action and put the damages at x assuming I've lost my license - but it we don't know how well my leg will heal. I'll contact her for a rant but I suspect her reply will be to be more patient. I did tell her ages ago that she didn't need to be so polite to me and I wouldn't be offended if she told me to "shut the fook up!" She may well do that now!
My theme was, I am the innocent party here (and the damaged party) so why can't we start to make the guilty party suffer? I have to take all of the pain and suffering. My sol hasn't been paid yet. I haven't been paid. I think that things are the wrong way round!
If supersavers have the contrast and they are open why not engage with them to do your eye test, record it as per what they do for DVLA and forward that to them.
doesn't make sense Perry, I had an eye test last week within 2nd lockdown (Vision Express), it shouldn't stop you proceeding.
The last situation was that Hastings deny any liability and even deny that I was riding the bike. I want my sol to get on and issue a summons so that liability is confirmed. That will almost certainly mean two actions as we will win the liability one easily (I doubt that they would even want to let it go to court and incur more fees) but then they will want the liability amount to be 1p and so we will need to go to court again over the amount of liability. This may be why my sol is holding off - to have one court case to establish liability and amount.
That is a consideration. I could do the test and just tell them to send the results to DVLA. Or, I might see if I can do two, one after another - so I see the results that will be what they send effectively to DVLA. As I feel that this is very likely to end in an action, I want proof of what they send to DVLA, even if it does cost me £30. I've upset them now and I can't foresee any helpful communication.
Despite Hastings happy cheerful adverts, they are a bunch of crooks. They charge for every single minor change to your policy, ie change of address, change of vehicle etc. My last and final quote from them was for over £600 for my car which I now insure with direct line. For half of this amount, with no charges for policy changes.
For the DVLA test, they are not allowed to tell you the result or if you have passed or failed. They send the results to DVLA and DVLA decide if you have passed or failed.
I agree. The letter I got from DVLA said that Specsavers are closed and so there is nothing that they can do. Now it seems that they are wrong and I could do the eye test. I think that DVLA are just trying to fob me off and waste time. That's why they started this "never heard of you, apply for a driving license and send a photograph because we've never heard of you, don't know what you look like and don't know you driving license number" thing.
I had a similar experience with diamond, unaccompanied learner driver no L plates displayed. Hit me side on when he pulled out of a junction, which put me in hospital for a month and off work for a further 3 months. Also wrote off the bike, which surprisingly Diamond coughed up for. Despite a witness statement from an off duty police officer, Diamond contested liability ( said it was my fault) and damages. Fast forward 18 months, after a barrister got involved, and sighted 13 points of negligence on the part of the defendant, things I would never have thought of, I got £48k compensation. Stick with it if your solicitor is any good you should cone out of this ok.
Good result for you (in the end). My family choose the sol when I was out for the count. She is a partner in a big practice and only takes on cases after seeing the facts and is pretty sure that the case in winnable. I started talking to her when I got home and she never implied that this will be quick. Also, most times that i phoned, her staff would tell me that she's not available as she is in court that day. I always used to think, "wot the hell is she doing in court? She only takes om cases that she is pretty sure to win!". It is only learning from my case that the other side will argue with anything. The only way to establish anything is to take them to court. To my mind it is harming them because they will incur greater fees from the other side (including possibly a barrister's fees) and have no sympathy from the judge as they are clearly wasting the court's time I don't know what my sols fees come to at this point in time, but 10k wouldn't surprise me. To me. the whole thing seems mad. Insurance companies fight to be cheaper than each other but they will p1ss thousands against the wall, quite happily, rather than settle cases quickly and amicably. What do you think the chances are of me of anyone in my family every insuring anything with Hastings, in future?
Perhaps I’m mistaken but I thought you said ages ago Hastings had picked up the tab for some of your necessary medical treatment expenses.
Thy are! Well it might be that there is a central fund that all insurance companies contribute to. I don't know but the fund (whether it's Hasting or the whole insurance industry) have paid out thousands fora n accident that Hastings say is nothing to do with them! It is all very strange. I am not liable for any of the monies already paid out (like my exercise bike and physio fees) and so if I was to cave in now and tell Hastings that they were right all the time and it was all my fault, for having the bare-faced temerity to ride a motorbike, that money has gone and the stuff bought for me, is mine. I don't get it.... Like I've got an appointment at Stroud Hospital in January. I just email my case guy and ask him to arrange a taxi for me. He does and I never pay the taxi but they claim the fare off the fund. Nobody argues with them - otherwise the taxi company would tell them to f off and never work for them again! I once got a taxi to Cheltenham hospital and the guy waited to take me home. That is about 80 miles round trip and 2 hours waiting time. Got to be £100, at least Like my exercise bike. Me and my physio choose one of the most expensive on Amazon (about £400). They just bought it. No argument of can you find a cheaper one? That's why I don't think that Hastings are directly involved a they certainly would of spent a year arguing, is this really necessary?
Have you checked this to see if anything is recorded which may help? https://www.gov.uk/view-driving-licence
