Solicitor threatening county court proceedings

casseus

The_0neuk wrote: »

Back in june of last year early sunday morning my elderly father had a bump with a third party. A coming together in filtering traffic near the bus station

it put a small dent in the third partys rear drivers door and a small dent in my fathers front passenger wing.

My dad suffers from short term memory loss following an industrial accident that forced him to take early retirement so the third party wrote my dads details down himself then handed my father a piece of paper with his own details.

Both said wasn't worth claiming.

Anyway I advised to sit it out and see if we heard anything and if not just get it sorted without insurance as it wasn't much...

Nothing until today....

Had a letter from a solicitors representing the third party saying as weve been unable to claim damages off your insurance company were giving you 7 days to pay circa 2.5k for our client otherwise we will issue county court proceedings.

As parents are elderly its understandably shook them up somewhat.

Now in the letter they have my fathers registration number incorrect (It refers to a black vauxahall) my fathers car is a bronze honda jazz and they also have the insurance company wrong (They have admiral but my father is with co op)

So.…

Do we ignore it as they have the fundamental details wrong or if not what's advisable?

I'd be tempted to bin it but that's me I think its a phishing letter, but for your dad I would just passed it onto the insurers as a "here you go I had this in the mail".


I also Don't want to be bearer of some bad news, but has dad declared to DVLA he has short term memory loss or memory problems. https://www.gov.uk/severe-memory-problems-and-driving
Its a difficult and sensitive issue I know, we all love our independence, but if he doesn't tell them, and god forbid something doesn't happen and he mentions to police in a motoring related issue or offence, in the future it could lead to loads of legal issues and problems.

The_0neuk

hes been passed fit to drive by the doctors, its not severe memory loss!

Aylesbury_Duck

The_0neuk wrote: »

from whom?

A solicitor of your own. If you don't have one, some may give a free introductory consultation.

AdrianC

Your father says now that the agreement was to simply let it go - but insurance details were exchanged, and your father has memory issues...

There's no question about what to do. He needs to send it straight to his insurer.

Pensioned_Off

The_0neuk wrote: »

hes been passed fit to drive by the doctors, its not severe memory loss!

If you did not think it relevant then you wouldn't even have mentioned his memory loss. I think, deep down, you know it's a problem.

As to a doctor passing him as fit to drive, that's one brave doctor to unilaterally make that decision.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/736938/assessing-fitness-to-drive-a-guide-for-medical-professionals.pdf

loskie

I spoke to my late Father's GP asking her to remove his licence as he had vascular dementia (undiagnosed but obvious to family at that time). His driving was unsafe and very scary, I refused to be a passenger with him, mother acted as his eyes: not good.

Anyway I asked his GP, she refused to contact DVLA saying it would destroy any patient/doc trust! Even though she agreed with me that he wasnt good,

So I wouldnt always rely on a GP.

This was only about 3 years ago. He died last year

Stoke

loskie wrote: »

I spoke to my late Father's GP asking her to remove his licence as he had vascular dementia (undiagnosed but obvious to family at that time). His driving was unsafe and very scary, I refused to be a passenger with him, mother acted as his eyes: not good.

Anyway I asked his GP, she refused to contact DVLA saying it would destroy any patient/doc trust! Even though she agreed with me that he wasnt good,

So I wouldnt always rely on a GP.

This was only about 3 years ago. He died last year

My dad had the exact same issue with my grandmother. He had to basically take the keys. She was lethal on the road.

redpete

loskie wrote: »

I spoke to my late Father's GP asking her to remove his licence as he had vascular dementia (undiagnosed but obvious to family at that time). His driving was unsafe and very scary, I refused to be a passenger with him, mother acted as his eyes: not good.

Anyway I asked his GP, she refused to contact DVLA saying it would destroy any patient/doc trust! Even though she agreed with me that he wasnt good,

So I wouldnt always rely on a GP.

This was only about 3 years ago. He died last year

There is a big difference between saying someone is safe to drive and refusing to say they are not safe to drive.

casseus

loskie wrote: »

I spoke to my late Father's GP asking her to remove his licence as he had vascular dementia (undiagnosed but obvious to family at that time). His driving was unsafe and very scary, I refused to be a passenger with him, mother acted as his eyes: not good.

Anyway I asked his GP, she refused to contact DVLA saying it would destroy any patient/doc trust! Even though she agreed with me that he wasnt good,

So I wouldnt always rely on a GP.

This was only about 3 years ago. He died last year

There's a limited set of circumstances in which a GP or Medical professional can tell the DVLA without having permission from their patient. A GP will refuse 99% of the time when asked by a relative to write a letter to the DVLA, But if the GP requires the patient to notify the DVLA of their condition then and then the patient don't, then this could also bring legal issues further down the line if anything happens and medical notes are accessed.