DM comments/threats about driving

Hi Gordon,

Thanks for the speedy and pertinent reply. My issue - lower back pain...Following fusion op 1999, I now have disc degeneration above and below the fused area along with painful scar tissue that affects my legs/hips/knees, my walk/gait and I need my sticks to walk, issues that the HP picked up on. BUT I have no issues in my arms/shoulders /elbows, if anything...as my issue requires me to use sticks my arms are my strongest limbs!

The nurse that assessed me:

1.Did not physically carry out a 'hands on' examination as a doctor or consultant would.
2.Did not want to see the MRI/X Rays I took with me as a doctor or consultant would.
3.Writes very brief one sentence comments about the restrictions in my Legs/Hips/Knees
Whereas, she writes four sentence paragraphs on the 3 sections regarding
my arms/shoulders/wrist movement - areas that are NOT in question.

As per the appeal advice, I'm now working on a bulleted summary to hand to the tribunal members on the day of my appeal (20th of this month). Should I highlight this strange disparity in her analysis as a weakness on the HP's part to identify the real issue?

Thank you again for your assistance,

I'll let you know how I get on.

Bryan

I don't see how the words of a non medical person regarding your ability to drive can make your insurance invalid??!! I can if it had been suggested by your GP or consultant. I have been through DVLA protocol regarding health and driving and it is a long drawn out process, mine took nine months, but thankfully was allowed to continue driving whilst the investigation took place, I have Marfan Syndrome. Good luck with your appeal, it annoys me that someone probably without much knowledge of a disabled persons life can write things like that and cause so much worry.
Sorry Gordon, just a wee bit annoyed.

It is not a "non medical" person, it is a nurse who is a health care professional.
If a health care professional questions your fitness to drive, they cannot stop you driving. They have no legal power to do so. However they do have the right to inform you that you must contact the DVLA as has occurred in this assessment.
Right now your insurance will be valid, in so much as if you hit a police ANPR detector nothing will flag up as there is a policy in place. The issue is when you take out car insurance you are legally obliged to make declarations eg points on your licence, number of fault claims, whether insurance has ever been refused. Technically you may be able to lie on the questions and get a policy based on lies or withholding the truth, however things can unravel if there ever is a major accident and it transpires you have been less than candid. Insurance companies do not like paying out. They are businesses and all businesses watch their bottom line. If there is an accident and the insurance and their assessors begin to question whether you health may have contributed, things could unravel.
Tell the DVLA, as the last poster has said, they will let you hold your licence while they investigate. It is a long process. I have been through it myself. However you are unlikely to lose your licence, as the DVLA does not want to take drivers off the road unless absolutely necessary which does not sound like the case here. Failure to be candid may be something that flies under the radar, but also may be something that backfires. Personally I would not take the risk.

Apologies Benion , from what Bryan had written I thought it had said the Decision Maker had made the remarks about his ability to drive and not the health professional. I know that when I worked for a consultant neurologist the decision to contact the DVLA was always left with the patient.