You, as the wagon driver, are on a loading dock on a private site where the FLT driver has possession of your ignition keys and is in the process of loading your trailer (by FLT).
You, the wagon driver, are stood in the warehouse as per their rules whilst this is happening.
The FLT driver then has an accident in the back of your trailer whilst on his FLT and injures himself. The FLT driver then blames you for it by claiming you did not properly secure the vehicle from moving, even though you weren’t told what additional “securing” measures you were supposed to use.
The FLT driver then tries to sue you for big cash and the insurance company of the vehicle you were driving requires a very detailed statement of events from you of what happened, which you happily give during a meeting with a representative of the insurance company and the haulier’s H&S bod, on the haulier’s premises.
When the insurance representative asks you for your name and address you say Rob K, c/o of Bloggs Haulage Ltd, Bloggsville. The rep won’t accept that and tells you that you are legally required to give your home address. Is that true or is it a load of bollox? For the record I told him politely to go and swivel as the claim - afaik - is against the haulier and not myself. As I was working on behalf of the haulier and insured to drive their vehicles on their own policy as a temporary contractor, along with being insured by them for personal and third party injuries (in my terms & conditions which is signed by their TM) then surely any correspondence to me should be through the haulier and they have no legal requirement for my personal address?
Furthermore, at the end of giving the statement he asks to see my licence, which I didn’t have with me and even if I did I wouldn’t have shown it to him as, imho, it’s none of his business. Anyway, because I didn’t have my licence with me he then handed me a DVLA form to sign that said I gave them my permission to access my details on the DVLA database. I asked why this was necessary and he once again said it was a legal requirement for me to comply. I personally think it’s a load of bollox but I’m not a legal person so I don’t have a bloody clue. Needless to say I refused to sign it, arguing that 1. it was none of his or the insurance company’s business because 2. the accident happened on private land and not a public road and also that the vehicle wasn’t in my control (in any respect) when the accident happened so wtf have my licence details got to do with it?
This caused the bloke to virtually explode in rage, accusing me of hampering the investigation and if I didn’t comply with their requests willingly then I would be forced to by using the law. At that point I told him to get on with it and walked out.
if i was you mate id take legal advie…think youcan get a free one hour consultation then you decide if you want them to take the case adn they will tell you if you got leg to stand on m8…even if you dont use them still think your entitled to free consultation…
stvme2519:
if i was you mate id take legal advie…think youcan get a free one hour consultation then you decide if you want them to take the case adn they will tell you if you got leg to stand on m8…even if you dont use them still think your entitled to free consultation…
Thanks, yes I’m considering it, but it’s all time and hassle and tbh I really can’t be arsed with any of it and just want to wash my hands of it.
There’s a lot of knowledgable folks on here too, so hopefully someone will come to my aid .
Did the FLT driver check to make sure the vehicle was secured to his satisfaction before he went on the back. If not then i would say that he was negligent, surely the onus is on him to make sure before loading. I also would have refused to give my home address without exception.
Did the FLT driver come up with the ’ failure to secure the vehicle’ at the time of the accident? Or some time after?
Smacks of an attempt to keep their own insurance ‘clean’.
This has the soundings of a right royal scam.
However, i’d cooperate in every way. (Your home details are freely available to virtually anybody anyway, as are the rest of your personal details.)
You actually need your company’s insurance people to be fully ‘armed’, to be able to defend the action. The more open you are, the more it shows your
innocence.
tonysplodge: Did the FLT driver check to make sure the vehicle was secured to his satisfaction before he went on the back. If not then i would say that he was negligent, surely the onus is on him to make sure before loading. I also would have refused to give my home address without exception.
tonysplodge:
Did the FLT driver check to make sure the vehicle was secured to his satisfaction before he went on the back. If not then i would say that he was negligent, surely the onus is on him to make sure before loading. I also would have refused to give my home address without exception.
very good answer.
plus i would the “where did he sign to agree he was satisfied it was secured.”
As far as I’m aware Rob,the only person(s) entitled to see your licence,are the Police,and a VOSA official.No-one else is entitled to see it,and can only obtain the details of it via the above.
I would be inclined to say,that they are trying to make out that the accident was your fault,and that they are trying to avoid paying out themselves, (An insurance company doing that?? there’s a surprise.) instead,trying to extract any compensation from you.
Do you know exactly what this guys injuries where,and did anyone witness it?
If not,then I suspect he’s trying it on,and in my opinion,if you have complied with the sites H&S rules regarding non movement of the vehicle,then IMO,you’ve done all was asked of you.
If the guy has injured himself because of the state of the vehicle,then that I would say,is down to the owner of the vehicle concerned.
Defo ring a solicitor,without delay,and get the half hour free thingy.
206doorman:
(Your home details are freely available to virtually anybody anyway, as are the rest of your personal details.)
So who would these “virtually anybody” people be then, and how exactly would they get my “home details” and “rest of your personal details” ?
Rob, it’s well documented that anyone with a computer and a bit of savvy can find virtually anything about anybody. All sorts of lists,such as voting registers, directory listings, dvla, insurances, your personal rubbish bin, can provide anything these days.
It’s no longer a private world, big brother is watching you and me 24/7.
206doorman:
(Your home details are freely available to virtually anybody anyway, as are the rest of your personal details.)
So who would these “virtually anybody” people be then, and how exactly would they get my “home details” and “rest of your personal details” ?
Rob, it’s well documented that anyone with a computer and a bit of savvy can find virtually anything about anybody. All sorts of lists,such as voting registers,
They’d have a job on because I’m not on it.
directory listings,
Nor in any of them.
dvla,
Not on there at my home address.
insurances,
None of those in my name.
your personal rubbish bin,
Defo not. All waste with a name on it gets burned in my brazier.
can provide anything these days.
It’s no longer a private world, big brother is watching you and me 24/7.
Yes I agree, hence why the only people who I give my personal details to are the cops and I don’t believe in these circumstances that the insurance company have any right - legal or otherwise - to my personal address details, be that my real home address or otherwise.
Isn’t not having your correct home address on your driving licence a criminal offence? If so, isn’t admitting it on a public form a bit daft?
It’s clear you didn’t put your brain into gear before posting that, Paul. Why don’t you go away and have a think about it the numerous possible reasons why your DL would not currently be registered at the address you are currently residing at.
Rob K:
It’s clear you didn’t put your brain into gear before posting that, Paul. Why don’t you go away and have a think about it the numerous possible reasons why your DL would not currently be registered at the address you are currently residing at.
Well according to the DVLA “You must tell the Driver and Vehicle Licensing Agency (DVLA) immediately of any changes to your name, address or both.” so other than lazyness, incompetency or a desire to deliberately break the law nothing is jumping to mind. The only genuine option I can think of off the top of my head is that you have only just moved house and haven’t sent the form off yet, and if that is the case then as a law abiding individual I’m sure you will be sending it off any day now.
As you’re obviously considerably more intelligent than me I’m sure you’ll enlighten us as to the “numerous” possible reasons that you refer to above.
I think that your “go swivel” instructions/instincts are about correct.
Good, proper legal advice is never lost though! (chargable to your employer’s insurence Co of course … inform them first )
It’s a civil matter. Not a criminal one. Therefore, as I see it, all this legal “requirement” etc is a load of rubbish.
You are not legally obliged to produce your driver’s licence to anyone other than those with the lawful authority, and insurence bods don’t fulfil that criteria.
The forkie can’t sue you personally. He’ll have to try to sue your employer’s insurer. (assuming you were an employee at the time of the incident)
repton:
Well according to the DVLA “You must tell the Driver and Vehicle Licensing Agency (DVLA) immediately of any changes to your name, address or both.”
And what is the DVLAs interpretation of “a change of address”? Er, umm, yeah that’s right, it doesn’t say anything about it ! Therefore, when ones name is on the top of a tenancy agreement for a residential property through a letting agent then how, exactly, are the DVLA going to prove that you are not actually living there and it’s not your actual home address as per the address field on the top of ones licence?
By the way, thank you for the confirmation in your message that I am more intelligent than you. It really wasn’t necessary though as I knew this already.
Surely the company who the FLT driver works for would have Employee Liability Insurance, therefore covering ALL accidents/deaths to their employees whilst on their premises?
The accident happened in YOUR EMPLOYERS trailer, but the trailer was on THE CUSTOMERS land, so i can’t see how you as an individual can be claimed against. By the sounds of your post you complyed with all admission rules, ie: remaining within the warehouse and handing in your keys therefore the FLT driver should be claiming against his employer for failing to provide additional safety measures/policies ie: the FLT driver / warehouse supervisor ensuring the vehicle was secured before bording the trailer.
.
Why don’t you go away and have a think about it the numerous possible reasons why your DL would not currently be registered at the address you are currently residing at. 
