L-test examiner wins damages after driver left him suffering whiplash

Published on Thursday 19 February 2009 21:02

A DRIVING examiner has won his case after suing for damages – maintaining he was injured during the "worst driving test incident of his career".

Andrew Carmichael, 35, alleged that he was hurt during a driving exam in Edinburgh more than two years ago.

The West Lothian-based examiner said he suffered a whiplash injury after Lisa Connolly braked sharply during the test in rush hour traffic on 4 December, 2006, forcing another vehicle to take evasive action.

He took his case to the Court of Session in Edinburgh, where he raised a 15,000 damages action against NIG Insurance.

Yesterday, judge Lady Clark ruled that the insurers, the defenders in this case, were liable for any loss, injury or damage sustained by Mr Carmichael during the incident.

Delivering her opinion, she told the court she was satisfied that Mr Carmichael was a highly qualified professional instructor and examiner who was a "reliable and accurate" witness in this case.

The instructor will have to wait until a future court hearing to find out how much money, if any, he is to be awarded.

Mr Carmichael made no comment as he left court.

The court heard that Mr Carmichael agreed during his evidence that the alleged incident was the worst he had experienced in his 12 years of dealing with learner drivers.

In papers lodged with the court, Mr Carmichael stated that the candidate, who went on to fail her test, braked heavily with her left foot on the Sir Harry Lauder Road, causing the car to stall.

It was claimed she restarted the car and built up speed to around 25mph before braking with her left foot again "even more sharply", causing the examiner to be thrown forwards and backwards.

Mr Carmichael said he sustained a whiplash-type injury to his neck and immediately felt pins and needles in his left arm.

He suffered "significant" neck and shoulder pain and stiffness for about six weeks, stopping him from working, it was alleged. Mr Carmichael also said he recorded a total of 14 driving faults – five of them serious and one dangerous – during the 40-minute test.

NIG Insurance contested the case, denying liability and saying that the damages sought were excessive. The court heard Ms Connolly said she used her left foot to brake on only one occasion and believed she would not have made that mistake again.

Lady Clark said Ms Connolly had no reason to think about the disputed events in the 2006 test until she was asked to in January this year.

"I consider that the pursuer is a much more reliable and accurate witness than Ms Connolly," said Lady Clark.

'She was not in control of the car as she ought to have been'

LISA Connolly, who was sitting her driving test for the first time, failed the exam taken during rush-hour traffic in Edinburgh on 4 December, 2006.

Ms Connolly, who had had about 30 lessons prior to sitting the test, said she was "very, very nervous", and traffic was extremely busy on the morning of the exam. She said that during the test she carried out an emergency stop, which went fine, but the examiner said he had hurt his neck.

Later, in Sir Harry Lauder Road, she was driving in heavy traffic and an ambulance came from behind. She panicked and used her left foot to brake.

The judge, Lady Clark, said: "In my opinion, even in her own version of events, she was not in control of the car as she ought to have been and her inexperience and nervousness is not a defence."