Examiner wins 'worst driver' case

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A driving examiner who sued for damages after claiming he was hurt by the worst learner driver he had ever seen has won his case.

Andrew Carmichael alleged he suffered whiplash after driving test candidate Lisa Connolly slammed on her brakes in rush-hour traffic two years ago.

He told the Court of Session in Edinburgh he recorded 14 faults during Miss Connolly's test.

Judge Lady Clark ruled insurers NIG were liable for Mr Carmichael's injury.

West Lothian-based Mr Carmichael, 35, had raised a £15,000 damages action, but will have to wait until a future court hearing to find out how much money, if any, he is to be awarded.

In my opinion, her driving was plainly careless. She seemed unable to drive with due care and attention Lady Clark

NIG Insurance was the company which insured the instructor's Vauxhall Corsa being driven by Ms Connolly.

Delivering her opinion, Lady Clark 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 judge said: "I consider Miss Connolly's standard of driving fell below the required standard of care for a driver.

"In my opinion, her driving was plainly careless. She seemed unable to drive with due care and attention.

"I think Miss Connolly and her driving, as described by the pursuer (Mr Carmichael), would be memorable."

Mr Carmichael, who is involved in two subsequent accidents over which actions have also been raised, made no comment as he left court.

Miss Connolly failed the test in Edinburgh in December 2006 after making a series of mistakes, five of which Mr Carmichael considered "serious" and another one "dangerous".

The examiner said Miss Connolly had used her left foot to brake severely on a number of occasions, the last of which caused a following vehicle to take action to avoid a collision. Miss Connolly admitted she had been nervous during her test

Mr Carmichael, a driving instructor and examiner for more than 12 years, said he had been thrown forward and back in his seat, leaving him with a sore shoulder, chest and back. He also felt pins and needles down an arm.

He told the court that Miss Connolly had mounted a pavement during the test, and what was supposed to have been a three-point turn became a "nine-point turn".

His GP later diagnosed a whiplash injury and he was off work for several weeks.

When asked by Arabella Tait, counsel for the insurers, whether the incident was the worst he had experienced in 12 years of having learner drivers at the wheel, Mr Carmichael replied "Yes it was".

Miss Connolly, who had about 30 lessons before sitting the test, denied mounting the pavement and claimed Mr Carmichael had been hurt during an emergency stop, but admitted she had been "very, very nervous" during her test.