Driving examiner wins damages case

A court has ruled that a car insurance company is liable for injuries sustained by a driving examiner during what he said was the "worst driving test incident of his career".

Andrew Carmichael, 35, alleged that he suffered a whiplash injury during a driving exam in Edinburgh on December 4, 2006 when candidate Lisa Connolly braked sharply during her test, causing another driver to take evasive action.

Mr Carmichael raised a £15,000 damages action against NIG Insurance, the company that insured his Vauxhall Corsa which was being driven by Ms Connolly, at the Court of Session in Edinburgh.

Judge Lady Clark ruled that the insurers were liable for any loss, injury or damage sustained by the claimant during the incident.

She said she was satisfied that Mr Carmichael was a highly qualified professional instructor and examiner, and that he was a "reliable and accurate" witness in this case.

NIG Insurance contested the case, denying liability and saying that the damages sought were excessive.

Mr Carmichael will have to wait until a future court hearing to find out how much money, if any, he is to be awarded, up to a maximum of £15,000.

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