A driving examiner who was hurt during what he described as his ‘worst test in 12 years’ has won the right to compensation for his whiplash injuries.
Andrew Carmichael, 35, was examining Lisa Connolly, who was taking the test for the first time. At one point during the test, Miss Connolly braked unexpectedly and Mr Carmichael suffered a whiplash injury. The ‘emergency stop’ part of the test had already been completed.
Mr Carmichael, who described the test as ‘memorable’, failed Miss Connolly, who made 5 serious faults during the 40-minute test. Afterwards, Mr Carmichael carried out another test, but he then had to go home because he had begun to experience chest and neck pains as well as a sore shoulder.
Because of the severity of his injuries, Mr Carmichael brought a claim against Miss Connolly’s insurers. When the case came to court, a judge decided that Miss Connolly’s driving had fallen well below the standard required and that she had been driving without due care and attention.
The insurers tried to claim that Mr Carmichael had actually been injured during the earlier planned emergency stop, but this argument was rejected by the judge. The exact amount of the compensation will be set at a future hearing – Mr Carmichael is seeking £15,000.