Scotland and Edinburgh Whiplash Claims

Driving instructor successfully sues for whiplash injury

A driving instructor, who suffered whiplash injury during what he described as the ‘worst driving test of his career’, has successfully sued for compensation.

Andrew Carmichael, 35, suffered a whiplash injury after a young test candidate braked sharply with the wrong foot, forcing another vehicle to take evasive action. He successfully brought a £15,000 damages action at the Court of Session in Edinburgh but will have to wait for another hearing to learn how much he will receive. The court ruled that the learner driver had been negligent and that the insurers of her driving instructor's Vauxhall Corsa were liable for any loss, injury or damage sustained by Mr Carmichael.

The examiner recorded 14 faults, five serious faults and one dangerous fault during the 40 minute examination. Mr Carmichael's injury was caused by the candidate braking with her left foot, despite being told earlier not to brake in this manner. On the second occasion the car had stalled, the candidate managed to restart the car and built up to a speed of about 25 mph before braking severely again with her left foot on the approach to a roundabout. A car behind them had to take evasive action to avoid a collision.

Mr Carmichael was thrown forward and suffered a sore shoulder, chest and neck and felt pins and needles in an arm. He recorded the incident as dangerous on the exam form and told the court it was his worst experience in 12 years of driving tests. His GP later diagnosed a whiplash injury and he was off work for several weeks.

Whiplash claims account for nearly £2billion of payouts by insurance companies in the UK annually, and the cost to the NHS for consultancy fees is a staggering £8billion every year. 75% of motor personal injury claims are made as a result of whiplash injuries, usually caused by low speed collisions, although sudden sharp braking can also cause the body to jolt forward and back, damaging the soft tissue of the neck and shoulders. The Association of British Insurers estimate that there are 1,200 claims a day for whiplash injuries, six times the number of workplace related injury claims.

As driving instructors are regularly the passengers in vehicles driven by inexperienced learners, the potential for sudden stops or even low speed impacts is higher than it is with normal road users. This case may potentially open the door for other instructors to pursue similar claims, as they can be classed as both industrial accidents and road traffic accidents. However, the implications for driving instructors is more severe, as their livelihoods depend on their ability to be able to sit in a car for prolonged periods and react quickly to hazardous situations. The insurers may not be so happy about the implications of the case, as it leaves learner drivers vulnerable to compensation claims made against them and thus potentially causing an increase in insurance premiums to cover such potential claims.

Specialist claims solicitors who deal with whiplash injuries are supporting Mr Carmichael’s decision to pursue the claim because of the affect to his career an injury of this nature could produce. The amount of compensation is a measure of the impact a low speed whiplash injury can have, not just physically, but on his potential earnings as well.

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