A driving examiner who raised a damages action against a car insurance company after he claimed he suffered a whiplash injury during a test has won his court case.
Andrew Carmichael, 35, said he was injured after candidate Lisa Connolly braked sharply during a test in Edinburgh over two years ago. He described the incident as the worst he had experienced in his 12 year career.
The West-Lothian-based examiner took his case to the Court of Session in Edinburgh, where judge Lady Clark ruled that NIG Insurance, the company which insured the instructor's Vauxhall Corsa driven by Ms Connolly, were liable for any loss, injury or damage.
The judge said she was satisfied that Mr Carmichael was a highly qualified examiner who was a "reliable and accurate" witness.
NIG Insurance denied liability saying that the damages sought were excessive.
A further court hearing will be held to determine the level of damages Mr Carmichael might be awarded, possibly up to £15,000.
© Press Association 2009