A driving examiner is suing for damages after claiming he was hurt by the worst learner driver he has ever seen.
news.bbc.co.uk/1/hi/scotland/edinburgh_and_east/78...s
A current case so I guess no comments directly about it until the case is resolved.
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Some years ago a colleague's insurance company paid out about £13,000 to an examiner who claimed whiplash because his pupil did the emergency stop before the examiner had given the signal. The examiner, who was much loathed by all the local ADIs had retired by the time the case was settled and the general opinion was that he had seen the opportuninty of a nice little earner to go away with.
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I had 25 years in the business and examiners were always 'at it'.
Insurance companies shouldn't roll over quite so easily. If anyone is at risk with learner drivers it's the instructors but we never came across any examples of instructor 'whiplash'!
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A current case so I guess no comments directly about it until the case is resolved.
In England at least this is more of an issue with cases involving a jury. Deciding cases on the evidence they've heard uninfluenced by media coverage is pretty basic judgecraft.
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There is surely a major difference between cases involving driving examiners, and instructors.
Instructors surely accept that this is a risk they have to take. If by definition someone does not yet know how to drive, there must always be a risk that the driver will do something unexpected or dangerous, so presumably a trained instructor is prepared for this.
But by the time someone is at the stage of taking the test he must be presumed to be at or nearly at an appropriate standard, and must bear full responsibility for his actions.
There are said to have been famous cases where an examiner has inadvertantly tapped his pencil or whatever, so the driver has correctly performed an emergency stop, with dire results.
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The fact that she was repeatedly stepping on the brake with her left foot suggests a lack of competence in the first place.
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Examiners know exactly what they are likely to get on a driving test and are well prepared for the barely competant.
Whiplash and other fashion injuries tend not to happen to the self-employed, only those with generous sick pay schemes.
Edited by Robin Reliant on 19/02/2009 at 16:23
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I think the reason you have the driving test is that you dont know how good the test pupil is - the whole reason for the test no?
Its just someone on the 'take' as ever. Maybe the tester should be sued for not being properly prepared for his job.
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Why not insist a mock test is done beforehand and signed off by a different instructor before someone wastes their money on a test? Not exactly difficult to arrange.
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Why not insist a mock test is done beforehand and signed off by a different instructor before someone wastes their money on a test? Not exactly difficult to arrange.
There is no requirement to have professional instruction before taking a test. In fact, if you mentioned to the examiner that you had never even sat behind the wheel of a car before and just wanted to have a punt, he would still be obliged to conduct the test, though he has the power to terminate if the drive is unsafe.
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Well, now you know what's coming when I become supreme dictator. After I've carpet-bombed Wales, of course. ;-)
Edited by David Horn on 19/02/2009 at 17:21
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Latest update says he's won his case... its just to be decided how much, if anything, he will get.
I'm with David here, using your left foot to brake sounds very wrong... I'd have thought that alone would be enough for the Intructor to tell her not to put in for a test.
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Well now you know what's coming when I become supreme dictator. After I've carpet-bombed Wales of course. ;-)
Beware, the Pembrokeshire Killer Sheep are in position by the Severn Crossing.
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I've never done it and I have been taught to only use the left foot the clutch and the right for the throttle and brake. However what is wrong with left foot braking?How would this make the braking heavier?
I personaly think this examiner is pullling a fast one.
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Rattle, the next time you're doing 10mph with nothing behind you, left foot brake and see what happens.
Just don't sue me if you get whiplash.
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As in what are you going to declutch with!! ;-)
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naw.... as in your left foot is used to pushing down against the clutch... a 'heavier' action than the brake.
you can retrain yourself, I often left foot brake auto's, but it always takes me a while to get back into the feel.... so I dont do it on the open road to begin with.....
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Thanks Tony that makes a lot of sense :) So I guess this silly woman was not ready for her test, maybe her daddy pushed her into it too early?
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