TWO drivers were equally responsible for a crash that killed two people and left a 13-year-old girl fighting for her life, a court has ruled.
James McKinlay and Elizabeth Hall both died when their car was involved in a head-on collision near Cuaich, Dalwhinnie, in the Highlands on the evening of March 24, 2007. The smash also left Mrs Hall’s niece, 13-year-old Kaya McInnes, from Edinburgh, fighting for life. Although she survived, she had to relearn how to walk.
It was agreed that Kaya should receive substantial compensation, but insurers of the two drivers alleged to be to blame – Richard McNicoll and Ronald McLean – contested who should pay up.
Now a senior judge, Lord Doherty, sitting at the Court of Session, has ruled that McNicoll and McLean were equally at fault.
The decision means Norwich Union Insurance Ltd and AXA Insurance UK will each shoulder half of the burden of paying Kaya’s compensation.