Elderly driver cancelled insurance before toddler died in crash

A 91-year-old driver cancelled her car insurance weeks before mounting the kerb and killing a toddler in Edinburgh, an inquiry has heard.

Xander Irvine died when the Kia driven by Edith Duncan veered off Morningside Road in June 2020 and hit him and his mother Victoria before smashing into a charity shop.

Mrs Duncan was charged with causing death by dangerous driving and driving without insurance but died in May 2021.

The Fatal Accident Inquiry (FAI) heard that she thought her foot had slipped on the accelerator while performing a U-turn.

Xander’s parents were at Edinburgh Sheriff Court for the first day of the hearing.

It was ordered by prosecutors as the three-year-old’s death occurred in “circumstances giving rise to serious public concern”.

The inquiry heard there was no indication that Mrs Duncan had any impediment that would have affected her ability to drive and had renewed her licence earlier in the year.

Drivers over the age of 70 must apply for a new licence every three years.

But it also heard she had cancelled her car insurance due to “not wanting to pay the money” as she felt she did not use her car enough.

On the day of the incident, Mrs Duncan had been illegally parked on a pelican crossing prior to performing the manoeuvre.

Xander and Victoria were walking along the street outside the St Columba’s Hospice charity shop at the time.

The hearing was shown dashcam footage of the accident. Xander’s parents left the courtroom before the video was played.

It showed the car accelerating quickly across the road before hitting the building and people nearby running to help.

Among them was office worker Clare Kavanagh, who helped Mrs Duncan out of the car.

She said Mrs Duncan “clearly had no idea what had happened” and “kept repeating she had new shoes which had slipped on the car pedals”.

She added: "It was quite eerie - she was quite calm. She was saying, 'I just came out for a toaster or a kettle'."

Witness Sally Phillips, who also worked in the office, said Mrs Duncan seemed detached" and "pretty emotionless".

She said: "She was confused, she said she needed to get something out the boot, it was a toaster or a kettle.

"She was very confused about what had happened. At that point she didn't know that she had hurt anybody. She was quite frail."

Xander died in the Royal Hospital for Sick Children from "multiple injuries".

Thousands of people lined the streets in Morningside when Xander's funeral cortege passed in July 2020.

The court heard Mrs Duncan was seen by a dementia specialist in 2021 who said the she may have had undiagnosed frontotemporal dementia.

However, Mrs Duncan died before it was confirmed.

The hearing before Sheriff Nigel Ross continues.