Insurer not required to purchase new vehicle as rehabilitation benefit for applicant's car phobia.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits to purchase a new, 'safe' vehicle to treat her severe car phobia, which had been exacerbated by the accident.
The insurer refused to fund the vehicle purchase.
The arbitrator found that while the applicant suffered a serious psychological injury that aggravated a pre-existing condition, the insurer's rehabilitation obligations did not extend to purchasing a new vehicle.
The insurer was only required to return the applicant to her pre-accident state, at which time she was already suffering from car phobia and had not been provided a new vehicle.
The claim for a vehicle was dismissed, but the applicant was awarded her arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 29, 1994
