The applicant, an 18-year-old pedestrian, suffered a severe traumatic brain injury when struck by a car.
He applied for non-earner benefits, which the respondent insurer denied based on insurer examinations suggesting symptom exaggeration.
The Licence Appeal Tribunal found that the applicant suffered a complete inability to carry on a normal life, noting his inability to return to school, drive, play basketball, or maintain his pre-accident social life.
The Tribunal rejected the insurer's neuropsychological assessments as they were contradicted by the insurer's own catastrophic impairment assessors, who found genuine, severe cognitive deficits.
The Tribunal ordered the payment of non-earner benefits and granted a special award of 40% under Regulation 664, finding the insurer acted unreasonably by maintaining its denial despite its own catastrophic assessors' reports.
