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Application for accident benefits dismissed; injuring knee while stepping onto curb after exiting vehicle is not an accident.
The applicant sought statutory accident benefits following an incident where she injured her knee after exiting her parked vehicle and stepping onto a curb.
The respondent denied the claim on the basis that the incident was not an 'accident' under section 3(1) of the Schedule.
The Licence Appeal Tribunal applied the two-part test from Caughy and found that the vehicle was merely being used for support, which is not an ordinary and well-known activity for which automobiles are put.
Furthermore, the Tribunal found that lifting her foot to step onto the curb was an intervening act and the dominant feature that caused her injuries, not the use or operation of the vehicle.
The application was dismissed.
