The applicant was involved in a motor vehicle accident but did not notify her insurer of her intention to apply for statutory accident benefits until 15 months later.
The insurer denied the claim based on non-compliance with the seven-day notice period under s. 32(1) of the Schedule.
The Tribunal found that the applicant provided a reasonable explanation for the delay under s. 34, noting her significant pre- and post-accident medical conditions, cognitive struggles, and genuine ignorance of her entitlement to benefits.
The Tribunal concluded that the hardship to the applicant outweighed any prejudice to the insurer, allowing the application to proceed.
