The applicant sought statutory accident benefits after a pick-up truck crashed into his home while he was sleeping, causing him to wake up in a panic to alarms and strobe lights, resulting in psychological impairments.
The insurer denied benefits, arguing the applicant was not an 'insured person' involved in an 'accident' because he merely witnessed the aftermath.
The Tribunal found that the incident met the purpose and causation tests for an accident, as the vehicle was in operation when it struck the home and directly caused the applicant's injuries without any intervening act.
The Tribunal concluded the applicant was involved in the accident and met the definition of an insured person, allowing the application to proceed to a hearing on the substantive issues.
