2 total
Application for accident benefits dismissed; carjacking assault was an intervening act severing causation.
The applicant sought statutory accident benefits after being assaulted and carjacked while backing her vehicle out of a parking space.
The respondent denied benefits on the basis that the incident did not meet the definition of an 'accident' under s. 3(1) of the Schedule.
The Tribunal found that while the incident met the purpose test, it failed the causation test.
The physical assault by the third party was an intervening act that severed the chain of causation, and the use or operation of the vehicle was not the direct cause of the applicant's impairments.
The application was dismissed.
Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline funding limit.
The applicant sought statutory accident benefits for chiropractic treatment following a motor vehicle accident.
The respondent denied the treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 funding limit had been exhausted.
The Licence Appeal Tribunal found that the applicant failed to prove on a balance of probabilities that her injuries were not predominantly minor or that she had a pre-existing condition preventing maximal recovery within the MIG limits.
