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Applicant permitted to proceed with accident benefits claim despite delayed notice due to reasonable explanation.
The applicant was involved in a single-vehicle accident and sought statutory accident benefits.
The respondent insurer denied benefits, arguing the applicant failed to notify it of the accident within seven days as required by section 32(1) of the Schedule.
The Tribunal found that the respondent received sufficient notice the day after the accident via a CROMS report, triggering its positive obligation to inquire and assist the applicant.
Alternatively, the Tribunal found the applicant had a reasonable explanation for the delay due to significant cognitive and psychological impairments from a prior accident, which had resulted in a catastrophic impairment designation.
The applicant was permitted to proceed with his application.
