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Incident where respondent fell while entering a moving vehicle meets the definition of an accident.
The respondent applied for statutory accident benefits after falling and fracturing her knee while attempting to enter a vehicle.
The applicant, the Motor Vehicle Accident Claims Fund, disputed that the incident met the definition of an 'accident' under section 3(1) of the Statutory Accident Benefits Schedule, arguing the fall was caused by the respondent's pre-existing medical conditions and not the use or operation of an automobile.
The Tribunal found that the incident met both the purpose and causation tests, as the respondent fell while getting into the vehicle when the driver accidentally shifted gears, causing the car to move forward.
The Tribunal concluded the respondent was involved in an accident and is entitled to claim accident benefits.
