The claimant suffered injuries which rendered him paraplegic while attempting to load a GMC Sierra truck onto a trailer in order to move it to another location to be repaired. The trailer was attached to a Dodge truck driven by one of the claimant’s friends. The insurer sought a determination of whether the incident met the definition of an “accident” as defined under section 3(1) of the SABS. Adjudicator Farlam found that the purpose test was not met, because the claimant’s injuries were not the direct result of the ordinary use or operation of the insured vehicle. The vehicle was missing many parts, was not roadworthy, and not drivable under its own power. As such, Adjudicator Farlam determined that the vehicle had ceased to be a motor vehicle that could be motored in and became an object that used to be a motor vehicle. As she found that the purpose test had not been met, Adjudicator Farlam did not conduct an analysis concerning the direct cause test.
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