The claimant was a minor whose father was involved in an motor vehicle accident. The claimant was autistic and was largely cared for by his mother. The father and mother separated years prior to the accident. The father was a listed driver on his mother-in-law’s insurance policy with TD. The claimant applied for accident benefits under the TD policy. TD argued that he was not entitled to benefits as he was not an insured person in relation to the TD insureds, and due to the lack of evidence that the father’s accident caused the claimant a psychological injury. Adjudicator Lake found that the claimant did not prove a psychological injury caused by the accident. The medical records submitted showed that the claimant’s function was largely the same before and after the accident. Adjudicator Lake also found that the claimant was not principally dependent for care or for financial assistance by the TD insured. Instead, it was the claimant’s mother who the claimant was principally dependent for both care and financial assistance.
