The claimant sought entitlement to accident benefits following an incident in which he parked in someone else’s parking spot, and as a result he was yelled at and his vehicle was vandalized. The claimant argued that he suffered psychological injuries as a result. The insurer denied that the incident was an “accident”. Adjudicator Makhamra concluded that the incident was not an accident. The incident met the purpose test, as parking a vehicle was an ordinary use of a vehicle. However, the causation test was not met. The injuries alleged by the claimant were not the result of parking the vehicle. The assailant’s verbal attack and vandalization of the vehicle was an intervening act. Adjudicator Makhamra also wrote that the dominant feature of the incident was the altercation, not the parking of the vehicle.
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