The claimants made a claim for accident benefits following an incident in which they witnessed a vehicle strike a close family member (spouse and father-in-law, respectively). The incident was only a few feet in front of the claimant. The claimants heard the collision and witnessed the aftermath. The claimant alleged that they suffered psychological injuries. Because neither claimant had their own automobile insurance, they made a claim to the policy of the driver who struck the relative. Adjudicator Norris concluded that neither of the claimants were an “insured person” because they were not “a person who is involved in the accident involving the insured automobile”. The “insured person” definition in the SABS suggested that claims for nervous shock were limited to family members who qualified under section 3(1)(a)(ii).
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