D.S. v Economical Insurance Company (19-004414)

The claimant was involved in an accident in Quebec and elected to receive SABS in accordance with the SAAQ system. The insurer paid a lump sum in accordance with the SAAQ. The claimant disputed the lump sum, but the insurer argued that the limitation period applied. Adjudicator Grant concluded that the dispute was barred by the limitation period. The LAT application was filed more than two years after the insurer’s decision, and the claimant could not prove that she was unable to file a dispute within two years.