The claimant sought entitlement to medical benefits. The insurer asserted an accident had not occurred under the definition in the SABS. The incident giving rise to the application involved the claimant car surfing on the rear of a motor vehicle. When the vehicle took a sharp turn, the claimant fell and suffered a severe head injury. Adjudicator Nicole Treksler indicated that the claimant had the onus of proving an accident had occurred as defined in the SABS. Applying the purpose and causation tests, it was held that an accident had occurred. It was determined that the vehicle involved was engaged in its ordinary use – while the applicant was using the car for entertainment, the applicant’s primary use of the car was for transportation. The use was not deemed aberrant, abnormal or off-beat, as car-surfing was considered ingrained in culture, albeit illegal and foolish. Since no intervening act was identified, the causation test was also met. Accordingly, an accident was said to have occurred and the claimant was entitled to access accident benefits.
