The insurer raised a preliminary issue, arguing that the claimant’s injuries did not arise out of the use or operation of an automobile and therefore did not meet the definition of an “accident” as defined by section 3(1) the SABS. The claimant drove to pick her brother up from a party, where she was verbally assaulted by partygoers and her vehicle was damaged. She then drove away from the initial incident, where the assault continued until the police arrived. The claimant alleged that she sustained significant psychological impairment as a result of the incident. The insurer argued that the two part test (the purpose test and the direct cause test) had not been met, because her psychological impairments were not caused through the use or operation of her automobile, and the verbal assaults and fear of physical assault were intervening acts that broke the chain of causation. Adjudicator Grant agreed with the insurer, and dismissed the application.
