A written preliminary issue hearing was held to determine whether the claimant was involved in an accident as defined in s. 3(1) of the SABS. The claimant claimed she was involved in an accident when her vehicle was side swiped by another vehicle, causing her injuries and damaging her vehicle. The insurer submitted that the claimant was injured during a drive-by shooting when the claimant’s vehicle was stopped at a red light. The insurer conceded that the claimant was injured while driving a vehicle, but the claimant was not injured in an “accident.” Adjudicator Reilly found that the shooting was the direct cause of the claimant’s injuries and the fact that she was in a vehicle was merely incidental. There was no evidence supporting the claim that her vehicle was side-swiped. Adjudicator Reilly found there was no evidence that the claimed impairment was caused by an accident as defined by the SABS. The application was dismissed.
