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Pec v Certas Direct Insurance (21-009610)

  • February 16, 2023

The claimant claimed accident benefits in relation to injuries sustained in a confrontation after an alleged road rage incident. The insurer argued that this did not constitute an “accident” under the SABS. The adjudicator, applying a two-part test, found that while the incident arose from the use of the vehicle, the injuries were not directly caused by it. Instead, they resulted from an intervening act, the physical altercation, which was not an ordinary risk associated with vehicle use. The adjudicator concluded that the use of the vehicle was ancillary to the altercation and not the dominant feature causing the injuries, ultimately denying the applicant’s claim for accident benefits. The appeal was dismissed.

Full decision here

TGP Analysis

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  • FILED UNDER Accident Definition
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