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Yusuf v. Aviva General Insurance (19-010940)

  • December 29, 2021

The claimant was involved in an accident and sustained various minor injuries. Approximately five months post-accident, the claimant’s immediate family members flew from the United Kingdom to visit. The cost of the return flight was GBP £2,650. The claimant submitted the expense to the insurer as an accident-related visitors expense, which was denied. The claimant applied to the LAT disputing the cost of the travel. Adjudicator Grant noted that the medical documentation presented during the hearing indicated the claimant suffered “minor injuries and that the claimant was discharged from the hospital with no need for support services. The claimant gave evidence at an examination under oath that he was able to perform all self-care tasks independently. Furthermore, the OCF-6 was not submitted until five months post-accident. While the claimant did give evidence that he received some assistance from family and friends in Canada, Adjudicator Grant concluded that there was no evidence indicating that the claimant required assistance from a total of five family members who flew from overseas to aid in his recovery, nor was there any evidence that his accident-related injuries were of the severity that his overseas family could provide any medical treatments required better than a local medical professional. The application was dismissed.

Full decision here

TGP Analysis

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  • FILED UNDER Visitor Expenses
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