COVID-19 UPDATE  

Incident involving a car door, punches in the face considered an accident - L.L. and Intact Insurance Co., Re 2019 CarswellOnt 3604

April 24, 2019, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

L.L. and Intact Insurance Co., Re, 2019 CarswellOnt 3604

Ontario Licence Appeal Tribunal

Heard Before: D. Gregory Flude V-Chair
Date of Decision: March 4, 2019


WAS IT AN ACCIDENT: definition of accident; what is an incident/accident; did the injury occur as a result o f the normal use of an automobile;

The applicant was deliberately injured by the driver of a parked car. The driver slammed a car door into her, and then got out of his car and subsequently punched her in the face three times. The question before the LAT was whether the assault falls under the definition of ‘accident’ pursuant the SABs.

The Tribunal reviewed the incident and the chain of events that led to the assault. The applicant was injured when the other driver deliberately struck her with the door of his parked car injuring her knee and left forearm. The driver then stepped out of his car and punched the applicant in the face three times. As a result of what happened the applicant suffered soft tissue injuries and went on to develop serious psychological impairments.

She sought benefits pursuant the SABs for her injuries from Intact. Intact approved the benefits for the physical injuries but denied benefits to fund the serious psychological injuries on the basis that the incident was actually two separate events, the first being the accident and the second event the assault. Intact Argued that the chain of causation was broken when the other driver got out of the car and struck the applicant in the face. Intact argued that this did not fall within the definition of an accident as set out in the SABs.

On review of the details The Arbitrator concluded that the incident was an accident as that term is defined in the Schedule. In arriving at this conclusion, the Arbitrator took into account the fact that the respondent conceded that the assault involving the car door was an accident and has paid whatever benefits it feels are due as a result. The Arbitrator considered that the long-term impairments allegedly suffered by the applicant as a result of the assault cannot be neatly attributed to the second phase of the assault as the respondent has tried to do. The use or operation of a motor vehicle was a direct cause - not the only cause, of the applicant’s impairments. It is sufficient for the first phase of the assault to be a direct cause of the applicant’s impairments for it to attract the payment of benefits under the Schedule.

Posted under Accident Benefit News, Automobile Accident Benefits, Car Accidents, LAT Case, LAT Decisions, Pedestrian Accidents

View All Posts

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us toll-free at 1-866-414-4878.

It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.

Practice Areas

  1. Car accidents
  2. Motorcycle accidents
  3. Automobile accident benefits
  4. Catastrophic injury
  5. Brain or Head injury
  6. Paraplegia and Quadriplegia
  7. Spinal cord injury
  8. Drunk driving accidents
  9. Concussion syndrome
  10. Post Traumatic Stress Disorder
  11. Business Interruption Insurance
  12. Birth Trauma Injury
  1. Wrongful death
  2. Bicycle accidents
  3. Disability insurance claims
  4. Slip and fall injury
  5. Fractures or broken bone injury
  6. Pedestrian accidents
  7. Chronic pain
  8. Truck accidents
  9. Amputation and disfigurement
  10. Fibromyalgia
  11. Nursing Home Fatality Claims

Personal Injury Blog

Jun 02, 2020
Post Concussion Syndrome Recovery Can Be a Long Road
May 28, 2020
COVID-19 and masks - we wear them to protect others - what you need to know
May 27, 2020
Have you been forced to close your business due to the COVID-19 pandemic? Business Interruption Insurance Claims Explained
May 26, 2020
Have you lost a loved one in a car accident caused by someone else? Wrongful death claims explained.
May 25, 2020
Broker Not liable in case of “I told you to do that” - 2049390 Ontario Inc. v. Leung, 2020 ONCA 164 (CanLII)
May 21, 2020
Nursing Home Fatality Claims - What to do if your loved one has died and you fear some negligence or abuse

More Personal Injury Articles » 
Review our services

Connect with us

Facebook Twitter Linkedin Youtube Google