1. The claimant parked her Canada Post vehicle and was standing on the sidewalk taking something out of the vehicle, when she was suddenly struck in the head by an unidentified cyclist travelling on the sidewalk. She lost consciousness immediately.
–>Yes, you can.
As per 17-006380 v Liberty Insurance, 2018 CanLII 97835 (ON LAT), the car insurance company initially denied the claimant’s accident benefits claims on the basis that there is insufficient evidence to establish that the claimant made any contact with the vehicle, or that such contact was a cause of any injury.
The adjudicator ultimately ruled that the claimant’s incidents fall under the definition of an accident under section 3(1) of SABS.
The adjudicator was persuaded by the applicant’s assertion that her mail is sorted and kept on the passenger side of the vehicle where she normally goes to retrieve it, and return it after delivery. It was further ruled that when the cyclist struck her, she came into contact with the vehicle before falling to the ground. This case was determined in favour of the claimant as the using and operating the vehicle on the passenger side was a direct cause of her injuries.
2. The claimant was a cyclist in a bike lane when she was struck by the open door of a parked vehicle, as a result of which she knocked herself into another vehicle, before she fell to the road.
–>Yes, you can.
Even though the vehicle that caused the claimant’s injuries was not moving, she came into direct contact with the open door of the vehicle before falling to the ground under section 3(1) of the SABS. That is, the use and operation of the vehicle was a direct cause of her injuries and she can claim her accident benefits.
