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auto accident lawyers Toronto, has many clients wondering about their rights. The question is whether or not a person can file an accident benefits claim with their insurance company, if he or she has been car jacked or assaulted during an attempted carjacking? Today at long-term disability lawyers we will look at a scenario involving a carjacking and whether or not a claim can be filed. In 2000 a man pulled into a gas station to fill up his tank. After finishing pumping the gas he went to grab money from inside his car, when four men assaulted him and attempted to take his car from him. Luckily, the man was able to put his car in reverse and escape from the gas station. However, after driving away from the incident, the man noticed he had sustained injuries including a traumatic brain injury. As a result, he filed a claim with his insurance company, for an accident due to the assault of the aforementioned four men. However, rather then provide the man with the accident benefits required covering his initial damages; the insurance company brought a motion before a judge to attempt to dismiss the man’s claim. During the trial, the man and his spinal cord injury lawyer claimed that he had met the requirements of the Supreme Court decision in Amos v ICBC. For those unfamiliar with that case, the Supreme Court established that a person filing a motor vehicle accident claim must meet both the purpose and causation tests in order to qualify for accident benefits. The judge in the man at the gas station’s case, ruled in that the man had gone to the gas station for the purpose of seeking fuel for his car, which anyone would. The judge also pointed out that the causation of the man’s injuries, stemmed from the gang’s intention of taking his car. For that reason, the man won his case for accident benefits. ">A recent question at auto accident lawyers Toronto, has many clients wondering about their rights. The question is whether or not a person can file an accident benefits claim with their insurance company, if he or she has been car jacked or assaulted during an attempted carjacking? Today at long-term disability lawyers we will look at a scenario involving a carjacking and whether or not a claim can be filed. In 2000 a man pulled into a gas station to fill up his tank. After finishing pumping the gas he went to grab money from inside his car, when four men assaulted him and attempted to take his car from him. Luckily, the man was able to put his car in reverse and escape from the gas station. However, after driving away from the incident, the man noticed he had sustained injuries including a traumatic brain injury. As a result, he filed a claim with his insurance company, for an accident due to the assault of the aforementioned four men. However, rather then provide the man with the accident benefits required covering his initial damages; the insurance company brought a motion before a judge to attempt to dismiss the man’s claim. During the trial, the man and his spinal cord injury lawyer claimed that he had met the requirements of the Supreme Court decision in Amos v ICBC. For those unfamiliar with that case, the Supreme Court established that a person filing a motor vehicle accident claim must meet both the purpose and causation tests in order to qualify for accident benefits. The judge in the man at the gas station’s case, ruled in that the man had gone to the gas station for the purpose of seeking fuel for his car, which anyone would. The judge also pointed out that the causation of the man’s injuries, stemmed from the gang’s intention of taking his car. For that reason, the man won his case for accident benefits.
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auto accident lawyers Toronto, long-term disability lawyers, traumatic brain injury, spinal cord injury lawyer,
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