The Licence Appeal Tribunal has determined that an injury at a privately-organized motocross competition is an “accident” and that the injured party is, therefore, entitled to accident benefits from his insurer.
In the Reconsideration Decision Michael Beaudin v. Travelers insurance Company of Canada [17-006174/AABS], Associate Chair Jonathan Batty agreed with Michael Beaudin, who was rendered with paraplegia as a result of an injury at a motocross event, that the adjudicator of the original decision had erred in the interpretation of the relevant statues and regulations. Mr. Beaudin was represented by Peter Cho, assisted by Chris Jackson, of Smitiuch Injury Law.
Because the event that Mr. Beaudin had participated in was determined to not be caused by an off-road vehicle driven or exhibited at a closed course competition or rally sponsored by a motorcycle association, he would be required to have insurance on the vehicle. Under law, anyone injured in a vehicle that requires automobile insurance is eligible to receive accident benefits.
Travelers Insurance denied Mr. Beaudin access to accident benefits since his accident on July 9, 2017, based on a narrow interpretation of an exclusionary clause, which the Tribunal did not agree with.
Mr. Beaudin will now be able to access up to $1,000,000.00 for his much-needed medical, rehabilitation and attendant care benefits, as well as housekeeping and home maintenance benefits, visitor expenses, and income replacement benefits.
The Reconsideration Decision can be read in its entirety by clicking here.