Overview 

Our client suffered a catastrophic brain injury after colliding with a parked pickup truck while riding a dirt bike on a privately owned dirt bike track in eastern Ontario. In addition to pursuing a tort claim, our firm successfully challenged the client’s insurer after it initially denied accident benefits coverage. The accident benefits claim ultimately settled for over $1.1 million. 

Key Takeaways 

  • Settlement amount: Over $1.1 million (accident benefits)  
  • Accident type: Dirt bike accident on a privately owned dirt bike track  
  • Primary injury: Catastrophic brain injury  
  • Resolution method: Accident benefits settlement  
  • Notable legal issues: Insurer initially denied coverage because it did not insure dirt bikes; dispute over attendant care benefits litigated before the License Appeal Tribunal  
  • Medical treatment: Not specified  
  • Long-term impact: Life-changing brain injury  
  • Accident benefits: Coverage successfully established and accident benefits claim settled  

The Case 

Our client was riding a dirt bike on a privately owned lot in eastern Ontario that was maintained and groomed as a dirt bike track. While travelling over a jump, the dirt bike collided with a pickup truck that had been parked behind the jump. The impact threw our client from the dirt bike, resulting in a catastrophic brain injury. 

Following the accident, our firm pursued both a tort claim and an accident benefits claim on our client’s behalf. The insurer initially denied accident benefits coverage, arguing that it did not insure dirt bikes. The insurer also disputed the amount of attendant care benefits that should be provided. 

Our firm challenged both issues before the Licence Appeal Tribunal. The insurer ultimately conceded that accident benefits coverage applied. Before a decision was issued regarding attendant care benefits, the accident benefits claim settled for more than $1.1 million. 

Why It Matters 

This case demonstrates that accident benefits coverage disputes can arise even when an insurer initially denies responsibility. Successfully challenging a coverage decision can be essential to ensuring an injured person has access to important benefits. 

The result also highlights the importance of advocating for clients with catastrophic brain injuries, particularly where coverage and entitlement to benefits are contested.