Overview

A young husband and father suffered a complete spinal cord injury and significant spinal fractures in a dirt bike accident on a private track in Ontario. After his insurer initially denied no-fault accident benefits coverage, a lawsuit was commenced and the claim ultimately settled for $1,175,000.

Key Takeaways

  • Settlement: $1,175,000
  • Accident type: Dirt bike accident on a private track
  • Primary injury: Complete spinal cord injury in the lumbar spine
  • Additional injuries: Significant spinal fractures
  • Resolution method: Settlement
  • Notable legal issues: Dispute over no-fault accident benefits coverage and whether the dirt bike qualified as an “automobile” under the relevant legislation
  • Medical treatment: Not specified
  • Long-term impact: Wheelchair use and assistance with personal care and activities of daily living

The Case

Our client was a young husband and father riding a dirt bike on a private track in Ontario. He went over a feature on the course and struck the ground with great force, suffering significant spinal fractures and a complete spinal cord injury in his lumbar spine.

The injuries had a profound effect on his mobility and independence. He now requires a wheelchair and assistance with many personal care activities and activities of daily living.

Initially, the client’s insurance company refused to provide no-fault accident benefits coverage. The insurer first attempted to direct the claim to another insurance company or a government fund. When that was unsuccessful, it took the position that there was no coverage because the dirt bike was not an “automobile” as defined in the relevant legislation.

A lawsuit was commenced against the insurance company. The claim was ultimately resolved for $1,175,000.

Why It Matters

This case involved a significant dispute over insurance coverage following a dirt bike accident on private property. The insurer’s position on whether the dirt bike qualified as an “automobile” became an important issue in the claim.

The $1.175 million settlement resolved the claim for a client whose complete spinal cord injury resulted in wheelchair use and the need for assistance with many aspects of daily living.