Is a Carjacking An “Accident”?

Posted by on September 7, 2011 under Accident Benefits, Automobile Insurance, Case Law, Claims Denial, Insurance Companies Comments are off for this article

On February 26, 2000, Michael Downer pulled into a Scarborough gas station in his Jeep.  He left the engine on the Jeep running while he sat in the driver’s seat and separated money from his wallet to pay for gas.  When Mr. Downer looked up from his wallet, he saw 3 or four young men around his jeep.  The men began hitting Mr. Downer while pulling him out of the vehicle.  Mr. Downer put the Jeep into reverse to get away from the men.  One of the men tried to force the gear into park while Mr. Downer reversed out of the gas station and then drove off.  A short time later, he became aware that he had suffered injuries in the incident.

Mr. Downer’s insurance company brought a motion to dismiss Mr. Downer’s claim for benefits on the basis that he had not suffered his injuries in an accident.

Was the carjacking an accident?

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