In a motor vehicle accident case where the victim is not dead but still exists, is there any case law that supports the presumption that the accident victim’s death is not an accident?

Alberta, Canada


The following excerpt is from Andrews v. Grand & Toy Alberta Ltd., 1974 CanLII 298 (AB QB):

In the Fletcher v. Autocar case Diplock L.J. at p. 744 stated: “… in a case where the victim is not dead but still exists, one ought to provide a large margin to ensure that whatever contingency may occur for which allowance was not made in assessing the provision needed for the victim and his dependents, there will be funds to meet it.”

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