David was a thirteen year old boy who sustained head injuries resulting in cognitive impairment and significant impairment to his right eye arising from a motor vehicle accident.

The circumstances of the accident arose when David’s younger brother, aged eleven years at the time, was driving a farm vehicle with David as a passenger when an accident occurred.

A CTP claim was lodged and liability was denied.

The CTP insurer alleged the accident was a public liability claim.

A claim was made on the basis the children’s father was aware, or should have been aware that his sons were going to drive the farm vehicle.

A dispute ensued and the case progressed as to what constituted a motor vehicle accident, whether consent by the father was relevant and if so, was it covered by the exclusion clauses contained in the public liability policy.

The matter proceeded to a favourable determination involving solely the CTP insurer.