A 27 year old man is operating his motorcycle at night. For reasons that we do not know, he collides with a bus shelter and is left in a coma. There are no witnesses. He is entitled to certain benefits under something called the Statutory Accident Benefits Schedule (SABS for short) except in certain circumstances. One of those circumstances is if he KNEW or OUGHT REASONABLY to have known that there was no insurance on the motorcycle. Keep in mind, the young man is in a coma. Because he’s in a coma, nobody can ask him if he KNEW the bike had no insurance, nor can he give an explanation like “I gave the money to my dad and he told me he paid it, or I just bought insurance a couple of hours before the accident but lost my pink slip.” Come up with your own plausible explanation for why he didn’t know or had no practical way of knowing he had no insurance. The question is this. If he remains in a coma, can you as the judge/jury come to the conclusion that either he KNEW or OUGHT REASONABLY to have known there was no insurance?
Posted on: Thu, 04 Jul 2013 12:20:38 +0000
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