When a vehicle collision or rollover happens in “black ice” conditions, the insurer often argues that the driver was not negligent due to the “black ice” conditions. If successfully argued, this “inevitable accident” defence means the injured person is not entitled to any compensation. This defence is difficult to maintain.
The standard auto policy (S.P.F.No.1) provides exclusions for coverage when a vehicle is involved in a “race or speed test.” But driving too fast for road conditions does not automatically mean that you are in a “race or speed test.” You should consult with a qualified injury lawyer.
In Franko v. Zurich Insurance Co. 1999 AJ No. 173 (Q.B. (Q.L.), the Courts stated “Mere speed, or carelessness or even dangerousness does not necessarily lead to the conclusion that a race was in progress.”
Download an S.P.F.No.1.