Injury sustained on bus not sustained in a "Motor Accident"

In Brief

• Pursuant to the definition of "motor accident" in section 1.4 of the Motor Accident Injuries Act 2017 (MAIA), an injury is not sustained in a motor accident unless the injury was "a result of and is caused (whether or not as a result of a defect in the vehicle) during" one of the four examples of "use or operation" listed in the definition.
• The words "caused during" connote a temporal connection between the use or operation of the vehicle and the injury.
• The words "a result of" connote a causal connection between the use or operation of the vehicle and the injury.
• To constitute a "motor accident", pursuant to the definition in s 1.4, there must be both a temporal connection and a causal connection between the injury and the use or operation of the motor vehicle.