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A woman injured in a car crash near Oyama three years ago lost her appeal as she tried to get insurance coverage as a passenger.

Sebrina Mazzei was left with "serious injuries" when the vehicle she was in went over an embankment. The driver was at fault, but didn't have third-party liability coverage that would insure her, according to a recent BC Court of Appeal decision.

The decision didn't say who was driving the vehicle, but Mazzei's boyfriend and her father were each named as owners of the vehicle. It also didn't say what happened to the other three passengers in the crash.

After the December 2019 crash, ICBC initially agreed to pay her $50,000, but later took took the matter to an arbitrator to determine whether she was insured.

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Although it was clear the driver did not have third-party liability coverage, the arbitrator was tasked with ruling whether Mazzei qualified as a member of the owner's household, which would determine whether she would be covered alongside the driver.

Mazzei's boyfriend and her father were both living with her in Vernon temporarily, supporting her after the death of her son.

She argued the living arrangement, which began in the summer before the crash, meant they should still be considered part of the household. She said the fact it was temporary shouldn't matter as they all contributed to the house, living as a "family unit," according to the decision.

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An arbitrator found the relationship between Mazzei and her boyfriend was in its "early stages" and he would return to his own home once she didn't need his support. Her father had a similar arrangement in that he also planned to leave when Mazzei no longer needed the support.

Her attempt to get insurance coverage failed with the arbitrator in June, and again when the BC Court of Appeal agreed with the arbitrator's decision on Sept. 20.

ICBC was awarded the legal costs for the appeal and Mazzei's application was dismissed.

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