Injuries suffered by a person left in a parked motor vehicle due to environmental conditions (such as heat) can arise out of the use of the vehicle within the meaning of s 94(1)(a) of the Transport Accident Act 1986 (Vic), where there is a non-coincidental nexus between the driver's decision to park the vehicle at a particular location and the injuries. The fact that injuries were not suffered immediately after parking, or that the person was in the vehicle due to earlier non-vehicular conduct (such as drug injection), does not preclude the injuries from arising out of a later, normal use of the vehicle.
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