The insurer applied to the Licence Appeal Tribunal for repayment of income replacement benefits, medical and rehabilitation benefits, independent examination costs, and investigation costs, alleging the respondent staged the motor vehicle accident.
The adjudicator found that the accident was staged, relying on expert evidence that the vehicle damage was caused by a tow truck stinger rather than a rear-end collision.
The respondent was ordered to repay the income replacement and medical/rehabilitation benefits with interest under section 52 of the Schedule.
However, the adjudicator held that the Schedule does not provide for the repayment of insurer examination or investigation costs, and declined to award them as costs under Rule 19.
