The applicant was injured in a motor vehicle accident and applied for income replacement benefits.
The insurer denied the claim on the basis that the applicant's driver's licence was suspended for an unpaid fine at the time of the accident.
In a preliminary issue hearing, the applicant failed to file any evidence or submissions.
The arbitrator found that the legislature intended to make driving while suspended a strict liability offence under the Schedule, removing the previous exception for administrative suspensions due to unpaid fines.
As the applicant provided no evidence to establish a defence of mistake of fact or reasonable care, he was precluded from proceeding to arbitration.
