Alan Jenkins

The applicant applied for statutory accident benefits, claiming he was injured in a motor vehicle accident.

The insurer refused to pay, alleging the applicant wilfully misrepresented that he was involved in an accident.

At the arbitration hearing, the insurer presented expert evidence on physical damage, which concluded that the damage to the vehicles was inconsistent with a collision between them.

The arbitrator accepted the expert evidence, rejected the applicant's testimony, and found that the applicant wilfully misrepresented a material fact.

The application for benefits was dismissed pursuant to section 48(1) of the Statutory Accident Benefits Schedule, and the applicant was ordered to pay the insurer's expenses.