Daniel Mills

The applicant sought medical benefits following an alleged motor vehicle accident.

The insurer denied the claims, alleging the accident was staged and the applicant was not a passenger.

The applicant and her former representative failed to attend the arbitration hearing.

Based on inconsistencies in statements and evidence from another alleged passenger that the accident was fabricated, the arbitrator found the applicant was not involved in an accident and dismissed the arbitration.

The arbitrator awarded the insurer its arbitration expenses of $1,943.52, holding the applicant and her former representative jointly and severally liable due to their non-participation and the vexatious nature of the proceeding.

The applicants claimed they were injured in a motor vehicle accident and applied for statutory accident benefits.

The insurer denied the claims, alleging the accident did not occur.

The applicants failed to attend the arbitration hearing.

Relying on the insurer's expert evidence in accident reconstruction, which demonstrated that the physical damage to the vehicles was inconsistent with the applicants' description of the collision, the arbitrator concluded that the accident did not occur.

The claims for statutory accident benefits were dismissed.