Claims for statutory accident benefits dismissed after expert evidence established the alleged accident did not occur.
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.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 6, 2005
