Mr. Sullivan

The applicant sought statutory accident benefits following an alleged motor vehicle collision where the vehicle he was a passenger in struck a tree.

The respondent insurer denied the claim, arguing the collision was a staged accident and the applicant willfully misrepresented material facts.

The Licence Appeal Tribunal found copious inconsistencies between the accounts of the applicant, the driver, and the other passenger regarding the events leading up to the incident and the collision itself.

The Tribunal concluded the applicant failed to prove on a balance of probabilities that the incident was an 'accident' under the Schedule.

Furthermore, the Tribunal held that the applicant's inconsistent descriptions were made with the intent to mislead the insurer, constituting willful misrepresentation.