Arbitrator finds applicant was a passenger in the accident vehicle, rejecting polygraph evidence of deception.
The applicant sought statutory accident benefits following a single-vehicle accident.
The insurer disputed the claim, alleging the applicant was not a passenger in the vehicle at the time of the accident, relying on a police report that listed a different individual and a polygraph examination suggesting the applicant was deceptive.
The arbitrator found the polygraph evidence to be of no weight due to a lack of evidence regarding its reliability.
Concluding that the insurer's theory of a complex fraud was highly unlikely, the arbitrator held on a balance of probabilities that the applicant was indeed a passenger in the vehicle and awarded expenses to the applicant.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 1, 1998
