Paul Gullekson

The applicant insurer sought repayment of statutory accident benefits paid to the respondent, alleging the motor vehicle collision was a staged accident.

The respondent did not participate in the hearing.

Relying on event data recorder evidence from a forensic engineer, the Tribunal found that the respondent was likely not a passenger in the vehicle and that the collision did not occur as reported.

The Tribunal concluded the respondent was not involved in an 'accident' under s. 3(1) of the Schedule and had wilfully misrepresented material facts.

The insurer was entitled to terminate benefits and the respondent was ordered to repay $3,011.06 plus interest.

The applicant sought statutory accident benefits following an alleged motor vehicle collision.

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

The applicant failed to attend the hearing.

Relying on forensic engineering evidence and Event Data Recorder (EDR) data, the Tribunal found the physical evidence was highly inconsistent with the applicant's account of a T-bone collision while moving.

The Tribunal concluded the collision was staged and did not meet the definition of an "accident" under the Schedule.

The Tribunal held the applicant wilfully misrepresented material facts and ordered her to repay $50,958.56 in benefits previously paid by the respondent.