Applicant's claim for accident benefits dismissed after failing to prove the motor vehicle accident actually occurred.
The applicant sought statutory accident benefits following an alleged motor vehicle accident.
The insurer disputed the claim, raising the preliminary issue of whether an 'accident' actually occurred.
The arbitrator found the applicant's testimony to be highly inconsistent and lacking credibility, noting that the applicant had previously given a different sworn statement.
Expert evidence indicated the vehicle damage was inconsistent with the applicant's description and more consistent with being driven against a rough surface.
Furthermore, the other individuals allegedly involved in the accident had been convicted of fraud related to the same incident.
The arbitrator concluded the applicant failed to prove on a balance of probabilities that he was involved in an accident.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 12, 2007
