Claims for accident benefits dismissed as the arbitrator found the alleged motor vehicle accidents did not occur as described.
The applicants claimed statutory accident benefits following two alleged motor vehicle accidents on July 15 and July 30, 2002.
The insurer denied the claims, arguing that the incidents did not meet the definition of an "accident" under section 2(1) of the Statutory Accident Benefits Schedule.
At a preliminary issue hearing, the arbitrator heard evidence from the applicants and three accident reconstruction experts retained by the insurer.
The arbitrator found the applicants' accounts of both incidents to be unreliable and implausible.
Relying on the expert evidence, which demonstrated that the vehicle damage was inconsistent with the applicants' descriptions, the arbitrator concluded that the applicants were not involved in accidents within the meaning of the Schedule and were therefore precluded from proceeding to arbitration.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 11, 2004
