Tribunal finds applicant was involved in an accident and dismisses insurer's misrepresentation and repayment claims.
The applicant sought statutory accident benefits following a reported hit-and-run rear-end collision.
The respondent insurer denied benefits and sought repayment of $13,947.45, alleging the applicant staged the collision or wilfully misrepresented the facts, relying on an engineering report suggesting the vehicle reversed into a pole.
The Tribunal preferred the applicant's engineering experts, who found her account plausible based on real-world collision data.
The Tribunal also drew an adverse inference against the respondent for selling the vehicle before it could be inspected.
The Tribunal concluded the applicant was involved in an accident, did not wilfully misrepresent material facts, and the respondent was not entitled to repayment.
OLATOntario Licence Appeal TribunalJun 23, 2023
