Thomas H. Prescott

The applicants sought statutory accident benefits, including income replacement, education, rehabilitation, and medical benefits, following a motor vehicle accident.

The insurer terminated benefits and the matter proceeded to arbitration.

The arbitrator dismissed the applicants' claims, finding significant inconsistencies and credibility issues in their evidence regarding the accident and their injuries.

The arbitrator also found the medical and rehabilitation evidence unreliable.

The insurer's request for expenses and a special award for frivolous claims was also dismissed, as the arbitrator accepted an accident occurred and did not find the claims to be an abuse of process.

The applicants sought statutory accident benefits, alleging they were injured when their vehicle was rear-ended.

The insurer denied the claim on the basis that the accident was staged.

At the arbitration hearing on the preliminary issue of whether an accident occurred, the arbitrator accepted expert engineering evidence that the vehicle damage was inconsistent with a rear-end collision.

The arbitrator also found the applicant's testimony lacked credibility due to multiple contradictory statements in previous insurance claims.

The arbitrator concluded the applicants were not injured in the described accident and ordered the applicant to pay $2,000 in expenses for abuse of process.