The applicant sought statutory accident benefits, claiming she was a passenger in a vehicle struck by a truck.
The insurer denied the claim on the basis that she was not an occupant of the vehicle.
At the arbitration hearing, the arbitrator found the evidence of the police officer and the truck driver, who testified they saw no one else in the vehicle, more credible than the applicant and her witnesses.
The arbitrator concluded the applicant was not an occupant of the vehicle, dismissed her claim as an abuse of process, and ordered her to pay $2,000 in expenses to the insurer.
