Muthu Annamalai

Following a preliminary issue hearing where the Insurer successfully proved the Applicants were not involved in an accident, the Insurer sought its legal expenses.

The Arbitrator found the Insurer was entirely successful and entitled to its reasonable expenses.

The Arbitrator fixed the Insurer's expenses at $7,500, inclusive of fees and disbursements, and ordered the Applicants to be jointly and severally liable for this amount.

The Applicant claimed statutory accident benefits following an alleged motor vehicle collision.

The Insurer denied the claim, arguing that the collision was staged and did not constitute an 'accident' under the Schedule.

At a preliminary issue hearing, the arbitrator reviewed expert engineering evidence and found numerous inconsistencies between the physical damage to the vehicles and the reported sequence of events.

The arbitrator concluded that the Applicant failed to prove on a balance of probabilities that he was involved in an accident, and dismissed the claim.

The applicant claimed statutory accident benefits following an alleged motor vehicle collision.

The insurer denied the claim on the basis that no 'accident' occurred.

At a preliminary issue hearing, the arbitrator considered engineering evidence regarding the physical damage to the vehicles, which was inconsistent with the reported mechanics of the collision.

The arbitrator also noted numerous suspicious circumstances, including pre-existing damage, the storage of the vehicle, and inconsistencies in the reporting of injuries.

The arbitrator concluded that the applicant failed to prove on a balance of probabilities that she was involved in an accident as defined in the Schedule.

The applicant sought statutory accident benefits following an alleged motor vehicle collision.

The insurer denied the claim, arguing that no 'accident' occurred.

At a preliminary issue hearing, the arbitrator reviewed engineering evidence and found significant inconsistencies between the physical damage to the vehicles and the reported mechanics of the collision.

Given these inconsistencies and other suspicious circumstances, including pre-existing vehicle damage and unsupported medical claims, the arbitrator concluded the applicant failed to prove on a balance of probabilities that she was involved in an accident as defined in the Schedule.