The applicants claimed statutory accident benefits following an alleged motor vehicle accident on May 25, 2002.
The insurer denied the claims, arguing that no accident occurred.
At the preliminary issue hearing, the applicants requested an adjournment to obtain new representation, which was denied due to their failure to make reasonable efforts following a previous adjournment.
On the substantive issue, the insurer presented unrebutted expert evidence from two accident reconstruction specialists demonstrating that the physical damage to the vehicles was inconsistent with a collision.
The arbitrator found the applicants' evidence insufficient to rebut the physical evidence and concluded that no accident occurred.
The applications for arbitration were dismissed.
