The applicant sought statutory accident benefits following an incident where he alleged a tractor-trailer backed into his vehicle.
The insurer denied the claim, arguing no collision occurred, relying on dash-cam video gaps and an accident reconstruction expert.
The arbitrator held a preliminary issue hearing to determine if the incident met the definition of an 'accident' under s. 3(1) of the Schedule.
Applying the purpose and causation tests, the arbitrator found that self-reporting collision reports from both drivers confirmed contact between the vehicles.
The arbitrator concluded the applicant was involved in an accident and deferred the issue of expenses to the main hearing.
