The applicant sought statutory accident benefits, claiming she was injured as a passenger in a rear-end motor vehicle collision.
The insurer denied the claim on the basis that the applicant's involvement in the accident was not credible.
Relying on expert accident reconstruction evidence that demonstrated the damage to the vehicles was entirely inconsistent with the reported collision, the arbitrator found the applicant's version of events lacked credibility.
The arbitrator concluded the applicant failed to prove she was involved in an 'accident' under section 2(1) of the Schedule and dismissed the arbitration.
