Insured's evidence about car crash not consistent with physical damage
March 28, 2015, Kitchener, Ontario
Posted by: Robert Deutschmann, Personal Injury Lawyer
Date of Decision: February 26, 2015
Heard Before: Adjudicator Jessica Kowalski
DECISION ON A PRELIMINARY ISSUE
John Osaro, claims he was injured in a car crash on May 30, 2010. He applied for statutory accident benefits from Pafco . Pafco alleges that Mr. Osaro was not involved in a car crash is therefore not entitled to claim car accident benefits. The parties were unable to resolve their disputes through mediation, and Mr. Osaro applied for arbitration at the FSCO.
The preliminary issue is:
Was Mr. Osaro involved in a car “accident”?
Mr. Osaro was not involved in a car “accident”.The application for arbitration is therefore dismissed.
Mr. Osaro claims that he was involved in a car accident on while visiting Toronto from Hamilton. He claims he was driving his white Oldsmobile van when he crossed an intersection and struck a maroon Acura as it attempted a left turn from a plaza and drove into his path, causing a t-bone style collision.
Pafco submits that Mr. Osaro has misrepresented that a collision occurred between the Oldsmobile and the Acura or that, if the two vehicles did make contact with each other, it was not in the manner that Mr. Osaro described.
EVIDENCE and ANALYSIS
The Arbitrator reviewed the testimony and evidence presented at the hearing. Mr. Osaro’s evidence and the discrepancy between his testimony and that of his witness did not make him a credible witness. Upon review of the accident reconstruction reports, the Arbitrator noted further inconsistencies in Mr. Osari’s evidence.
Based on the evidence, the Arbitrator found that the physical damage was not consistent with a collision between these two vehicles as reported. Although it is apparent that both the Oldsmobile and the Acura sustained damage in some sort of collisions, the Arbitrator was not persuaded that they collided or came into contact with each other, as Mr. Osaro alleged.
|Posted under Accident Benefit News, Automobile Accident Benefits, Car Accidents, Fractures
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Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us toll-free at 1-866-414-4878.
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