Insured unable to prove he was in a car accident.
November 02, 2013, Kitchener, Ontario
Posted by: Robert Deutschmann, Personal Injury Lawyer
Date of Decision: June 6, 2013
Heard Before: Arbitrator Richard Feldman
In September of 2009 Mr. Ahmed Sadozai rented a 2000 Chevrolet Cavalier to do some shopping and he paid little attention to its condition. He did not own a motor vehicle. He arranged to pick up some men he did not know at a local mosque in the evening of Sept. 13. While driving them home he rear ended a van that was making a left hand turn. He testified the brakes on the car failed and the resulting collision was so violent that both headlight assemblies of the Cavalier were knocked loose on the road. There were several people in the van. The drivers exchanged insurance information, inspected the damage. No police or ambulance attended the scene. Mr. Sadozai drove to the reporting centre, and then returned the car the next morning.
Ahmed Sadozai claimed he was injured in the accident. He applied for and received statutory accident benefits (SABs). Disputes arose concerning certain claims he made for insurance benefits. The case went to mediation. Unable to resolve their disputes, Mr. Sadozai applied for arbitration at FSCO.
The preliminary issue before the Arbitrator was whether Mr. Sadozai had been involved in an accident.
Mr. Sadozai’s story was not convincing to the Arbitrator as it lacked detail, consistency and logic. He was unable to provide credible testimony, and unable to adequately identify the time of the accident, his speed, direction of travel, weather conditions, and the condition of the rental car before and after the accident. Two accident reconstruction specialists also determined that there was no evidence that the two vehicles were ever in contact with each other. Mr. Sadozai’s other evidence is also inconsistent.
Mr. Sadozai chose not to call any of the other six individuals involved in the incident, nor another witness (a friend of his) who just happened to be walking by at the time of the accident to corroborate his testimony.
In light of these facts Arbitrator Feldman found that Mr. Sadozai failed to prove he was in an accident and was therefore not entitled to SABs.
|Posted under Accident Benefit News, Automobile Accident Benefits, Car Accidents, Catastrophic Injury, 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.
It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.