The claimant alleged that she was a passenger in a vehicle involved in an accident. The insurer argued that the claimant was not a passenger in the vehicle when the accident occurred. A preliminary hearing was held to determine whether the claimant was involved in an accident as defined in s. 3(1) of the SABS. The insurer’s position was based in part on inconsistencies in Examination Under Oath testimony, the lack of reference to the claimant in police reports, and the evidence of the third party driver. The alleged driver of the claimant’s vehicle did not attend the hearing despite being summonsed by the claimant. A negative inference was drawn from the fact the driver did not attend and the claimant failed to call any other witnesses to support that she was in the vehicle. Adjudicator Hines found that the claimant was not involved in an accident and the LAT application was dismissed.
