Insurers Ordered to Compensate Despite Theft Claim Doubts

The policyholder filed a claim two days after her vehicle was reported stolen on March 23, 2022. She recounted purchasing the car from a friend, who is a certified motor mechanic, and leaving it at their house for servicing.

Insurance Manufacturers of Australia had raised numerous concerns about the circumstances surrounding the theft. These included a lack of proof of purchase and incomplete information about the vehicle's service history. The car was insured despite the new owner not driving it, which also raised suspicions. In addition, the friend did not cooperate with the insurer’s inquiries.

AFCA responded by stating that it is common for individuals to not have a purchase receipt when buying a vehicle privately. They accepted the bank statements showing a $35,000 transaction labeled "AA-Van" as adequate evidence of payment. They also acknowledged that service history details may have been in the vehicle at the time of theft.

The ruling emphasized that purchasing insurance was logical as it included coverage for non-driving events such as theft. While cooperation from the mechanic friend would have aided the investigation, it was not deemed a sufficient reason to reject the claim.

Concerns were also raised by the insurer about why the car remained with the friend for over nine months and inconsistencies in the car’s documented compliance and build dates. AFCA found no definitive reason for the extended storage but accepted explanations, such as Melbourne's lockdown and the complainant’s husband's health issues, as plausible.

The authority acknowledged a confusing situation regarding date inconsistencies but noted that the vehicle identification number (VIN) was consistent across documentation, thus confirming ownership and associated loss.

“Although it seems unlikely that a certified motor vehicle tester would make an error in the build date, it’s not an implausible mistake to make,” commented AFCA’s adjudicator.

Given all evidence, AFCA concluded that the complainant should be recognized as the owner who suffered a financial loss, and they instructed Insurance Manufacturers of Australia to accept the claim and process the payout.

For more details on the original case and ruling, refer to the Australian Financial Complaints Authority’s documentation.

Published:Monday, 29th Jul 2024
Source: Paige Estritori

Share this news item:

Insurance News

CHU Strata Index Uncovers Critical Maintenance Shortfalls in Australian Strata Properties 27 Mar 2026: Paige Estritori CHU, Australia's largest strata insurance underwriting agency, has unveiled the inaugural CHU Strata Index, a comprehensive study examining the attitudes, perceptions, and behaviours of strata property owners across the nation. The research sheds light on significant maintenance gaps that could pose future risks to the integrity and safety of strata communities. - read more

Navigating Premium Hikes and Cybersecurity Risks in Australia's Insurance Sector 27 Mar 2026: Paige Estritori In 2026, Australia's insurance industry is confronting significant challenges, notably the affordability of premiums and the escalating threat of cyber incidents. These issues are prompting insurers to reassess their strategies to maintain profitability and customer trust. - read more

Bridging the Gap: Enhancing AI and Cyber Risk Management in Australian Insurance 27 Mar 2026: Paige Estritori Recent research indicates that Australian insurers are trailing their global counterparts in preparedness for artificial intelligence (AI) and cyber risks. This gap poses significant challenges as the industry faces rapid technological advancements and increasing cyber threats. - read more

Streamlining Compliance: Australian Insurance Brokers Seek Regulatory Relief 27 Mar 2026: Paige Estritori Australia's insurance broking sector is advocating for regulatory simplification to alleviate the growing compliance burdens that impact operational efficiency and client service. The National Insurance Brokers Association (NIBA) has welcomed the Australian Securities and Investments Commission's (ASIC) 'Regulatory Simplification' report, which acknowledges the challenges posed by the current regulatory framework. - read more