Insurers Ordered to Compensate Despite Theft Claim Doubts
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:
| Celebrating Excellence: 2025 National Trucking Industry Award Winners 24 Dec 2025: Paige Estritori The Australian Trucking Association (ATA) has proudly announced the recipients of the 2025 National Trucking Industry Awards, recognising outstanding contributions and achievements within the sector. These awards highlight the dedication and excellence of individuals and organisations that drive the industry forward. - read more |
| Insuregroup Achieves Milestone Amid Surge in Truck Insurance Demand 24 Dec 2025: Paige Estritori Insuregroup, a specialist insurance brokerage serving Australia's transport and logistics sector, has announced a significant milestone, surpassing 10,000 processed policies since its inception. This achievement includes a remarkable 25% year-on-year growth in policy count, highlighting the escalating demand for comprehensive truck insurance solutions among Australian freight operators. - read more |
| Australia Implements Mass Limit Increase for Euro VI Compliant Trucks 24 Dec 2025: Paige Estritori In a significant move to enhance productivity and environmental standards within the trucking industry, the Australian government has amended regulations under the Heavy Vehicle National Law. Effective from 1 November 2024, heavy vehicles that comply with Euro VI or equivalent noxious emissions standards are permitted a 500kg increase in general access mass limits. - read more |
| Australian Insurers Falling Behind in Risk Preparedness 24 Dec 2025: Paige Estritori Recent findings from the PwC Insurance Banana Skins Survey reveal that Australian insurers are lagging behind their global counterparts in risk preparedness. The survey, which gathered insights from 698 insurance executives across 42 territories, indicates that Australian insurers scored 6.6% lower on the Preparedness Index compared to the global average. - read more |
| Common Pitfalls in Income Insurance Claims and How to Avoid Them Income insurance is a critical component of financial planning, offering a safety net when life's uncertainties impact your income stream. It ensures that you can continue meeting your financial obligations even if you're unable to work due to illness or injury. This peace of mind is invaluable, especially in an unpredictable job market. - read more
|
| How Tradespeople Can Maximize Tax Deductions Through Insurance Tradespeople work hard to earn their income, often facing unique expenses that can impact their bottom line. Understanding and maximizing tax deductions is crucial for minimizing these costs and keeping more of what they earn. By making informed decisions about expenses, tradespeople can significantly reduce their taxable income. - read more
|
| Income Insurance: The Safety Net for Your Financial Goals in Australia Financial security is pivotal for anyone striving to meet their life goals, be it owning a home, educating children, or ensuring a comfortable retirement. In Australia, where uncertainties can disrupt our best laid-out financial plans, having a safety net in place is essential. Income insurance offers just that—protection against the unforeseen events that could impact your income earning abilities. - read more
|
| Why Income Protection Insurance Matters for Every Australian Earner The unpredictable nature of life can often leave us vulnerable to financial uncertainty, especially when it comes to our ability to earn an income. Whether due to illness, injury, or unexpected job loss, the loss of income can have a devastating impact on our financial stability and quality of life. This is where the importance of insurance in financial planning becomes evident. - read more
|
the amount that an insured is required to contribute toward an insurance claim as stipulated in an insurance policy. Otherwise known as the "policy excess".