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

Hutch Underwriting's New Landlord Insurance Policy Integrates Cyber Protection 20 Apr 2026: Paige Estritori In August 2025, Hutch Underwriting unveiled a new landlord insurance product tailored for Australian residential property owners. This policy stands out by incorporating built-in cyber protection, addressing the growing digital risks landlords face in today's interconnected world. - read more

Australian Medical Association Advocates for Reforms in Private Health Insurance 19 Apr 2026: Paige Estritori The Australian Medical Association (AMA) has intensified its call for comprehensive reforms in the private health insurance sector, particularly in response to the recent 4.41% average premium increase effective from April 2026. This hike, the largest in nearly a decade, has raised concerns about the affordability and value of private health coverage for Australians. - read more

Australian Government Outlaws 'Product Phoenixing' in Health Insurance 19 Apr 2026: Paige Estritori The Australian government has introduced legislation to prohibit the practice known as 'product phoenixing' within the private health insurance sector. This move aims to enhance transparency and fairness for consumers by preventing insurers from closing existing policies and reintroducing nearly identical ones at higher premiums. - read more

HCF and Netball Australia Strengthen Commitment to Women's Health 19 Apr 2026: Paige Estritori HCF, Australia's largest not-for-profit health fund, has announced the extension of its major partnership with Netball Australia and Super Netball, continuing as the sport's official health insurance partner through to the end of 2027. This renewal underscores HCF's dedication to improving the health and wellbeing of Australian women by supporting netball at all levels—from grassroots participation to elite competition. - read more