Home Parking Dilemma Leads to Insurance Dispute Loss

2

The insurer, SGUAS, denied the claim based on a clause that excluded coverage for vehicles left on the street between 10pm and 5am. The woman's car was stolen at 2am from directly outside her house, with the thieves gaining access by breaking into her home and taking the keys.

According to a police report, the location of the car would not have deterred the thieves, who broke a window to enter the house. “Regardless of where the car was parked, the offenders would have successfully taken the vehicle," stated the report.

The car owner revealed that she bought her insurance through a broker and relied on him for managing all details. She admitted to frequently parking on the street because of the difficulty in maneuvering her car into the narrow driveway and carport of her new home.

During the investigation, her broker argued to the Australian Financial Complaints Authority (AFCA) that the car would have been stolen regardless of its parking spot. However, AFCA maintained that the insurer was not liable as the homeowner did not inform them of her regular street parking, a critical deviation from the declared parking arrangements.

AFCA's ombudsman expressed sympathy for the homeowner's plight but upheld the policy's exclusion for overnight street parking. "It seems this practice was established due to the inaccessible driveway, yet the policy clearly stipulates the necessity to inform the insurer of any such changes," the ombudsman noted.

"The homeowner consistently parked on the street overnight, thereby invalidating her insurance claim due to the policy's terms. The failure to communicate this change prejudiced the insurer’s ability to assess the risk properly, justifying the claim denial," the AFCA representative explained.

AFCA further noted that street parking significantly increases the risk of theft, a factor emphasized in the insurer’s underwriting guidelines. “Even though the thieves acted boldly, the information provided by the insurer indicates a higher theft risk for cars parked on the road,” it stated.

At the inception of the policy, the homeowner’s broker had conveyed detailed parking arrangements to the insurer, even providing a picture of the carport. Yet, this information became obsolete when the homeowner developed a habit of street parking without updating the insurer.

This case serves as a stark reminder of the crucial role precise adherence to insurance policy terms plays. Policyholders should communicate any changes in their circumstances to ensure their coverage remains valid. For more details, you can refer to the original ruling by AFCA.

Published:Monday, 9th Sep 2024
Source: Paige Estritori

Share this news item:

Insurance News

AUSactive and Health Partners Collaborate to Enhance Fitness Service Accessibility 13 Jan 2026: Paige Estritori AUSactive, Australia's peak body for the exercise and active health sector, has announced a significant partnership with Health Partners, a not-for-profit health fund with over 85 years of service to South Australians. This collaboration recognises eligible AUSactive Personal Trainers and fitness businesses as approved providers, allowing Health Partners members to claim benefits for personal training sessions, classes, and gym memberships under their Extras policy when part of a medically necessary health management plan. - read more

AIA Australia Teams Up with Peloton and Specialized to Encourage Active Lifestyles 13 Jan 2026: Paige Estritori AIA Australia, a leading life, health, and wellbeing insurer, has announced partnerships with global fitness company Peloton and premium cycling brand Specialized. These collaborations aim to provide AIA Vitality members with significant discounts and incentives to promote cycling, both at home and outdoors. - read more

Australian Insurers Achieve Record Profits Amid Rising Premiums 13 Jan 2026: Paige Estritori In 2024, Australia's insurance sector reported an after-tax profit of $6.1 billion, a significant increase from the five-year average of $2 billion. This surge is primarily attributed to substantial premium hikes and a relatively calm year concerning natural disasters. - read more

Government Consultancy Contracts Near $1 Billion Amid Outsourcing Reduction Efforts 13 Jan 2026: Paige Estritori Recent research indicates that the Australian federal government signed contracts worth nearly $1 billion with consultancy firms in the last financial year, marking a 48% increase from the previous year. This development comes despite the government's commitment to reduce reliance on external consultants. - read more