Insurers Ordered to Compensate Despite Theft Claim Doubts

10

The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.

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

Clear

Netstrata's Insurance Practices Raise Industry Concerns

26 Oct 2025: Paige Estritori

Recent revelations have cast a spotlight on Netstrata, a prominent strata management firm in Australia, for imposing insurance brokerage fees significantly higher than industry norms. This development has ignited a broader discussion about the need for transparency and reform within the strata management sector. - read more

PICA Group Highlights Potential Risks to Strata Industry Viability

26 Oct 2025: Paige Estritori

Bobby Lehane, CEO of PICA Group, has issued a cautionary statement regarding the future of the strata management sector in Australia. He emphasized that eliminating insurance commissions could pose a significant threat to the industry's viability, drawing parallels to the challenges faced by the aged care sector. - read more

Queensland Strata Owners Advised to Leverage Initiatives for Premium Reduction

26 Oct 2025: Paige Estritori

Strata property owners in North and Central Queensland are being encouraged to take advantage of new federal and state initiatives designed to reduce insurance premiums and improve cyclone resilience. These programs offer financial incentives for property upgrades that can lead to significant savings on insurance costs. - read more

AFCA Urges Insurance Industry to Improve Premium Explanations to Reduce Disputes

23 Oct 2025: Paige Estritori

The Australian Financial Complaints Authority (AFCA) is calling on insurers to enhance their communication regarding premium increases to help resolve disputes more effectively and fairly. The authority suggests that offering flexible payment options could also aid in managing disputes. - read more

TAL's $4.7 Billion Payout Reflects Rising Insurance Claims in Australia

23 Oct 2025: Paige Estritori

Leading Australian life insurer TAL has reported a substantial $4.7 billion in life insurance claims paid over the 12 months ending March 31, 2025. This figure underscores the significant role life insurers play in providing financial support to Australians during challenging times. - read more

Click for more Insurance News