Insurers Ordered to Compensate Despite Theft Claim Doubts

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
Author: Paige Estritori

Please Note: We do not endorse any specific products or companies. Some content is sourced from third parties, including press releases, and may not be independently verified for accuracy or completeness.

Share this news item:

Insurance News

Clear

New specialty insurer adds capacity for construction risks

05 Nov 2026: Paige Estritori

Munich Re Specialty’s formal entry into the Australian primary specialty insurance market on 2 November 2026 is a fresh signal that capacity is returning to selected commercial risks, including construction and engineering. For builders, contractors and project owners, the development is relevant because it adds another recognised name to a market where placement outcomes still depend heavily on project quality, documentation and risk controls. - read more

Insurance Inquiry Delay Extends Wait for Small Business Answers

04 Nov 2026: Paige Estritori

A federal parliamentary inquiry examining small business insurance has pushed its final report from 27 October 2026 to 26 February 2027, extending the wait for recommendations on affordability, availability and regulation. For Australian businesses that rely on public liability insurance, the delay matters because the inquiry is looking directly at whether modern cover is meeting the needs of small firms, not-for-profits and community organisations. - read more

Life Claims Review Puts Communication Back in Focus

04 Nov 2026: Paige Estritori

A new Life Code Compliance Committee inquiry has sharpened attention on how life insurers manage longer-running total and permanent disability and income protection claims, finding that earlier information requests and clearer communication could reduce avoidable delays for people already dealing with illness, injury or loss of income. - read more

Why Liability Pricing Relief Still Needs Caution in Restaurants

04 Nov 2026: Paige Estritori

Australian restaurants and cafes may be entering a more competitive phase for liability insurance, but the latest market analysis suggests owners should avoid treating softer pricing as a signal that risk has reduced. KPMG Australia's October 2026 liability insurance review, drawing mainly on APRAs National Claims and Policies Database to December 2024, points to moderating pricing momentum after several years of premium strengthening, while also highlighting uneven claims experience across public liability and related classes. - read more

Commercial Insurance Softens, but Truck Cover Still Needs Evidence

04 Nov 2026: Paige Estritori

Fresh commercial insurance data points to a more buyer-friendly market, but Australian truck operators should be careful not to read the headline fall as a simple forecast for cheaper heavy vehicle cover. Marsh’s Q3 2026 Global Insurance Market Index, released on 21 October 2026, reported a 12 per cent fall in Pacific commercial insurance rates for the quarter, led by property and supported by strong insurer competition. - read more

Click for more Insurance News