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
Source: Paige Estritori

Please Note: If this information affects you, seek advice from a licensed professional.

Share this news item:

Insurance News

Clear

Western Australia's Transport Sector Pushes for Enhanced Truck Licensing Standards

06 Mar 2026: Paige Estritori

Western Australia's leading transport organisations are urging the state government to reform the heavy vehicle licensing system to enhance road safety. This initiative follows South Australia's implementation of more stringent licensing conditions after a tragic triple fatality in 2024. - read more

Federal Court Denies Insurance Claim of Truck Driver Over Superannuation Coverage

06 Mar 2026: Paige Estritori

In a recent ruling, the Federal Court of Australia dismissed a claim by logging truck driver Bradley Henschke against the Australian Retirement Trust. The court found that Mr. Henschke did not have active insurance coverage through his superannuation accounts, leading to the denial of his claim. - read more

Insurers Alert to Elevated Road Risks Amid Holiday Freight Traffic Surge

06 Mar 2026: Paige Estritori

As the holiday season approaches, Australian insurers and transport specialists are raising concerns about heightened road risks resulting from the convergence of increased freight activity and holiday travel. This period sees a significant uptick in both passenger vehicles and heavy trucks on the roads, amplifying the potential for accidents and safety incidents. - read more

Australian Insurers Achieve Record Profits Amid Rising Premiums

06 Mar 2026: Paige Estritori

In 2024, Australia's insurance industry recorded 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 reduction in severe weather events. - read more

AFCA Challenges Suncorp's 60% Home Insurance Premium Hike

06 Mar 2026: Paige Estritori

The Australian Financial Complaints Authority (AFCA) has directed Suncorp to reassess a 60% increase in a customer's home insurance premium after the insurer failed to provide persuasive evidence justifying the hike. This decision comes amid a backdrop of rising complaints about general insurers, with AFCA reporting record levels of grievances. - read more

Click for more Insurance News