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

Compliance Warnings Put Key Person Cover Quality Back in Focus

16 Sep 2026: Paige Estritori

Australia's life insurance sector has received another reminder that compliance quality is not an abstract issue. The latest Life Insurance Code compliance reporting points to persistent weaknesses in how insurers communicate with customers, manage claims milestones and maintain controls when service pressure rises. - read more

Rural Crime Concerns Put Farm Assets Back in the Spotlight

16 Sep 2026: Paige Estritori

Fresh regional reporting on rural crime has brought a familiar farm risk back into view: the loss of machinery, fuel, tools, livestock and stored inputs through theft or unauthorised access. While weather and biosecurity often dominate farm risk discussions, crime can be just as disruptive when it stops work, delays contractors or leaves a producer without essential equipment at a critical point in the season. - read more

Why SME Insurance Confidence Still Needs a Reality Check

16 Sep 2026: Paige Estritori

The latest SME insurance research from Vero is a useful reminder that confidence and preparedness are not always the same thing. Many Australian small and medium-sized businesses know insurance is essential, but the harder question is whether their current cover would respond as expected after a major loss, liability claim or interruption. - read more

Why Firmer Cattle Prices Should Trigger an Insurance Check

15 Sep 2026: Paige Estritori

Recent rural market reporting has pointed to firmer cattle values across parts of eastern Australia, with improved seasonal confidence, restocker demand and tighter supply helping support prices in a number of saleyards. For producers, stronger prices are welcome after a period of difficult seasonal and cost pressures. But there is also a quieter insurance issue sitting behind the market lift: if livestock values rise, the financial exposure carried by the farm may rise with them. - read more

Softer premiums do not remove the need for sharper cover checks

15 Sep 2026: Paige Estritori

Recent commercial insurance market commentary points to a more favourable pricing environment for many Australian business buyers, with competition returning in some lines after several years of tougher renewal conditions. For consultants, this is welcome news, but it should not be mistaken for a signal that professional risk has become simple or low-cost to insure. - read more

Click for more Insurance News